COURT OF CHANCERY

OF THE

STATE OF DELAWARE

KATHALEEN ST. JUDE MCCORMICK

CHANCELLOR

LEONARD L. WILLIAMS JUSTICE CENTER

500 N. KING STREET, SUITE 11400

WILMINGTON, DELAWARE 19801-3734

September 2, 2022

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

920 N. King Street, 7th Floor

P.O. Box 636

Wilmington, DE 19899-0636

Re: Twitter, Inc. v. Elon R. Musk et al.,

C.A. No. 2022-0613-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 

close 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. 2022-0613-KSJM

September 2, 2022

Page 2 of 3

requested Slack Messages data to Defendants pursuant to a modified “quick peek” 

arrangement.

2

 

Here is why I make this proposal: Although 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 Defendants. 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 two 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 Defendants.

As modifications to the typical quick-peek 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 faith, are responsive to their discovery requests (the “Responsive 

2 For the uninitiated, a quick-peek arrangement is a tool used in this court 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. 2022-0613-KSJM

September 2, 2022

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)