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The actual complaint includes a few tweets by Musk warning shorts to get out within a specific timeframe.

• rcMgD2BwE72F 8y ago
  So they were warned of possible actions that might cost them, like going private. Damn if you do, damn if you don't.
  • deleted 8y ago
    [deleted]
  • village-idiot 8y ago
    Yeah, but he wasn’t actually going private. He did not follow any procedure to do that (casual talks without firm agreements don’t count). What it does do is establish a plausible motive for stock manipulation, which is a problem for a jury trial.