### COURT OF CHANCERY OF THE STATE OF DELAWARE K

ATHALEEN S T

. J UDE M C C ORMICK C HANCELLOR L EONARD L. W ILLIAMS J USTICE C ENTER 500 N. K ING S TREET , S UITE 11400 W ILMINGTON , D ELAWARE 19801

- 3734
September 2 , 202 2
Peter J. Walsh, Jr., Esquire Kevin R. Shannon, Esquire Christopher N. Kelly, Esquire Mathew A. Golden, Esquire Callan R. Jackson, Esquire Potter Anderson & Corroon LLP 1313 North Market Street Hercules Plaza , 6th Floor Wilmington, DE 19801
Brad D. Sorrels, Esquire Wilson Sonsini Goodrich & Rosati, P.C. 222 Delaware Avenue, Suite 800 Wilmington, DE 19801 Edward B. Micheletti , Esquire Lauren N. Rosenello, Esquire Skadden, Arps, Slate, Meagher & Flom LLP 9 20 N. King Street, 7th Floor P.O. Box 636 Wilmington, DE 198 99

- 0636

Re: Twitter, Inc. v. Elon R. Musk et al.
, C.A. No. 20 22

- 0613

- KSJM

Dear Counsel:
Defendants Elon R. Musk, X Holdings I, Inc., and X Holding II, Inc. (collectively
“Defendants”), are granted leave to submit a Reply In Further Support Of Their Motion To

Compel Production Of Slack Messages (Defendant’s “ Fourth Discovery Motion”) by the

cl ose of business today

. 1

The parties should also be prepared to discuss, during oral argument on Tuesday,
September 6, 2022, whether Twitter, Inc. (“Plaintiff”) would be willing to submit the

1 C.A. No. 2022

- 0613

- KSJM
, Docket (“Dkt.”) 264; see also Dkt. 319 (Pl.’s Opposition To Defs.’ Fourth Disc. Mot.); Dkt. 335 (Defs.’ Mot. For Leave To Submit A Reply); Dkt. 340 (Pl.’s Opposition to Defs.’ Mot. For Leave To Submit A Reply).C.A. No. 2 0 22

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- KSJM September 2 , 202 2 Page 2 of 3
requested Slack Messages data to D efendan t s pursuant to a modified “ q uick p eek ”

arrangement

. 2

Here is why I make this proposal: A lthough I made clear early on that discovery
would be bilateral, Plaintiff’s discovery efforts and the corresponding burdens have been
far greater than those of Defen dants. Plaintiff has produced documents from 42 custodians
in addition to being ordered to create the “ historical snapshot ” that was the subject of
Defendants’ Second Discovery Motion. 3 Defendants have had it much easier, producing

documents from only t wo custodians. Given the lopsided nature of discovery efforts to

date, and the added burden that producing Slack Messages from additional custodians
would impose on Plaintiff, it seems reasonable to shift some of the burden of Defendants’

request to Defen dants.

As modifications to the typical q uick

- p eek arrangement , I suggest that : the data be
provided on an attorneys’

- eyes

- only basis to Defendants for a limited duration (maybe five

days) ; Defendants ’ counsel review the data and identify those Slack Messages that they
believe, in good fait h, are responsive to their discovery requests (the “Responsive

2 For the uninitiated, a quick

- peek arrangement is a tool used in this cou rt to allow a litigant to produce raw data to an opposing party without waiving privilege or any other rights as to that data. Usually, quick peeks come in the form of an stipulation , where the parties agree that the production of the raw data does not constitute a waiver any rights in connection with that data. In this case, I would enter an order making clear that I would not view the act of production as giving rise to waiver

. 3 See Dkt. 247 (Letter Decision ordering Plaintiff to product the 9,000 accounts reviewed in connection with Plaintiff’s Q4 2021 audit, which the parties refer to as the “historical shapshot”).C.A. No. 2 0 22

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- KSJM September 2 , 202 2 Page 3 of 3
Messages”) ; Defendants propose redactions to the Responsive Messages for Plaintiff’s

review ; and Defendants destroy or return any data other than the Responsive Messages on

a date certain

. I have not yet determined to order a quick

- peek arrangement or what I will do in the
event the parties do not agree to one. I look forward to hearing the parties’ positions as to
this proposal during the September 6, 2022 hearing.
Sincerely,

/s/ Kathaleen St. Jude McCormick

Kathaleen St. Jude McCormick Chancellor

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