As Bloomberg Law reports, Katz is now boldly asking for the lawsuit to be thrown out, saying his email was too "goofy" to be believed.
As a refresher, the email from Katz to Wheeler read:
why you so cautious w Q3/4 gm guidance on call? also what are your thoughts on disclosing M3 res#? Pros/cons from ir pov? what is your best guess as to where we actually come in on q3/4 deliverables. honest guess? no bs. thx 4 hard work prepping 4 today
"Nobody who received this preposterous and grammatically deficient e-mail ever believed that it really came from Elon Musk," Katz contends in his filing. "Despite the fact that Tesla had posted significant losses for sixteen straight quarters, it has elected to spend its investors' funds to pursue this petty, ill-conceived lawsuit." Harsh. He also accuses Tesla of hacking his twitter account "in order to illegally obtain and use information to identify Katz, publicly embarrass and silence him, and discourage other critics."
Tesla got it's own dig in, too, though. "The oil executive Todd Katz is perfectly capable of embarrassing himself with no help from Tesla," the company tells Bloomberg.
While it'd be presumptive to say how the California state judge will respond to Katz's request, it's not unimaginable that perhaps in a couple more months, Katz will also claim that his attempt to have the case thrown out was also too goofy to be believed.