tuesday's court hearing in twitter v. musk will cover seven discovery motions + morgan stanley's opp. to twitter's motion to compel production
we begin at 1:30pm Eastern & go to 4:45pm —
live-tweet here ⤵️
if you want to dial in to listen along, call (774) 267-2687
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Replying to
here is a brief summary of everything at issue for the hearing (second pic in the quoted tweet)
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long update on everything that went down Friday, and where we stand in advance of the hearing on Tuesday in Twitter v. Musk
also, sounds like Alex Spiro had his deposition today, in Wilmington — I'm sure that was fascinating
Elon's starts tomorrow!
chancery.ink/spotlight
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we are doing mic checks
this hearing is happening via Zoom, so the audio quality should be better? might also be worse lol
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screaming internally — let's do a little housekeeping — this is the hearing on various issues (see tweet #2 above for details) in Twitter v. Musk. I will refer to the parties' lawyers and Chancellor McCormick as follows:
Twitter:
Musk:
Court:
this is purely pragmatic.
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Elon is not actually there, but I don't have time while doing all this at a million miles per hour to write out "Defendants" or "Musk Parties" so please accept the shorthand in advance lol.
Also, when I put things in [brackets] it means it's summary or commentary.
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When I'm paraphrasing but pretty close, I'll just put it in plain text. If I somehow have time to be mentally 99% sure of the exact phrasing, I'll sometimes put it in "quotation marks". NB, only the court reporter has final word on what was actually said in these hearings.
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Just a note that there are tons of people who are going to be arguing and there are going to be tons of lawyers arguing, and I am not even going to try to capture their names — y'all can add them to comments, but I'm not going to distinguish speakers on the fly.
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Also, I should add one to the list of speakers—
Twitter:
Musk:
MS: [Morgan Stanley]
Court:
Again, we can go back and add human names to these people later, but I'm not going to be capturing that nuance in real time.
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seems like everyone is in the Zoom room, and we are getting ready to go. I assume the Chancellor will be entering shortly.
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I'm thirsty. I've gotta pee. I am wired. I am tired. I am excited. I am bored.
Chancellor joining now.
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Court:
Good afternoon, everyone.
[checking mics]
Let's jump right into the second motion to amend.
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Musk:
Thank you for your letters on the matter. We have already served responses to the interrogatories, but as to documents that relate to Mr. Zatko, we think it's a step too far.
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Musk:
But in light of Your Honor's letter suggesting that a categorical log would allay concerns, we are prepared to prepare one.
A metadata log would presumptively include details of internal communications more than necessary to convey the information.
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Twitter:
This is the first time we've heard the proposal that was just made, & I'm trying to absorb it but I have questions that I'm sure Your Honor doesn't have an answer to. We want to have an agreement on the scope of the discovery that's going to be provided here.
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Twitter:
Whatever kind of log — whether categorical or metadata — we would want to make sure that it would be limited to the ones for which special logging would be appropriate.
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Twitter:
We would want — as Your Honor indicated yesterday — to confirm that there's involvement of senior Delaware counsel, and to insure that all the documents logged are reviewed and deemed to be properly withheld as privileged.
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Twitter:
We actually think a meta data log is less burdensome, and we continue to believe that's the appropriate solution to this problem.
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Court:
Let me try to distill the issues you just raised — you're concerned about the scope of documents that would be expected in the ordinary course. And you would want attorney involvement, each document reviewed by a senior Delaware attorney, and then the type of log.
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[this is an example of Chancellor McCormick negotiating a dispute on the fly like she is very savvy at doing and regularly does in other matters — she's a master of honing in]
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Musk:
[responding to the Court's summary of the remaining issues — fine tuning the types of documents, sounding like they want to report a single category to dump communications in that's something like "lawyers talking about Zatko" and they don't want to detail them]
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Court:
If a document falls into the ordinary course and another category, it would not be excepted into the category log, it would be subject to the ordinary course protocol.
Musk:
Correct, Your Honor.
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Musk:
In terms of metadata vs. categorical, I understand the logic that a metadata log requires less human involvement, and therefore less burden, I think our concern in this particular context is that subject lines are going to be need to be reviewed.
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Court:
One of the reasons why these categories of logging would allay concerns is because they would *both* involve the same level of attorney review on the underlying documents.
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Musk:
To be clear, Your Honor, we are reviewing every document, we are having attorney review of every document.
I think it's more sensitivity around privilege than burden in the narrow, easy sense.
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Court:
I'm prepared to give you some guidance.
The real issue that remains is whether the defendants here must produce documents concerning the amended allegations.
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Court:
[ha! she was prepared to give partial rulings!]
To the parties credit, you've actually worked peaceably through much of the meet and confer process.
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Court:
I am going to order that defendants produce a category log as to their documents. and by that I mean — documents that only fall within that category where no portion of them is otherwise responded to the request concerning the second amended amended complaint.
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Court:
I will ask that Mr. Wilson take the pen on a form of order that memorializes the scope of production of these documents.
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Court (upon request for clarification from Twitter):
Documents that will be logged categorically are ones that speak exclusively to matters concerning Zatko but not to his whistleblower complaint.
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[the parties agreed on all issues regarding Guano Notes and therefore mooted the Defendants 7th Discovery Motion]
Court:
Great, so the entire Defendants' Seventh Discovery Motion is mooted.
Now, onto Defendants' Fifth Discovery Motion.
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Court:
Some technical difficulties, so we are doing appearances for the record while the next speaker gets things sorted out.
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