Judge denies motion by Stormy Daniels' attorney to depose Trump, Cohen

[NCTraveler]

In his decision, Otero admonished the parties, writing that "instant litigation is not the most important matter on the court's docket." He also vacated a hearing date previously set for April 30.

https://www.cnn.com/2018/03/29/politics/michael-avenatti-stormy-daniels-donald-trump/index.html

[SoCalMusicLover]

1. I'm Shocked!

But Stormy's attorney was so sure his little trap would work. Guess not. Forgot who he was dealing with. The great & all powerful.

[CincyDem]

2. I think what the ruling said "you can't do this until they file to remove the case to arbitration"

So, until Trump files to have the main case moved from a federal court to arbitration, this action is premature. The judge also said you can refile if that arbitration request is filed.

Feels more like just another part of the tightening vise. If trump leaves the case in federal court, he likely gets deposed. If trump files to move back to arbitration, this gets refiled and he likely gets deposed.

Key commonality..."likely gets deposed".

For me know, this is a when not if question so I'm not sure the little trap hasn't worked...it just hasn't worked yet.

[EffieBlack]

3. Exactly

This had nothing to do with the merits of the case, it was purely procedural.

Of course, the Trump team is so desperate for a win, any kind of win, I'm sure they'll spin this as a major courtroom victory.

[jberryhill]

4. Agreed

Being able to count things is certainly procedural:

"The Court notes that the Motion exceeds the page limit set forth in the Court's Initial Standing Order. (See Initial Standing Order ¶ 24, ECF No. 11.) The parties are advised to carefully review the Initial Standing Order and the local rules of this Court."

As all good lawyers know, exceeding the ordered page limit is a good way to get the judge to read additional argument. Even if the judge dings you for violating the page limit rule, they can't unread it. Experienced litigators ignore Standing Orders all of the time.

The judge also gave a pretty good preview of how a renewed and ripe motion will be treated:

3 The parties are advised that the instant litigation is not the most important matter on the Court's docket. Requests for expedited proceedings, hearings, and discovery not clearly supported by the record and law are discouraged.

The judge is just teasing there. The court will be happy to entertain motions for expedited procedures as soon as they are ripe. Judges do that all of the time.

I mean, Avenatti is on television EVERY NIGHT! How can this not be the most important matter on the docket? Amirite?

[EffieBlack]

5. Yes, yes, we know already. You think Avenatti is a hack and you know much more than he does

about he should handle his case.

Got it.

Maybe you can get in touch with him and offer to serve as his co-counsel ...

[jberryhill]

6. I did not say he is a hack

He performs very well on television.

Other than his having been co-counsel on a variety of high dollar cases, I don't know enough to make a general assessment of him as a lead litigator. As is the norm in the profession, going by his firm's website, they never lose. I've never seen a law firm website which suggested the firm ever loses anything.

The document properties - which were failed to be removed - from the .pdf of his motion identify someone else as the author. Perhaps that person should learn to count pages.

Knowing the page limit applicable to a motion is pretty basic. Clearly he's above all that.

He lost a motion with nobody even arguing against him. He is trying to spin the court's verbatim quotation of the FAA as some sort of great victory.

In footnote 3, the court pretty much says that it's not going to look on a renewed motion of this type kindly.

I don't drink anybody's Kool Aid. I certainly don't drink the Trump brand, and I don't see what makes Avenatti's brand any better.

I realize the trend here on DU is that anyone fighting against someone awful must therefore be wonderful. For bi-polar personality types that sort of discernment is normal. I don't buy into it, regardless of how slick their PR effort is.

And then, per usual:

Maybe you can get in touch with him and offer to serve as his co-counsel

Did I make some sort of comment about you personally? Is it possible for you to discuss a topic without engaging in that sort of thing?

I support Common Cause's efforts to pursue the campaign finance violations involved - which they've been on since January. The Board of Common Cause includes women and persons of color, so I can understand how a white guy who is good on TV is a much more interesting hero.

[jberryhill]

7. I admit I never drove a firm into bankruptcy....

All those multi-million dollar judgments he goes on about....


https://www.lexisnexis.com/legalnewsroom/florida/b/newsheadlines/archive/2017/04/21/fla-judge-sends-eagan-avenatti-bankruptcy-to-calif.aspx?Redirected=true

Law360, Miami (April 21, 2017, 5:03 PM EDT) -- A Florida bankruptcy judge on Friday granted a U.S. trustee's request to move the involuntary Chapter 11 case of class action law firm Eagan Avenatti LLP to California, where the firm, its owners and creditors are based.


But it seems that he just came into some good fortune very recently:

https://www.law360.com/articles/1023444/judge-oks-eagan-avenatti-s-exit-from-ch-11


Judge OKs Eagan Avenatti's Exit From Ch. 11


By Carolina Bolado
Law360 (March 19, 2018, 9:09 PM EDT) -- A California bankruptcy judge has approved a settlement ending the bankruptcy of defunct class action law firm Eagan Avenatti LLP — owned by the attorney representing Stormy Daniels in her legal battle against President Donald Trump — that allows a former partner to collect $4.85 million to resolve his claims of allegedly unpaid fees.

So, no, I won't be joining him as co-counsel. Like his former partner, I like to get paid.

[LanternWaste]

8. The important thing is to always pat oneself on the back at the expense of another.

The important thing is to always pat oneself on the back at the expense of another. Almost as important is to rationalize doing so as something completely different.

[jberryhill]

9. The "other" here being Common Cause

Common Cause, which is an organization run by an inclusive board of women and persons of color, has been pursuing the campaign finance violations with the DoJ and the FEC since January of this year.

It has gotten ZERO attention at DU.

They don't look as good on TV.

Avenatti stiffing his former partner and then having it dragged out in bankruptcy proceedings is positively Trumpian.

In Grifter v. Grifter, I don't find it compelling to take sides.