A Delaware judge on Thursday granted Elon Musk’s request to stay an upcoming trial with Twitter, giving him until Oct. 28 to close a $44 billion merger deal with the company.


Kathaleen McCormick, the head of the Delaware Chancery Court, ruled that if the merger agreement is not closed by Oct. 28, she would issue a notice of a trial date in November.


On Thursday, Musk’s attorneys filed a motion for a stay on the upcoming trial, saying it was now an “enormous waste of party and judicial resources” since he says he will go through with his agreement to purchase the company.


Twitter’s attorneys also filed on Thursday opposing Musk’s motion, arguing he has not agreed to a closing date and the company is “entitled to its day in court.”


The attorneys said Musk has “pursued increasingly implausible claims” and has long sought to delay the trial.