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Old 06-11-2009, 05:43 AM   #11
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If I'm advising Tesla, without reading the Complaint, I seriously contemplate making a settlement offer to Martin--I'd suspect money is not a main objective in this lawsuit (which is extremely unusual as Martin would only injure his baby because Tesla would likely have to indemnify Elon for all actions made on the Company's behalf). Point is, they let him back in, in some capacity. Put him in charge of Tesla ad-ons (his little charger) or some other division, or whatever... Something to kill this before...
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Old 06-11-2009, 06:01 AM   #12
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After you read it you'll see, something like that is not to be expected as long as Elon is The Boss.
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Old 06-11-2009, 07:24 AM   #13
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What took him so long? Wanted to make sure Tesla had the cash first? Wait til they seemed to be on the rise? Wait til he got his own Roadster? Who knows.

I'm not privy to the details behind all of this, but it does kind of read like "I got what I wanted out of this (roadster), now Tesla can go f*ck itself!".

Slap to those of us hoping Tesla does well, but I'm sure he feels it's justified.

Last edited by doug; 06-11-2009 at 11:12 AM.. Reason: had a complaint about language (also fixed privvy to privy)
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Old 06-11-2009, 07:26 AM   #14
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All we know is we're just proud Eberhard quotes former-Valleywag Owen Thomas in his court filing. Gotta love the V-wag love! (Hat tip to Owen!)
Shh.. nobody tell them they spelled California wrong
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Old 06-11-2009, 07:33 AM   #15
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At this point of the case, it's a matter of throwing stuff against the wall and hoping it will stick. I will wait until they file the Amended Complaint(s) to start seeing what are the actual strong allegations.
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Old 06-11-2009, 08:24 AM   #16
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They say all news is good news... I just hope that the financial impact isn't as damaging as the Fisker incident.
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Old 06-11-2009, 08:38 AM   #17
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At this point of the case, it's a matter of throwing stuff against the wall and hoping it will stick. I will wait until they file the Amended Complaint(s) to start seeing what are the actual strong allegations.
Yeah, I agree. There are some issues that may well come back to haunt Eberhard:

1) He tried taking on Musk through a kind of publicity battle using teslafounders.com. That sort of thing could sully his case.

2) He accepted his Roadster even after it was crashed, and did so knowing that he could have received a non-crashed one.

On the other hand, it will be interesting to see what sort of remedy is available, if he wins, for not receiving the second Roadster. And I'll be curious to see if what Musk has said rises to the level of libel.
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Old 06-11-2009, 09:26 AM   #18
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Random comments and comments on comments.

As to "Why now?" I noted (pg8 line 26) that May 31 2009 was the date Martin was to have medical end and receive stock options. That was 2 weeks ago.

Martin's salary was $200K and he paid full $100K price for his Roadster -half his income.

Martin (and more his wife Carolyn) had been trying to tell the Founder's story for a while now. Another reason to do this lawsuit is to get it in the public record. Any history written on the company will now have this detailed legal (sworn?) record of the company's genesis and much harder to ignore.

PG 14 lists an astonishing amount of articles that TMC has missed. I bet we have more in these pages that could be added.

Bottom of page 28 says talks about Martin trying to find work and will have a hard time raising money for new startups. That would be a good reason to get get this resolved

pg 22 say his car still has old frive train. We have noted and shown in pictures on these TMC pages that Martin's car has been in the MP shop more than would be expected of a new vehicle. And that his car still has all old drivetrain parts is stunning.

Why the stuff about Elon's schooling? Speaks to character?

This does not even seem to be about money, sure, money owed, but not money outside of that, in a previous case, Fisker did not do so bad.
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Old 06-11-2009, 10:06 AM   #19
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Any history written on the company will now have this detailed legal (sworn?) record of the company's genesis and much harder to ignore.
No, this isn't a sworn record. It's just a list of allegations, some of which may be true and some of which may not be true. As Eberhard's attorneys learn more, they will modify the list of allegations.

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Old 06-11-2009, 10:09 AM   #20
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No, this isn't a sworn record. It's just a list of allegations, some of which may be true and some of which may not be true.
That's why I asked, not being a lawyer, I don't know by making a legal document it automatically makes it sworn testimony ("true" or not)
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