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The #Cohen ex parte application for a #gag order of #Avenatti - beyond being legally weak and conclusory - is in blatant violation of the court’s case law regarding such applications. It contains no reasoning why ex parte relief is required. See Local Rule 7-19. 1/2
See Mission Power Eng. Co. v. Continental Cas. Co. (C.D. Cal. 1995) (noting that such motions are used abusively and are “rarely justified.”) They require specific procedures (not followed by Cohen) & are for when the normal notice process would result in irreparable harm. 2/
Further, the moving party must show they aren’t at fault in creating the need for ex parte relief. Here, #Avenatti has been vocal for months. #Cohen and his goober lawyer fail to explain why they waited this long to file instead of bringing a noticed motion. 3/
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