I love how Avenatti uses social media to immediately tear down the defenses of the liars before their lies take hold.

The passage above is simply a verbatim quote from the Federal Arbitration Act.

The actual court ruling is a denial of Avenatti's motion, stating that he failed to follow several rules:

1 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.

2 Cohen, who was added as a party to the FAC on March 26, 2018, has not yet been served in the action, and must be properly served under Rule 4 of the Federal Rules of Civil Procedure. See Fed. R. Civ. Proc. 4.

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.


Given that Plaintiff has failed to follow certain of the Court's procedural requirements that would trigger a responsive pleading deadline for the defendants, and that such a responsive pleading may answer a number of questions raised by Plaintiff's Motion, the Court declines to prematurely address these issues.

Apparently, the judge is not impressed with litigation by media.

"They also destroy David Schwartz's claims that the motion was without merit."

The court denied Avenatti's motion.


For the foregoing reasons, the Court DENIES without prejudice Plaintiff Stephanie Clifford's Motion for Expedited Jury Trial Pursuant to Section 4 of the Federal Arbitration Act, and for Limited Expedited Discovery. The Court further ORDERS Plaintiff to file the required proofs or certificates of service for the FAC within fourteen (14) days of the date of this Order. Defendants Essential Consultants, LLC and Donald J. Trump must file responsive pleadings within fourteen (14) days of the date service is accomplished, and Defendant Michael Cohen must file a responsive pleading within twenty-one (21) days of the date service is accomplished.

As a layman with a lot of contract experience, what strikes me most about this ruling are two things.

First, as you pointed out in other threads, Mr. Avenatti (more likely, his associates) made fundamental errors in his motion. To whit, he went out of turn and he failed to follow the court's filing procedures, (the motion was too many pages?! Really?!)

Secondly, the ruling is "without prejudice" so Mr. Avenatti retains the right to refile the motion when it's his turn.

Your criticisms of Mr. Avenatti have been harsh but you've backed them up, at least to this layman's understanding. I'm curious, however, of your thoughts and perspective on Stormy Daniels' claims and case. With the obvious caveat that you only know what has been in the press, does she have what you consider to be a legitimate claim? Will Mr. Avenatti eventually get the chance to depose Trump and Cohen? Will the agreement be invalidated if Cohen negotiated it without Trump's knowledge?

Thanks, in advance.

I was watching Jerry Springer the other night and they had this guy on who was breaking up with his wife because he wanted to go out with some woman he'd been flirting with on Tinder, and I felt bad for her. Then, his wife told him that she was already sleeping with his cousin anyway, and he found out the woman he was dropping her for was really a guy who was ALSO sleeping with his cousin!

I've been thinking about that one for a couple of days wondering "Gee, whose side am I on in that one?" Which one of those folks is the winner?

The other thing that gets me about the Jerry Springer Show is this. If you are invited to appear on the Jerry Springer Show, and you don't know why, then should you really accept the invitation? Like, obviously, if you haven't been up to no good, then the only thing you are going to find out that someone around you has. I guess a free trip and a night in a hotel room is good enough compensation for being part of a public spectacle for some folks. But it gets me that these people all volunteer to go on that program.

There are many lawyers in this country who are motivated by justice and fighting for worthy causes. None will be appearing in this circus. Common Cause has been working the campaign finance angle on this for months.

I'm sure once the other side starts filing stuff, there will be no shortage of comedy gold.

Mr. Avenatti and his client will both be just fine. There is no need to worry that my words might harm them.

I like Star Trek, but I'm not going to buy into spacecraft making whooshing noises as they pass by no matter how cool it sounds, and I reserve the right to point that out. So where Avenatti claims the contract about sex in Tahoe is void because adultery is a misdemeanor in New York, I'm not going to contain my amusement at the "duh" factor of that on its face.

Yes, we will learn without a doubt that Trump is a philanderer, and that this guy:



Is quite possibly the scummiest organism to disgrace the earth since the pre-Cambrian period.

How about a twist - Let's say that a dispute breaks out between Trump and Cohen over this, and Trump sues Cohen for malpractice. Who do you want to win that one?

Well done and thanks. Enjoy your evening.