The Delaware Chancery Court judge presiding over the legal battle between Elon Musk and Twitter Inc. is pressing ahead with trial preparations despite Mr. Musk saying he would proceed with the takeover he had aimed to abandon.
Chancellor Kathaleen McCormick ordered Mr. Musk’s team Wednesday to search for more possible text messages and other information requested by Twitter as the two sides prepare for a five-day, nonjury trial scheduled to start Oct. 17 in Wilmington, Del., over the stalled $44 billion deal. She said neither party had moved to stop the litigation.
Separately, Twitter and Mr. Musk are continuing talks about closing the deal and hope to have an agreement soon, possibly as soon as later today, according to a person familiar with the matter.
“The parties have not filed a stipulation to stay this action, nor has any party moved for a stay,” the judge wrote Wednesday. “I, therefore, continue to press on toward our trial set to begin on October 17.” In the decision addressing several unresolved requests from Twitter, Chancellor McCormick suggested Mr. Musk’s team likely let some encrypted communications disappear and thus they would be unavailable.
