Twitter, Inc. v. Elon R. Musk

Opinion

COURT OF CHANCERY OF THE STATE OF DELAWARE KATHALEEN ST. JUDE MCCORMICK LEONARD L. WILLIAMS JUSTICE CENTER CHANCELLOR 500 N. KING STREET, SUITE 11400 WILMINGTON, DELAWARE 19801-3734

July 9, 2024

Catherine A. Gaul Aaron Greenspan Randall J. Teti PlainSite Ashby & Geddes, P.A. 956 Carolina Street 500 Delaware Avenue, 8th Floor San Francisco, CA 94107 Wilmington, DE 19899

Re: Twitter, Inc. v. Elon R. Musk, et al., C.A. No. 2022-0613-KSJM

Dear Counsel:

On June 18, 2024, Aaron Greenspan filed a challenge under Court of Chancery

Rule 5.1 to the continued confidential treatment of docketed items in the above-

referenced action. That case is closed, but that status does not preclude Mr.

Greenspan’s challenge. Rule 5.1, which was amended on June 14, 2024, allows any

person to “challenge the confidential treatment of a Confidential Filing.”1 The

challenger must first file a notice with the Register in Chancery identifying each

challenged confidential filing by docket number, Transaction ID, title, or other

identifying information.2 Mr. Greenspan’s challenge satisfied these requirements by

specifically identifying twelve docket numbers and attachments.

1 Ct. Ch. R. 5.1(g)(1).

2 Ct. Ch. R. 5.1(g)(2). C.A. No. 2022-0613-KSJM July 9, 2024 Page 2 of 2

Once challenged, any person seeking continued confidential treatment must

move within five days of the challenge notice.3 That deadline elapsed on June 26,

2024. Before the deadline passed, Twitter, Inc.’s successor in interest, X Corp., moved

for an extension of time to July 17, 2024, to review the challenged filings to determine

whether any information in the filings should remain confidential.

This court has the discretion to extend the time limits imposed by the Court of

Chancery Rules, and it is appropriate to allow X Corp. more time to review the

challenged filings and prepare public version of those filings. X Corp.’s motion is

granted. X Corp. has until 4:30 p.m. on July 17, 2024, to respond to Mr. Greenspan’s

challenge. No further extensions will be granted.

IT IS SO ORDERED.

Sincerely,

/s/ Kathaleen St. Jude McCormick

Chancellor

cc: All counsel of record (by File & ServeXpress)

3 Ct. Ch. R. 5.1(g)(6)(A).