Twitter recorded the first win in its legal battle with Elon Musk. The two parties are headed to court in Delaware over their $44 billion deal to sell the social media company to Musk, the billionaire CEO of Tesla and SpaceX.

Delaware chancellor Kathaleen St. Jude McCormick ruled on today that the case will have a five-day trial in October. That’s much closer to Twitter’s motion for an expedited trial than Musk’s request for it to start next year.