A federal judge in California dealt a blow to the lawsuit from adult film star Stormy Daniels against President Trump when he denied her lawyer's request to repose the president and his lawyer, Michael Cohen.
Here's what happened
Daniels' lawyer Michael Avenatti filed the motion in federal court on Wednesday to depose the president and his longtime lawyer Michael Cohen.
Daniels is claiming that she was compelled to sign a non-disclosure agreement about their extramarital affair but that it was not a legal contract because Trump didn't sign it.
Avenatti had tweeted that he was confident the motion would be approved:
“The motion is set to be heard on April 30, 2018," he said. "We are confident that the Court will permit the requested discovery after applying Supreme Court precedent and the well established law in the Ninth Circuit.”
The motion is set to be heard on April 30, 2018. We are confident that the Court will permit the requested discove… https://t.co/8MjC8q6dFc— Michael Avenatti (@Michael Avenatti) 1522228350.0
But a federal judge disagreed, said that the motion was premature and admonished Avenatti, adding, "instant litigation is not the most important matter on the court's docket."
Judge S. James Otero of the US District Court for the Central District of California denied the motion for an expedited trial and discovery process, saying Daniels' attorney, Michael Avenatti, was "premature" in making the motion because Trump and Essential Consultants LLC, the company established by Cohen to pay Daniels the $130,000 to keep quiet about an alleged affair between her and Trump, have not yet filed a petition to compel arbitration, which they have stated they're going to do.
Avenatti said later on CNN that he would refile the motion after Cohen filed for arbitration, and that the decision was not a setback.
"This does not bode well for the President or Mr. Cohen, and all indications are that when this motion is heard on the merits, we're going to get the discovery and we're going to get the trial we've asked for," he said.