Just in: The 9th Circuit has denied @USAO_LosAngeles prosecutors' request to schedule oral argument in Michael Avenatti's appeal for January. Argument will be calendared for the week of March 7-11.
Background: This is Avenatti's appeal of Judge Selna's rejection of his double jeopardy dismissal motion. One of Avenatti's lawyers from @Nike extortion trial is handling it, and he told the 9th he wasn't available for the two calendar weeks in February.
After Srebnick said he wasn't available in February, AUSA Alexander Robbins offered to file his answering brief early so the case could be calendared for January.
The 9th then formally requested Srebnick and Robbins' availability for Jan. 10-14, and Srebnick filed this in response.
Robbins responded to Srebnick's unavailability claim for Jan. 10-14 by formally requesting the 9th schedule oral argument during Jan. 10-14. ("...later in the week to give defense counsel as much time as possible to prepare for oral argument.")
That's the motion the 9th responded to today. (Fun fact: I don't get PACER alerts for this case so I just have to check the file randomly and/or every five minutes and hope for the best.)
Another Avenatti update: He filed a status report just now that says he and prosecutors have reached an agreement on the @Tabs3software help.
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I am tuned in to the bankruptcy hearing on @jayedelson's motion to intervene in the Erika Girardi case. @RonaldRichards is of course out as the trustee's special counsel, but he's still here because he's, coincidentally, on a case calendared ahead of the Girardi case. #RHOBH
Alright, Judge Russell is onto the Girardi matter. @erikajayne's lawyer Evan Borges of Greenberg Gross just made his appearance. Borges notes the presence of Larry Gabriel, who replaced @RonaldRichards as special counsel for trustee Elissa Miller. ggtriallaw.com/attorneys/evan…
New: Lawyers suing Facebook over Cambridge Analytica scandal win bid to access Mark Zuckerberg, Sheryl Sandberg's files. "...they were key decision-makers related to issues at the heart of Plaintiffs’ allegations, including friend sharing, whitelisting..." bit.ly/3Hlj8lY
This order from @JAMSADR special master Daniel Gurrie was signed Oct. 21, but it didn't show up in public filings until last night, amid Facebook's motion to seal "limited portions" of it. bit.ly/3qGg0vc
Here's the full order. It conveniently includes as exhibits the underlying filings. "Facebook does not contest that Zuckerberg’s and Sandberg’s custodial files contain
relevant information. Nor could they credibly do so." bit.ly/3Hlj8lY
It’s Friday in Orange County, California, and I’m here at the federal courthouse for what likely will be a brief status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from Senior U.S. District Judge James Selna’s courtroom. ⚖️🧵⚖️
I got here early, so I walked a little extra to bring you that new angle of the marble tower that is the Ronald Reagan Federal Building and Courthouse. Fun fact: @USGSA imported marble from Italy to build this place, and officials traveled to Italy a couple times in the process.
Judge Selna scheduled this status yesterday afternoon. No word on the specific topic, but it follows briefs on whether he has jurisdiction with the pending 9th Circuit appeal.
Just in: Prosecutors are asking 9th Circuit to act now on Avenatti's appeal. "Absent expedited treatment, defendant may be able to use the filing of this frivolous interlocutory appeal to delay his upcoming retrial scheduled to begin on November 2, 2021." bit.ly/3oWXEFn
The motion asks the 9th Circuit to dismiss Avenatti's appeal as frivolous or summarily affirm Judge Selna's rejection of his double jeopardy motion. (Here's a link to Selna's order on that: bit.ly/3aC7dkI)
For those who don't know, like most prosecutors' offices, @USAO_LosAngeles has separate appellate attorneys, so AUSAs Brett Sagel and Alex Wyman aren't working this appeal. Instead, we have AUSA Alexander Patrick Robbins at bat.
Just in: Prosecutors’ reply to Avenatti’s opposition to their motion to exclude references to mistrial. “Defendant clearly intends to mischaracterize to the jury -- as he does in his motion -- why there was a first trial and the reason for the retrial...” bit.ly/3mSDVUp
Here's another new one from prosecutors: They want Judge Selna to order @Tabs3Software makers to help access data on Avenatti's law firm servers. "An executive from Software Technology, LLC indicated that the company would like to help..." bit.ly/2X7CDMu
And here's prosecutors' reply to opp re: limiting Avenatti's cross-examinations. It's punchy. "Looking behind the hyperbole and bluster, the citations to irrelevant law, and the misstatements of the remedy the government is seeking..." bit.ly/2YK2FXf
Here’s a new thread-worthy one: Lawyers suing Cardi B (@iamcardib) wanted her sanctioned and ordered to trial ASAP after she partied in Paris following a trial delay related to her newborn son. But U.S. District Judge Cormac Carney here in Orange County said no.
⚖️🧵⚖️
This is a lawsuit on behalf of the guy pictured (partially) on @iamcardib's first album. It accuses Cardi of misappropriating his likeness in “a misleading, offensive, humiliating and provocatively sexual way” Here's the complaint: bit.ly/3lBvRYM
The case was headed to trial later this month, but Judge Carney delayed it to Feb. 1 at the request of Cardi’s lawyers, who cited the fact that she’d given birth and the COVID risk with hotels and airports. Here's a dec from @iamcardib herself. bit.ly/3j1aSgn