Twitter, Inc. v. Musk

• Decision Date: 30 September 2022
• Docket Number: C. A. 2022-0613-KSJM
• Parties: TWITTER, INC., Plaintiff, v. ELON R. MUSK, X HOLDINGS I, INC., and X HOLDINGS II, INC., Defendants.
• Court: Court of Chancery of Delaware

TWITTER, INC., Plaintiff,
v.
ELON R. MUSK, X HOLDINGS I, INC., and X HOLDINGS II, INC., Defendants.

C. A. No. 2022-0613-KSJM

Court of Chancery of Delaware

September 30, 2022

ORDER APPOINTING SPECIAL DISCOVERY MASTER TO CONSIDER PLAINTIFF'S AND DEFENDANTS' DISCOVERY MOTIONS

KATHALEEN ST. J. MCCORMICK CHANCELLOR

1. Plaintiff Twitter, Inc. ("Plaintiff") and Defendants Elon R. Musk, X Holdings I, Inc., and X Holdings II, Inc. (collectively, "Defendants") have each filed discovery motions challenging the other side's assertion of privilege over discovery materials. Defendant's Sixth Discovery Motion seeks to compel the production of documents over which Plaintiff asserted the attorney-client privilege.^[1] Plaintiff's Sixth Discovery Motion seeks to compel the production of documents over which Defendants asserted work product protection.^[2] These two motions are collectively referred to as the "Discovery Motions."

2. The Honorable Christopher Sontchi of Delaware ADR, LLC is hereby appointed special discovery master (the "Special Discovery Master") with the charge of

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reviewing the Discovery Motions, and facilitating a resolution or making a recommendation in the form of a report as to their resolution.

3. The Special Discovery Master shall file in this court a written acceptance of this appointment, and the appointment shall be effective upon the filing of the acceptance. The Special Discovery Master shall serve at the pleasure of the court, and the provisions of this order shall remain in effect pending further order of the court.

4. The Special Discovery Master has all powers and authority necessary to fulfill the charge set forth in this order. Included within this grant of authority are the powers to communicate with the parties jointly or separately, require the parties to provide information, and consult with the court without the participation of the parties.

5. With respect to Defendants' Sixth Discovery Motion, the Special Discovery Master will review in camera a sample of redacted or withheld documents selected by Defendants.

a. The number of documents in that sample shall be 200, unless the Special Discovery Master establishes a different scope of in camera inspection.

b. The black letter law governing the Special Discovery Master's review is uncontroversial. Under Delaware law, "the attorney/client privilege 'protects the communications between a client and an attorney acting in his professional capacity where the...