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For SDNY Avenatti Trial Judge Gardephe Orders Franklin Retainer and Garagos Reply

By Matthew Russell Lee, Patreon, thread video

SDNY COURTHOUSE,  Jan 21 – 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 21 Judge Paul G. Gardephe set this schedule: "ORDER as to Michael Avenatti: The parties are hereby directed to submit the following items to the Court: 1. Defendant will file the retainer agreement, if any, between Defendant and Gary Franklin, Sr., by 7:00 p.m. on January 20, 2020. 2. The Government will file copies of Mark Geragos's proffer agreements by 7:00 p.m. on January 20, 2020. 3. Defendant will file a reply to Nike's motion to quash (Dkt. No. 138) by 5:00 p.m. on January 21, 2020; any filing by the Government as to Nike's motion to quash (Dkt. No. 138) is also due by 5:00 p.m. on January 21, 2020. 4. Mark Geragos will submit a reply to Defendant's motion to compel (Dkt. No. 168) by 5:00 p.m. on January 21, 2020. The Government is directed to serve this Order on counsel for Geragos forthwith. (Replies due by 1/21/2020) (Signed by Judge Paul G. Gardephe on 1/20/2020)."

  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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