Presiding judge Chancellor Kathleen McCormick of the Delaware Court of Chancery ruled on Wednesday that Musk’s countersuit will be made public on the afternoon of August 5, two days later than Musk wanted. .
Musk’s countersuit could be made public as early as Thursday, according to a person familiar with the matter but not authorized to discuss it.
Mr. McCormick made his decision after San Francisco-based Twitter accused Mr. Musk of trying to post his 163-page countersuit on Wednesday without giving him the opportunity to write, or black out, comments. confidential company information.
Hours later, Musk’s lawyers hit back, accusing Twitter of trying to bury “the side of the story it doesn’t want to see publicly disclosed” and undermining the public’s First Amendment constitutional right to know the arguments of both parties.
Twitter received a copy of the countersuit on July 29, and said court rules allow it five business days to work on the write-ups. Musk said three business days was enough.
The dispute highlights the acrimony between Twitter and Musk, who is also chief executive of electric car company Tesla Inc.
Musk agreed to buy Twitter on April 25, but sought to pull out on July 8 without paying a billion-dollar severance fee, citing Twitter’s inability to provide details on the prevalence of bot accounts and spam. .
Twitter sued him four days later, accusing him of sabotaging the merger because it no longer served his interests, and demanding that he complete the merger.
A trial is scheduled for October 17. This week, Twitter issued dozens of subpoenas to banks, investors and law firms that backed Musk’s bid, while Musk issued subpoenas to Twitter advisers at Goldman Sachs and JPMorgan. .
Musk had offered to buy Twitter for $54.20 a share, saying he thought it could be a global platform for free speech.
Twitter stock closed up 2 cents at $41.00 on Wednesday.