In a reply filed on Friday to Twitter's lawsuit, Elon Musk's legal team is pushing back on the company's attempt to have a quick September trial.

• Tesla's CEO is asking instead that it take place in February, per media reports.

Why it matters: Twitter appears intent on getting this sorted out as soon as possible, but Musk wants to have more time for discovery — presumably for a better shot at building his case.

• According to a summary of the filing reviewed by the New York Times, Musk accused Twitter of "delays" and "evasive answers" on the question of how many spam bots were active on the site.
• That issue lies at the heart of his stated refusal to pursue the deal. To date, Musk has not been satisfied with the information Twitter has provided.

What's next: A Delaware Chancery judge will hear arguments on Tuesday morning from both sides in the case, according to a court filing.

Meanwhile: Also on Friday, Twitter's board urged shareholders to approve Musk's acquisition of the company, per a new SEC filing.

Editor's note: This is a breaking news story. Please check back for updates.