James (The Dude Abides) Moo Profile picture
Jun 15, 2018 10 tweets 4 min read Read on X
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/
In addition, Judge Otero is a stickler for rule adherence & has his own very specific standing order. In Section 30 therein, he cites Mission Power and states that “ex parte applications are solely for extraordinary relief and are discouraged... Strictly comply with LR 7-19.” 4/
Mission Power is pretty damn clear about the procedure that must be followed and the substantive showing that must be made. The court stated: “The judge drops everything except other urgent matters to study the papers. It is assumed that tomatoes are about to spoil or the ... 5/
.. yacht is about to leave the jurisdiction and that all will be lost unless immediate action is taken. Other litigants are relegated to a second priority... It is rare that a lawyer’s credibility is more on the line, more vulnerable, than when he has created this kind of ... 6/
...interruption. Lawyers must understand that filing an ex parte motion ... is the forensic equivalent of standing in a crowded theatre and shouting “Fire!” There had better be a fire.”

Cohen and his goober lawyer have made no effort to show there is a fire. They don’t even 7/
discuss the standards set forth in Mission Power or give lip service to the requirement of good cause for such extraordinary relief - here, implicating constitutional rights.

I suspect Judge Otero (or his fine clerks) will notice all of this and be 😡. We shall see. 🍿

End.
Addendum: Here’s the whole “analysis” of why ex parte relief is proper, at p. 6: “because Mr. Avenatti continues to make [TV] appearances and tweet regarding Mr. Cohen on an almost daily basis”

LOL. Maybe Otero will be bothered by the “publicity tour” but this motion sucks.
Update on the #Cohen legal clown show:

Here’s Judge Otero’s short order, supplied by @popehat, firmly rejecting the absurd #cohen ex parte #gag application as I expected he would do.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with James (The Dude Abides) Moo

James (The Dude Abides) Moo Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @moo_jam1

Sep 21, 2018
#whyididntreportit
Today, after our “President”’s victim-blaming tweets, a close family friend called my wife about the tweets in tears and confided that in high school, while attending an east coast boarding school, she was raped by her boyfriend’s roommate while camping. 1/x
They had all been drinking. She woke up in the tent with blood everywhere, hemorrhaging.

She nearly died, and had to get transfusions. She didn’t report it. She was drunk and a teen. Her dad didn’t report it. The nurses didn’t report it! We love this woman. 2/x
Our President is a pig for suggesting that Ford isn’t telling the truth because she didn’t file a report (and for many other reasons) those and who try to excuse this sort of evil behavior by teen boys are evil pigs who deserve only to be shunned and scorned forever.

End
Read 4 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(