X Corp. and xAI LLC must turn over some email accounts controlled by its high-level executives and owner
“Because there is reason to believe Musk may be conducting X and/or xAI business on his SpaceX and Tesla business email accounts, the emails are discoverable and should be produced,” Judge Mark T. Pittman of the US District Court for the Northern District of Texas ruled Tuesday.
Pittman affirmed a recommendation by a magistrate judge who determined that “responsive documents in Musk’s emails at Tesla and SpaceX and his other text and XChat accounts should be produced to the extent they relate to the claims and defenses at issue in this case.”
These “pieces of evidence coupled with Musk’s ownership and high-level roles in these companies compel the Court to this holding,” Pittman said.
The ruling is the latest development in X and xAI’s multi-billion-dollar lawsuit alleging that Apple’s integration of OpenAI into the iPhone’s operating system inhibits rivalry and innovation within the artificial intelligence industry.
Last month, Musk lost his case against Sam Altman and OpenAI over the company’s shift into a for-profit business.
In the dispute against Apple and OpenAI, Pittman said there are “specific reasons to believe Musk may be Plaintiff’s conducting business on his other email accounts. For example, xAI’s CFO sent xAI financial updates to Musk’s SpaceX email address. That alone is sufficient to compel discovery here because X and xAI have the right to obtain documents when a CEO uses non-company email accounts to conduct company business—whether those are personal email accounts or not is not dispositive.”
There is also evidence that Musk told an Apple executive that he could communicate with him at his Tesla and SpaceX accounts to discuss “an update on X about the election, advertising, etc.,” “an overview of xAI in terms of model/product goals, infrastructure overview,” and “views on AI.” There are also text messages from Musk that include his Tesla email as a recipient, the opinion said.
Pittman draw a comparison with Musk v. Altman over a similar discovery issue, where the court ordered Musk to turn over material from those same email accounts even though Musk and xAI were the plaintiffs. Considering the “unique relationship” Musk has with these companies as owner and executive and the evidence that he may have been conducting business on those accounts, “the Court deems it appropriate” to order X and xAI to produce these documents.
“While it is relevant that the accounts are named after and purportedly used for different corporate entities, that difference cannot serve as a shield,” Pittman said.
Stone Hilton PLLC and Axinn Veltrop & Harkrider LLP represent X and xAI. Covington & Burling LLP and Kelly Hart & Hallman LLP represent Apple. Lynn Pinker Hurst Schwegmann LLP, Wachtell, Lipton, Rosen & Katz, and Cantey Hanger LLP represent OpenAI.
The case is X, Corp. v. OpenAI, Inc., N.D. Tex., No. 4:25-cv-00914, 6/2/26.
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