Thread by @moo_jam1

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

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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.