Tag Archives: Elon Musk

DOCUMENTS: All the Depositions in the Tesla Shareholders Litigation case

[UPDATE (31 October 2019): We are now in the process of breaking out each of the individual depositions so you can just download whichever one you’re looking for instead of having to download the entire sets of depositions and then plow through 800 pages to get to what you want.]

Note by Iwpchi: Thanks to https://www.plainsite.org for obtaining and archiving these *very interesting* documents! They have a lot more if you’d like to learn more about the extent of the Tesla/SolarCity securities fraud case here:

https://www.plainsite.org/dockets/32atfyhh5/delaware-court-of-chancery/in-re-tesla-motors-inc-stockholder-litigation/

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Delaware Court of Chancery
Case No. 12711-VCS
In Re Tesla Motors, Inc. Stockholder Litigation

Document 328, Attachment 1

[Exhibits 1-7]

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Exhibit 1: Hayden Barnard (founder, Paramount Solar; former Chief Revenue Officer, SolarCity)

Tesla Shareholders Litigation_Deposition_Exhibit 1_Hayden Barnard

Relevant emails:

  1.  Tesla Shareholders Litigation_Emails_Exhibit 19_Hayden Barnard (TESLA 3404-3405)
  2. [Not located] (TESLA 412642)
  3. Tesla Shareholders Litigation_Emails_Exhibit 44_Hayden Barnard (TESLA 8245-8246)

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Exhibit 2: Gregory Bilicic (Investment banker, Lazard Freres & Co., hired by SolarCity to represent them in the negotiations with Tesla, who were interested in taking over SC)

Tesla Shareholders Litigation_Deposition_Exhibit 2_Gregory Bilicic

Relevant emails and documents:

  1.  [Exhibits 1-11 not located]
  2.  Exhibit 12:  Tesla Shareholders Litigation_Emails_Exhibit 81_TESLA 1882_Exhibit 12_Gregory Bilicic  (Exhibit 81 TESLA 1882)

[Note: It appears that most of these documents have been withheld at the request of Lazard (presumably because they contain information that pertains to Lazard’s own confidential institutional communications which are deemed not relevant to the pertinent legal issues in the Tesla Stockholders Litigation itself (too bad because they would undoubtedly be juicy indeed). It’s important to remember that this proceeding is held under the jurisdiction of the Delaware Chancery Court system; it’s not a regular criminal court proceeding, so the rules of evidence and discovery are presumably not the same as in the latter.  If these emails and documents are included with the materials published so far by PlainSite, we have not been able to locate them. – IWPCHI]

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Exhibit 3: Brad Buss (former CFO, SolarCity; former CFO, Board of Directors, Tesla)

Tesla Shareholders Litigation_Deposition_Exhibit 3_Brad Buss

Miscellaneous documents:

  1. Tesla Shareholders Litigation_Emails_Exhibit 73_TESLADIR 57808_Brad Buss (Brad Buss, “SolarCity Corporation Termination Certification”, 17 March 2016)

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Exhibit 4: Toby Corey (former Chief Revenue Officer, SolarCity)

Tesla Shareholders Litigation_Deposition_Exhibit 4_Toby Corey

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Exhibit 5: Robyn Denholm (Chairman, Tesla Board of Directors)

Tesla Shareholders Litigation_Deposition_Exhibit 5_Robyn Denholm

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Exhibit 6: Antonio Gracias (Lead Independent Director, Tesla Board of Directors)

Tesla Shareholders Litigation_Deposition_Exhibit 6_Antonio Gracias

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Exhibit 7: Donald R. Kendall, Jr. (Former member, Solar City Board of Directors)

Tesla Shareholders Litigation_Deposition_Exhibit 7_Donald Kendall Jr

 

Complete set in the original single document format from PlainSite:

Exhibits 1-7: Depositions of Brad Buss, Robyn Denholm et al

 

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Delaware Court of Chancery
Case No. 12711-VCS
In Re Tesla Motors, Inc. Stockholder Litigation
Document 328, Attachment 2

[Exhibits 8-14]

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Exhibit 8: Courtney McBean (Lawyer, in Charge of team from Evercore which had been hired by Tesla to advise/represent them on acquisition of Solar City)

Tesla Shareholders Litigation_Deposition_Exhibit 8_Courtney McBean

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Exhibit 9: Elon Musk Vol I (CEO, Tesla; CEO, CTO, SpaceX; co-founder, Chairman of Board, SolarCity) (Deposition given Saturday, June 1 2019)

Tesla Shareholders Litigation_Deposition_Exhibit 9_Elon Musk_Vol I

Relevant emails and documents:

  1.  Exhibit 1: Elon Musk SolarCity Shareholders Litigation Deposition Vol I, pg 18_Exhibit 1_detail 10-Q 30sep2016
  2.  Exhibit 2:

 

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Exhibit 9: Elon Musk Vol II (Deposition given Sat. Aug. 24, 2019)

Tesla Shareholders Litigation_Deposition_Exhibit 9_Elon Musk_Vol II

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Exhibit 10: Kimbal Musk (Elon Musk’s brother; Member, Board of Directors, Tesla)

Tesla Shareholders Litigation_Deposition_Exhibit 10_Kimbal Musk

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Exhibit 11: Lyndon Rive (Cousin of Elon and Kimbal Musk; co-founder, CEO of SolarCity)

Tesla Shareholders Litigation_Deposition_Exhibit 11_Lyndon Rive

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Exhibit 12: Tanguy Serra (former COO, President, and CFO of SolarCity)
Tesla Shareholders Litigation_Deposition_Exhibit 12_Tanguy Serra

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Exhibit 13: Ira Ehrenpreis

Tesla Shareholders Litigation_Deposition_Exhibit 13_Ira Ehrenpreis

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Exhibit 14: Jason Wheeler

Tesla Shareholders Litigation_Deposition_Exhibit 14_Jason Wheeler

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Complete set in the original single document format from PlainSite:

Exhibits 8-14: Depositions of Courtney McBean, Elon Musk et al

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Delaware Court of Chancery
Case No. 12711-VCS
In Re Tesla Motors, Inc. Stockholder Litigation
Document 338, Attachment 4

[Exhibit 75]

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Exhibit 75: Radford Small (CFO, SolarCity; VP of Global Capital Markets, Tesla)

Tesla Shareholders Litigation_Depositions_Exhibit 75_Radford Small

Book Review: “Ludicrous: The Unvarnished Story of Tesla Motors”, by Edward Niedermeyer

Book Review:

Ludicrous, by Edward Niedermeyer. It will not take you 14 days to read this book! Not speed-readers, we knocked it off quite enjoyably in a few hours.

★ ★ ★ ☆ ☆  Three Red Stars – Recommended

“Ludicrous: The Unvarnished Story of Tesla Motors”
by Edward Niedermeyer
Published 2019 by Ben Bella Books, Dallas TX
275 pages, Hardcover
Review by Iwpchi

We were pleased to see at our local library what – so far as we know – is the first critical look at Tesla Motors and its truly “ludicrous” billionaire “visionary genius(TM)”-in-chief Elon Musk.  Edward Niedermeyer’s new book is a brief overview of the trials and tribulations of Tesla Motors from its founding in 2003 by Martin Eberhard and Marc Tarpenning right up until 2018. Written in an easily-accessible journalistic prose, it’s a quick read – we knocked it off easily in a few hours without skipping through it and enjoyed every bit of it.  Unfortunately, for those of us who have been following the Tesla saga in real-time the past several years, the book has little that is new beyond what will be familiar to the thriving, well-informed and highly critical online #TSLAQ community.  For the Teslarati, who have been drinking the Kool-Aid spewing forth from Tesla’s well-organized and effective public relations office (via Reddit, Twitter, Tesla Motors Club and quasi-official Tesla fanzines like Electrek) the book will provide perhaps the first eye-opening glimpse of the grim reality behind the carefully stage-managed dog- and-pony-shows endlessly being presented to the public by Tesla and its P.T. Barnum-like con-man CEO Elon Musk.

Though the book is an entertaining read, it does have its shortcomings: first of all, it is not an exhaustive study of the company at all, either from an economics or any other standpoint.  Those books will undoubtedly be coming along later (we’re looking at you, Charley Grant lol!); this one is merely an introduction for the curious layman who wants a look behind the shaky walls and flimsy tents of Elon Musk’s Potemkin auto manufacturing debacle.  For instance: very little is said about the very poor and unsafe working conditions at Tesla’s various factories that were the direct result of billionaire Musk’s vast ignorance of and contempt for standard safety practices in modern manufacturing facilities.  Even the well-known and confirmed story that Musk would not allow the typical “safety yellow” paint to be used as warning markings for dangerous areas in his factories (which is the standard practice in factories throughout the USA and the world)  “because he doesn’t like the color yellow” was left out – and that’s just the tip of the iceberg.  The book also does not give us any hard data on the human cost of Musk’s disregard for safe workplace practices in terms of actual injuries and/or fatalities at his various manufacturing facilities – data that we imagine the United Auto Workers Union – busy trying to unionize Musk’s factories – would be only too happy to have provided.

We would also have liked to have seen a chapter on the other even more egregious examples of Musk’s much ballyhooed (and basically non-existent) “Visionary Genius(TM)”: his many silly projects and other corporate entities, like his asinine “Hyperloop” and his ridiculous “Boring Co.” boondoggle.  They’re mentioned, but only in passing.  Musk creates these phony companies and then promotes them in the manner of a classic American huckster whenever there is a need to distract the public from the latest torrent of bad publicity threatening to topple his rickety Rube Goldberg-like pyramid of financially co-dependent companies. To the general public, poorly-educated as it is by the vastly underfunded US capitalist public school system, these laughably improbable corporations and their idiotic and non-existent products – like Solar City’s fake “Solar Roof tiles” – seem like the products of a God-like visionary who thinks big and whose amazing scientific knowledge and engineering prowess will usher in the 22nd century 80 years early. To actual scientists and engineers, (and to us), all that Musk has demonstrated to the world is that he is – like almost all of his top capitalist class brethren – a personal-greed-motivated ass-clown who has *no* engineering experience or skills, a superficial understanding of basic scientific and engineering concepts (at best) and who just goes around making absurd shit up all the time – like his laughable, impractical and (at this time) technologically impossible plans to “colonize” and even “terraform” Mars.  Elon Musk is nothing but a con man who has erected one of the world’s greatest Ponzi schemes nakedly in front of the eviscerated US government agencies charged with enforcing laws against corporate fraud and the entire world; Musk’s bald stupidity when it comes to the brutal fundamental realities of basic capitalist economics will undoubtedly lead to the spectacular collapse of his cockamamie empire – including his one viable company, SpaceX.  Musk will probably walk away from the collapse of his empire with enough of his ill-gotten gains to maintain quite a luxurious lifestyle for the rest of his life; but the tens of thousands of workers whose hard labor under brutal conditions actually made him all his billions will be thrown out of work and their lives irreparably damaged because they had faith in this billionaire asshat to provide them and their families with long-term financial stability.  This we do not find to be the least bit amusing.  It is why we say that the capitalist system must be overthrown and replaced with a planned socialist economic system if the working class wants to be able to provide for their families for the long term – or even to survive at all, as the “visionary geniuses” of the capitalist class intend to replace as many workers with robots as possible the minute the technology comes available (which will begin to happen in earnest within our lifetimes).

Edward Niedermeyer was not out to bring down Elon Musk and his Chaplinesque car company when he wrote this book, although he tells us that as soon as he began writing critical articles about Tesla and Musk he came under a company-directed smear campaign orchestrated by Tesla and Musk (which is the standard operating procedure for that shameless “visionary genius(TM)” Musk and his co-conspirators). And his book fails to utilize all the currently available material that could bring Musk’s phony empire crashing down to Earth, or to develop any new material that is unknown to the well-informed #tslaq-ers. But for the general reader who has yet to explore the tawdry shucking-and-jiving going on behind the curtain at P.T. Musk’s sleazy corporate chicanery-factories, it will be a very informative and enjoyable read.

If the workers of the world want to find heroes, they need to look elsewhere than among the world’s greedhead capitalist classes, who are only out to rob the working classes of the world blind.  The heroes of the future who will save the workers from being phased-out entirely will either come from within the working class or they will not come at all.  Elon Musk is just the latest example of the tired cliche of the wealthy hero who so loves mankind that he utilizes all his wealth to bring about positive change for the entire human race.  That has always been a capitalist myth and will always be a capitalist myth; and it will continue to fool the gullible until the working class realizes that only we the workers ourselves have a vested interest in creating a better future for the entire human race.

– Iwpchi

Science: Canadian Wildfires Smoke Out Large Sections of North America

This past month a number of major fires have broken out in Alberta, Canada; these fires have grown to become among the largest wildfires ever observed in North America. The smoke from the fires is causing severe health crises in Edmonton, Alberta and in every location downwind of these fires, from Montana all the way to the east coast of the US and out into the Atlantic Ocean. If these streams of smoke haven’t already reached the coast of Europe and North Africa by now, they will by the end of this week.

Here in Chicago we were made aware of this awesome phenomenon over this past week due ironically to our attempts to observe the awful results of one of multi-billionaire Elon Musk’s vanity projects: the initial deployment of 60 highly-reflective communications satellites of a proposed 12,000 satellite network called #Starlink.

Initially we noticed unusually hazy skies as we attempted to observe Musk’s recently launched #SpaceX #Starlink satellite “train” that has aroused the anger of ourselves and professional and amateur astronomers all over the world. This is what the initial #Starlink launch of 60 satellites looked like before the smoke from the Alberta wildfires made observation of them all but impossible in the eastern 2/3rds of North America:

If we continue to allow billionaires to launch vanity projects like this for-profit-for-military-use-only 12,000-satellite #Starlink boondoggle, pretty soon no one on Earth will be able to enjoy a night under the stars without seeing the endless distractions of literally hundreds of satellites passing overhead every hour. Look at how badly a mere 60 of a planned 12,000 #Starlink satellites interfered with a simple observation of Mars:

So we set out to observe how bad the #Starlink satellites would interfere with astronomical observations over Chicago, completely unaware of the vast column of smoke from the Alberta wildfires that had been blown across North America and were concentrated right over Chicago on the night of May 30/31. Looking up into a cloudless sky that night we could only see Mars clearly; major constellations like Cassiopeia and Ursa Major were completely unidentifiable even with binoculars! The entire sky had a milky appearance that looked like fog; but when we tried to use binoculars to identify major northern constellations like Cassiopeia or Ursa Major we could clearly see only a handful of the brightest stars. Fog this was not. Nor was this phenomenon  caused by clouds. We initially attributed it to an unusually heavy form of the usual haze that forms over major cities like Chicago thanks to car and truck exhaust and which is then illuminated by the horrible lighting systems in major US cities that stream light up into the sky instead of down on the ground where it’s needed.

Smoke from the wildfires in Alberta (upper left corner of red circled area) were already seriously impacting states and cities far southeast of that Canadian province by 31 May 2019. Grey area encircled shows the extent and density of the smoke; Chicago is the red dot in center of circled area. Source: NOAA.gov Enhancement by IWPCHI

When we were unable to even see Cassiopeia or Ursa Major on a clear, moonless night we knew something else was happening. The milky white appearance of the midnight and even post-midnight sky when satellite imagery showed little if any cloud cover over Chicago led us to search for the cause. We soon found out about the Alberta fires.

These photos taken from Des Plaines, IL show how profoundly the smoke from these fires in Alberta have been impacting the Chicago area.

Barely visible jet contrail over Des Plaines, IL_dusk, 31May2019. Photo by IWPCHI

31may2019 Clear sky over Des Plaines, IL looks cloudy due to smoke from Alberta, CA wildfires. Photo by IWPCHI

Sunset as viewed from Des Plaines, IL 31may2019 The only clouds were over far NW IL at least 85 miles away when this photo was taken. Photo by IWPCHI

Smoke density analysis by NOAA 31may2019_selection is right over Chicago, IL

Tonight, June 1st I observed one of the most astounding phenomena I’ve ever seen: a rainstorm was passing over Des Plaines heading north as the sun was setting in the west and coming out from behind a cloud bank 25-30 degrees above the horizon – a perfect setting for a rainbow in the east. But there was no rainbow because due to the intense scattering of light from the Sun caused by the heavy smoke over the Chicago area, even though there were no clouds obstructing the sunshine the diffusion of the sunlight prevented even a partial rainbow from forming! The shadows cast by the direct sunlight through very light rain showers reminded me of the kind of light given off by the Sun during an annular eclipse.

Direct sunlight so weakened by dense smoke from Alberta wildfires it can barely cast shadows and can’t create rainbow under optimal conditions_1 Photo by IWPCHI

1 June 2019, Des Plaines IL – Direct sunlight unable to cast sharp shadow on wall due to dense smoke from Alberta, Canada wildfires. Photo by IWPCHI

At the present time it is impossible to even observe the night sky over Chicago because of the dense smoke from the wildfires in Alberta, Canada – approximately 1800 miles away! That’s a huge fire!

We won’t be able to make an observation of Elon Musk’s Starlink vanity project until these wildfires are extinguished and the smoke clears out of our skies. In our estimation, it will be at least a week to two weeks before this occurs.

—IWPCHI