Yesterday, we posted thousands of pages of documents from consolidated Case No. 12711-VCS in the Delaware Court of Chancery: In Re Tesla Motors, Inc. Stockholder Litigation. The documents were all initially sealed or "confidential" and could not be viewed publicly.
They were made public after Think Computer Foundation, the non-profit sister organization of Think Computer Corporation, which runs PlainSite (including this account), made a request under Rule 5.1(f) that set a review process in motion. The total cost was about $200.00.
As you wade through the documents, there's a handy guide, which is actually posted several times on the docket. Document 328 contains a handy index of all of the exhibits released up through Document 336. Here's the link: plainsite.org/dockets/downlo…
Those exhibits are grouped together in large PDFs filed as attachments to Documents 328-335 and 339 (because the lawyers got a bit confused/overwhelmed). Then there are more, separate exhibits from Documents 336-338.
You can see Think Computer Foundation's request on the docket at Document 308. It was filed on September 19, 2019, and the Rule 5.1(f) process normally takes *no more* than 10 days per the Rule. But $TSLA asked for an extension three days later, which is Document 309.
The extension request was filed on a Sunday afternoon. Think Computer Foundation's lawyer became aware of it Monday. On Tuesday at 6:16 A.M. Pacific Time, the Vice Chancellor (judge) approved $TSLA's request without even allowing Think Computer Foundation a chance to respond.
This mattered because the date $TSLA asked to "enlarge time" to was October 24, 2019, in the middle of its earnings call window. On October 10th, Tesla announced its earnings call would be held on October 23rd, one day before the release.
This also mattered because between September 19, 2019 and October 24, 2019, $TSLA's advocates, led by Omar Qazi, escalated a campaign of criminal harassment against @AaronGreenspan and his entire family, which has been well documented.
Aaron's parents are on Think Computer Foundation's Board of Directors. And $TSLA's entire Board of Directors was made aware of Mr. Qazi's problematic behavior on Tesla's behalf on August 7, 2019. (They never responded directly or through counsel.)
Then on October 9th, Bloomberg published its AutoPilot story profiling Mr. Qazi, in which Elon Musk was on the record encouraging Qazi's behavior. This is problematic, as it shows that Elon Musk was aware of and encouraging of criminal harassment against a party in the DE case.
In such a situation, most Boards of Directors would force a CEO to resign. Deliberate criminal misconduct cannot be tolerated. Even willful negligence cannot be tolerated. Either way, this is a serious matter, and it's not going away.
The harassment continues in Qazi's absence. @AaronGreenspan never sued Omar Qazi. And the fact that Aaron developed the initial campus-wide Facebook at Harvard is a point of fact confirmed both by Mark Zuckerberg, who joined it, and the New York Times.
That of course does not preclude the possibility of this matter going to court in the future.
