The trial of Tesla boss Elon Musk for withdrawing from the planned multi-billion dollar Twitter takeover is scheduled for October. The responsible judge Kathaleen McCormick in the US state of Delaware announced the appointment on Tuesday. McCormick said Twitter deserves a quick fix in the face of uncertainty.

The appointment is a setback for Musk, who wanted to delay the legal battle until February. Musk’s lawyers wanted to collect information until then. Twitter, on the other hand, had pleaded for September. According to the court, the trial will take five days.

Twitter sued Musk last week for withdrawing from the planned multi-billion dollar merger. The US short message service asked the court to force the billionaire to go through with the takeover at the agreed price of $54.20 per Twitter share.

Musk had previously declared that he would scrap the $44 billion Twitter takeover that had actually been agreed. Such a step had been speculated for weeks. As a reason, Musk said Twitter had broken several points of the takeover agreement.

Twitter shares were trading at $39.90 on Tuesday, almost four percent higher than on Monday.