Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

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Dan1100
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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#826

Post by Dan1100 » Wed Apr 11, 2018 3:21 pm

bob wrote:
Wed Apr 11, 2018 3:12 pm
Dan1100 wrote:
Wed Apr 11, 2018 2:59 pm
Even if it gets sent to arbitration, isn't Cohen going to have to testify under oath to the things he alleges to make his case and is going to be subject to some sort of cross-examination? And if Cohen takes the Fifth, even in arbitration, doesn't he more or less automatically lose?
Short answer, yes. A witness may "plead the fifth" (decline to answer) if the answer would be incriminating. But the finder of fact may make an adverse inference (i.e., assume the worse) from such an invocation.

:popcorn:
The rule in state court here, at least 20 years ago, is more than that. If the plaintiff takes the fifth, then any request for affirmative relief gets struck from your pleadings and your case gets dismissed. If you are the defendant, you are subject to the adverse inference and can lose your affirmative defenses, but the plaintiff still has to make their case.

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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#827

Post by woodworker » Wed Apr 11, 2018 4:21 pm

I wonder if we will see the Judge impose a gag order soon.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#828

Post by Mikedunford » Wed Apr 11, 2018 4:32 pm

woodworker wrote:
Wed Apr 11, 2018 4:21 pm
I wonder if we will see the Judge impose a gag order soon.
:pray: :pray:


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#829

Post by Dan1100 » Wed Apr 11, 2018 4:42 pm

woodworker wrote:
Wed Apr 11, 2018 4:21 pm
I wonder if we will see the Judge impose a gag order soon.
The only reason to do that would be if there was going to be a jury trial? Right?

[insert glib analogy to TV business]


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#830

Post by RVInit » Wed Apr 11, 2018 4:59 pm

The Chin has been on CNN a couple of times today. He is saying that events have taken place in the last 48 hours that have changed his plans for releasing the drawing of the person who threatened Stormy. The last interview, with Jake Tapper, he pretty much suggested it was the US attorney's office that asked him not to continue with the plans to release the sketch, and also seemed to suggest that the person may have already been identified. I wonder for how long Avenetti and Stormy have been cooperating with US attorneys. I guess if/when charges are filed we will find out.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#831

Post by bob » Wed Apr 11, 2018 5:02 pm

RVInit wrote:
Wed Apr 11, 2018 4:59 pm
The last interview, with Jake Tapper, he pretty much suggested it was the US attorney's office that asked him not to continue with the plans to release the sketch, and also seemed to suggest that the person may have already been identified.
:roll:

This is Gallups-level innuendo. :brickwallsmall:


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#832

Post by kate520 » Wed Apr 11, 2018 5:07 pm

Off Topic
I missed the unveiling and I thought I knew but not sure now. Who is the Chin?


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#833

Post by Mikedunford » Wed Apr 11, 2018 5:08 pm

#basta


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#834

Post by Dan1100 » Wed Apr 11, 2018 5:10 pm

kate520 wrote:
Wed Apr 11, 2018 5:07 pm
Off Topic
I missed the unveiling and I thought I knew but not sure now. Who is the Chin?
The Chin is Stormy's lawyer/co-star Michael Avenatti.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#835

Post by andersweinstein » Wed Apr 11, 2018 5:20 pm

Sterngard Friegen wrote:
Wed Apr 11, 2018 2:44 pm
Judge Otero spanks the Chin again, lets his latest defalcation slide, continues all hearings to May 14, 2018, and imposes a pre-filing order on the parties (shades of Liberi v. Taitz). The full order is attached. Here is the lowlight:
As this is the second time in this one month old action a failure to meet and confer has been brought before the Court, every further motion presented to the Court must include either (1) a stipulation signed by both parties that confirms a meet and confer has occurred, or (2) a declaration from the moving party explaining the exhaustive efforts undertaken to conduct a meet and confer and the exact reasons why the parties have failed to do so.
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Hmm, as I read it, it also spanks the defendants a bit too (reminding them they have been on notice of the plaintiff's position since April 28). And most definitely not swayed by the defendants' opposition -- even if drafted by the (admittedly excellent!) Michelle B. Goodman.

Perhaps most significant, it mentions the plaintiff's right under the FAA to demand a jury trial on the issue of the formation of an arbitration agreement, and does not want to unduly prejudice the plaintiff by waiving her right to make that demand.That is a small but favorable sign for Team Stormy.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#836

Post by kate520 » Wed Apr 11, 2018 5:20 pm

Off Topic
i thought so, but then I read this by some other guy upthread and got confused and thought there was maybe another lawyer with a gifted chin involved.
The Chin opposes the objection to his motion to expedite. The objection was that Avenatti didn't meet... :snippity:
Thanks, Dan1100.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#837

Post by Sterngard Friegen » Wed Apr 11, 2018 5:27 pm

No lawyer has a chin as gifted as the Chin.

We'll find out soon if it is a glass jaw.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#838

Post by Maybenaut » Wed Apr 11, 2018 5:44 pm

Mikedunford wrote:
Wed Apr 11, 2018 5:08 pm
#basta
What does that mean?



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#839

Post by TexasFilly » Wed Apr 11, 2018 5:48 pm

Maybenaut wrote:
Wed Apr 11, 2018 5:44 pm
Mikedunford wrote:
Wed Apr 11, 2018 5:08 pm
#basta
What does that mean?
Enough ( in Italian).


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#840

Post by bob » Wed Apr 11, 2018 5:49 pm

Maybenaut wrote:
Wed Apr 11, 2018 5:44 pm
Mikedunford wrote:
Wed Apr 11, 2018 5:08 pm
#basta
What does that mean?
Enough; stop.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#841

Post by Mikedunford » Wed Apr 11, 2018 5:53 pm

TexasFilly wrote:
Wed Apr 11, 2018 5:48 pm
Maybenaut wrote:
Wed Apr 11, 2018 5:44 pm
Mikedunford wrote:
Wed Apr 11, 2018 5:08 pm
#basta
What does that mean?
Enough ( in Italian).
:yeah:

It's also the hashtag that Avenatti seems to use on absolutely everything he posts to Twitter that's related to this case.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#842

Post by much ado » Wed Apr 11, 2018 5:54 pm

TexasFilly wrote:
Wed Apr 11, 2018 5:48 pm
Maybenaut wrote:
Wed Apr 11, 2018 5:44 pm
Mikedunford wrote:
Wed Apr 11, 2018 5:08 pm
#basta
What does that mean?
Enough ( in Italian).
And also in Spanish and in Portuguese.
However, in Swedish it means to "sit in a sauna", but that's probably not what Mike meant.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#843

Post by Maybenaut » Wed Apr 11, 2018 5:55 pm

Mikedunford wrote:
Wed Apr 11, 2018 5:53 pm
TexasFilly wrote:
Wed Apr 11, 2018 5:48 pm
Maybenaut wrote:
Wed Apr 11, 2018 5:44 pm


What does that mean?
Enough ( in Italian).
:yeah:

It's also the hashtag that Avenatti seems to use on absolutely everything he posts to Twitter that's related to this case.
Thanks. I guess I’d have to read his tweets to know that. Thanks for taking one for the team!



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#844

Post by SLQ » Wed Apr 11, 2018 7:00 pm

andersweinstein wrote:
Wed Apr 11, 2018 5:20 pm
Sterngard Friegen wrote:
Wed Apr 11, 2018 2:44 pm
Judge Otero spanks the Chin again, lets his latest defalcation slide, continues all hearings to May 14, 2018, and imposes a pre-filing order on the parties (shades of Liberi v. Taitz). The full order is attached. Here is the lowlight:
As this is the second time in this one month old action a failure to meet and confer has been brought before the Court, every further motion presented to the Court must include either (1) a stipulation signed by both parties that confirms a meet and confer has occurred, or (2) a declaration from the moving party explaining the exhaustive efforts undertaken to conduct a meet and confer and the exact reasons why the parties have failed to do so.
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Hmm, as I read it, it also spanks the defendants a bit too (reminding them they have been on notice of the plaintiff's position since April 28). And most definitely not swayed by the defendants' opposition -- even if drafted by the (admittedly excellent!) Michelle B. Goodman.

Perhaps most significant, it mentions the plaintiff's right under the FAA to demand a jury trial on the issue of the formation of an arbitration agreement, and does not want to unduly prejudice the plaintiff by waiving her right to make that demand.That is a small but favorable sign for Team Stormy.
:yeah: Judge Otero also notes that a meet and confer would have been impossible, given the timing of the filing of the motion to compel.

Added: The hearings are also now all on May 14, so that's also a minor victory for Stormy.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#845

Post by Reality Check » Wed Apr 11, 2018 7:42 pm

I have noticed even on progressive forums like DU they are figuring out that Avanetti is spending a lot of time on TV and not faring very well in court where it counts


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#846

Post by Sterngard Friegen » Wed Apr 11, 2018 7:45 pm

To the extent the Clifford lawsuit was an attempt to give Trump bad publicity and ensnare Cohen, I would say it's worked brilliantly.

I also suspect that's not how things started out.

Right now the Chin is being outlawyered by a ghost writer.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#847

Post by RTH10260 » Thu Apr 12, 2018 7:22 am

much ado wrote:
Wed Apr 11, 2018 5:54 pm
TexasFilly wrote:
Wed Apr 11, 2018 5:48 pm
Maybenaut wrote:
Wed Apr 11, 2018 5:44 pm


What does that mean?
Enough ( in Italian).
And also in Spanish and in Portuguese.
However, in Swedish it means to "sit in a sauna", but that's probably not what Mike meant.
Putting Cohen in a hot seat :?:



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#848

Post by Res Ipsa » Thu Apr 12, 2018 1:04 pm

Reality Check wrote:
Wed Apr 11, 2018 7:42 pm
I have noticed even on progressive forums like DU they are figuring out that Avanetti is spending a lot of time on TV and not faring very well in court where it counts
Well, you may be double counting my posts there. :-D

There is a certain mentality of "anyone who is fighting against Trump for any reason is a hero", which is understandable.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#849

Post by RoadScholar » Thu Apr 12, 2018 1:07 pm

Not necessarily a hero, but certainly a blessing.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#850

Post by RoadScholar » Thu Apr 12, 2018 1:10 pm

Mikedunford wrote:
Wed Apr 11, 2018 5:08 pm
#basta
much ado wrote:
Wed Apr 11, 2018 5:54 pm
However, in Swedish it means to "sit in a sauna", but that's probably not what Mike meant.
Same root as the word "baste?" :shock:


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