Any reason as to why? It would cut into “Executivr Time”?
It looks like due to potential criminal charges for Cohen (and Trump?).
How long? Or indefinitely?
Quite awkward for Daniels’ big payday. She’s got to land that 7 figure book advance and screenplay option before people lose interest. Any Cohen criminal trial could take years.
Here is the text of the order:
“On balance, the particular circumstances and competing interests in this case counsel towards the requested stay. This finding is based primarily on: (1) the lack of significant prejudice to Plaintiff; (2) the evidentiary disputes likely to arise if the stay is not granted; (3) the potential resolution of several key issues in the context of the criminal investigation; (4) the potentially significant impact of this proceeding on the integrity of the criminal investigation; and (5) Mr. Cohen’s significant interest in the preservation of his Fifth Amendment privilege. This action is stayed for ninety (90) days.”
It’s right there in the post:
In a decision Friday, U.S. District Judge S. James Otero agreed to delay the case and set a hearing for July 27.
Stormy has already done her duty…
The original post was just a one sentence stub.
And even the LATimes first sentence only said that the judge had postponed the decision about whether to issue a postponement.
Thank you for your reporting.
Thanks judygran, but I am still confused. Why exactly is it appropriate for a 90 day delay (3 months? Seems like a long time in the real world, but not in Legaltown) for “the context of the criminal investigation”? How does a lawsuit for a nondisclosure agreement to be voided impact on any criminal investigations, whatever they may be?
Just to review the bidding in the case, Cohen had filed a declaration saying very generally that his Fifth Amendment rights were implicated, and Avenatti objected on the ground that the declaration was too vague to determine what the connection actually was.
Avenatti wanted to proceed with discovery and take Cohen’s deposition, and force him to take the Fifth (or not take it) on a question-by-question basis. Avenatti also wanted to proceed with other discovery that wasn’t subject to a Fifth Amendment claim by Cohen, such as document discovery from his LLC and the depositions of other people, including Trump if possible.
The judge’s ruling appears to be based on two primary considerations: (1) that Cohen’s potential criminal jeopardy (and maybe other things too, like Trump’s status as Cohen’s client) will be clearer in July that it is now, which would make it easier to figure out where the privilege might apply in the Stormy case, and (2) lack of prejudice to Stormy, which just means she and Avenatti don’t lose anything of value in their case by having to wait for a decision on the arbitration issue.
The only reason the stay even became an issue was that Cohen had filed the motion to compel arbitration, which generally gets much quicker treatment than other types of legal actions. So the stay order basically lets Cohen back away from a form of time pressure that he created.
It seems to me like the right thing to do. The criminal case should go first, and other moving parts will fall into place as they go…
This is very very common when there is a criminal case – the civil case is stayed pending resolution of the criminal case.
Three months is practically no time at all in legal proceedings.
Court proceedings are stayed and formal discovery between parties is stayed, but the parties can otherwise work on their cases.
In all fairness to the Stormy Night-in-gale, she’s had her fifteen (15) minutes in the national spotlight.
She’s provoked Tub-O-Lardo* to respond, her lawyer Avenatti has proved his chops as a better Social Media troll than Trumpy could ever be, and Dumb Don has admitted that Cohen represented him (!) in the case.
The remainder will be analogous to what the guys with wheelbarrows and shovels collect after the horses and riders parade on the Fourth of July.
(* Thanks to Berkeley Breathed for this description, it ain’t original. Thbbft!)
Thanks. So I assume Avenatti’s appeal to the 9th circuit is dead in the water.
Why would he bother, then? (rhetorical question)
Snicker.
Trump is going to remain the focus of appalled fascination for decades if not centuries. Benedict Arnold comes to mind.
Nice of you to be concerned about her financial well- being though.
As a fan myself I’d hate to think someone else who was too was missing out, so in case you were unaware Mr. Breathed has been self publishing on Facebook for a while now.