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In SDNY Avenatti Contests Debt of Eagan Avenatti and Ex Wife Case As Evidence in Nike Trial

By Matthew Russell Lee, Patreon, thread video

SDNY COURTHOUSE,  Jan 20 – Michael Avenatti in the Nike case against him opposed the US Attorney's proffered legal expert testimony about his fiduciary duty, citing decisions by U.S. District Court for the Southern District of New York Judges Valerie E. Caproni and Kimba Wood, below.

  Now in the run up to trial, on January 20 Avenatti's lawyers wrote to Judge Paul G. Gardephe contesting the use at trial of evidence of the debt of the Eagan Avenatti firm, and family law material regarding his ex wife and child support.

  Back in August Judge Gardephe told Avenatti's lawyer in that case Scott A. Srebnick to "tee up the subpoena issues sooner rather than later."

 Srebnick as in his written submissions brought up the Fifth Amendment. Judge Gardephe said raising that to a jury would be a first for him, and that Srebnick faces a uphill battle convincing him. But it seems Srebnick will try. He took up 85% of the speaking time (Inner City Press live tweeted it here), in a courtroom whose gallery was less than half filled. Things have changed.

  Srebnick proposed moving the trial from November to January, then mentioned that AUSA Richenthal has a trial starting on January 21, so why not extend further? More on Patreon here.

Back on May 28 before Judge Batts, Avenatti's first move was to have his Miami-based lawyer Srebnick ask to transfer the Daniels case to California.

  The U.S. Attorney for the SDNY's office opposed the request, saying it met none of the Supreme Court's factors for change in venue in the 1964 case Platt v. Minnesota Mining & Mfg. Co., 376 U.S. 240.  Attorney Srebnick's motion to make a motion was denied.

[Assistant U.S. Attorney Matthew Podolsky told Judge Batts he had recently beaten back a similar attempt to delay by bifurcated venue motions. For more, see Patreon, here.]

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