Bottom line: they* did an excellent job. There is no doubt in my mind Avenatti's motion will be denied. It's not even close.
ECF 57, p. 4 (p. 1 from internal numbering).The instant motion by plaintiff Stephanie Clifford (“Plaintiff” or “Ms. Clifford”) improperly seeks to re-litigate the same issues the Court decided against her in its order staying this action (the “Stay Order”). The “new” facts relied upon by Plaintiff do nothing to change the Court’s conclusion in the Stay Order regarding defendant Michael Cohen’s (“Mr. Cohen”) critical importance to this case. The Court held: “…as the alleged mastermind behind the Agreement and the person with the most direct knowledge of the facts and circumstances surrounding its formation, [Mr. Cohen’s] testimony would be indispensable to the disposition of this action.” [Stay Order, p. 7, ECF No. 53.] (Emphasis added.)
Plaintiff’s “new” facts consist entirely of out-of-court statements by defendant Donald J. Trump (“Mr. Trump”) and his attorney, Rudolph Giuliani, pertaining to events that occurred well after execution of the Confidential Settlement Agreement and Mutual Release (the “Agreement”). These statements have no bearing on the facts and circumstances surrounding the formation of the Agreement. Thus, Plaintiff’s “new” facts are irrelevant to the Court’s findings in the Stay Order and do not warrant its reconsideration.
Defense counsel also commented on Avenatti's publicity tour, but Judge Otero won't care.