Twitter’s legal team on Tuesday accused Elon Musk‘s lawyers of not turning in the billionaire’s texts with the Chief Executive Officer of Morgan Stanley James Gorman.
Twitter’s lawyers have asked that Judge Kathaleen McCormick sanction Musk and his team for their failure to produce the text exchanges with Gorman as well as those he had with the co-founder of Oracle, Larry Ellison.
Prior to terminating the deal, Musk had approached many banks to help finance the buyout, including Morgan Stanley. The investment bank acted as the Tesla co-founder’s chief financial adviser and had also pledged more than $5 billion in financing, according to a Bloomberg report. Twitter’s filing showed that Musk did not produce four texts with Gorman, some of which occurred on April 25, the day the deal with Twitter was finalised.
Earlier this month, Judge McCormick had admonished Musk for failing to fully transfer all of his text exchanges with his aide Jared Birchall. In the same hearing, Twitter had asked that the tech billionaire be sanctioned, which Judge McCormick denied. However, she wrote, “Assuming that Musk’s response was not telepathic, one would expect some evidence of it in defendants’ document production.”
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The news come just hours after it was reported that the billionaire’s deposition by Twitter’s lawyers had been rescheduled to October 6 and 7, just 10 days before the October 17 trial. Over the course of the five day trial, Delaware Chancery Judge McCormick will decide if Musk will be forced to complete the $44 billion buyout of the social media company that he terminated earlier this year.
Twitter is looking to convince Judge McCormick that Musk’s reason for pulling out of their deal was because of buyer’s remorse. Musk has declined that charge saying that Twitter had not been clear about how many spam and bot accounts were on the platform and what they were doing to address the issue.