The judge said Musk was falsely claiming that the “funding secured” tweet was accurate

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The contributor who sued Elon Musk and Tesla over Musk’s infamous “secured funding” tweet Pursuit A temporary restraining order to prevent Musk from continuing to publicly claim that the 2018 tweet was accurate. The lead plaintiff representing a class of Tesla shareholders says a federal judge has already ruled Musk’s tweet false – although that ruling has yet to be opened.

“Since this court decided in its last order to grant the plaintiff’s lawsuit for a partial summary judgment, Musk’s statements are false and misleading and that Musk made these false statements recklessly and with full awareness of the facts that he distorted in his tweets,” he said. The Deposit on Friday In class action in the US District Court for the Northern District of California.

And the order was issued with a seal, according to another court filing.

“A request for a temporary injunction refers to a judge’s previous ruling [Edward] Chen is currently under seal because he is referring to evidence that the Mask team has deemed confidential,” CNBC Books. “We expect the matter to be published soon,” said Adam Upton of Levi & Korsinsky, the lead advisor to the class of Tesla shareholders who have filed the lawsuit against Musk and Tesla.

In an earlier ruling that allowed the lawsuit to proceed, Chen in April 2020 Found This is the plaintiff [Glen Littleton] sufficiently warrant that Mr. Musk made false or materially misleading statements within the scope of his role as CEO of Tesla, knowing the errors of his statements — or, at least, was willfully reckless when making such public disclosures.”

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Musk has until April 20 to file a response to the temporary restraining order request. In a public appearance last week, Musk claimed the tweet was accurate and called the Securities and Exchange Commission “bastards.”

“No reasonable jury can find accurate Mask’s tweets”

The court issued the order on April 1, and it was received by the parties to the case on April 10. As the court held, the record of evidence showed that no reasonable jury could find Musk’s August 7, 2018 tweets accurate or not misleading. Likewise, given that Musk was closely involved in the facts that led to this conclusion, the court also found that He made reckless statements knowing that they were false,” according to the plaintiff’s file.

If approved, the requested temporary injunction would prevent Musk “from speaking with the press, the media, the news, and other public media about this case or key facts until the end of the trial.” The plaintiff argued that Musk’s continued public comments claiming that the “secured funding” tweet was accurate were likely to harm the jury.

They wrote that “Mask’s extensive pre-trial media interviews pose a clear and serious danger to a fair trial because they attract pre-trial publicity, poison the jury, and influence the outcome on the eve of the trial.”

Musk and Tesla settled with SEC

On August 7, 2018, Mask chirp, “I am considering taking a Tesla at $420. Funding secured.” The Securities and Exchange Commission (SEC) has sued the Tesla CEO over that tweet and others on the same subject, he claims that “Musk has not even discussed, let alone confirmed, the terms of the main deal, including the price, with any potential funding source.”

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Musk and Tesla quickly settled with the Securities and Exchange Commission, agreeing to pay $20 million in fines each to resolve the SEC’s complaint and enforce controls over Musk’s social media data. In the settlement announcementThe SEC said Musk’s “misleading tweets” about Tesla’s taking private caused the stock price to soar and “led to significant market turmoil.”

The shareholder suit represents people who bought or sold Tesla stock from August 7 to August 17, 2018 and he claims This musk “cause[ed] Billions of dollars in damage to Tesla investors” by making statements he knew were false.

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