I read the first several pages. Here's a key paragraph from it:
"In May 2017, when Defendants stated that the Company was “on track” to meet its mass production goal, as production on a fully automated production line was supposed to be ready to begin, and in August 2017, when production on a fully automated production line was supposed to have already begun a month earlier and Model 3s were supposed to be coming off the line, according to a number of former employees the Company had not yet finished building its automated production lines in either Fremont or Nevada. Tesla was neither ramping up mass production, nor “on track” to mass produce Model 3s at any time on or around the end of 2017. 15. In fact, all of Defendants’ statements regarding progress that the Company had achieved in both Fremont and at the Gigafactory, and the statements they based on these affirmative declarations of actual progress in Model 3 mass production, were false."
IMO, there are some stretch arguments made by the attorneys. However, it does seem at least possible they can prove that Elon and management were not truthful in May and August 2017 when they stated that Tesla was "on track" for mass producing the model 3 by the end of 2017. The lines had not been installed when they were supposed to be, and were not up and running even by July. They appeared to be well behind schedule and did not appear to be "on track." It seems to me it was quite a stretch for Elon to say that they were in fact "on track" at those points. IMO, that was misleading for investors. Of course, he may have felt that they still had a slight chance of getting things rolling by the end of 2017, even if that wasn't actually possible, as is obvious in hindsight.
I'm not a lawyer and I don't know how difficult it will be to prove those charges or what that would mean if they were able to prove those things. I do know that I felt confused during that period. Elon was very clear about being in production hell, but that's also different than being behind with installing manufacturing equipment. In hindsight, knowing what we know, Elon could have been more transparent about being behind schedule, rather than continuing to confirm guidance of 5,000 model 3 by the end of 2017. I'm also not a manufacturing expert, so I don't know when it becomes obvious that a stated goal is totally unrealistic. It seems that's an important consideration. Given the weight of the entities seriously investigating this stuff, as well as the lawsuits, I think it's a mistake not to assign some significant risk to this. I don't know what the risk is, but it's not zero. If the SEC or DOJ do initiate lawsuits over it, the SP will suffer greatly.