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SDNY Avenatti Gets to Jan 9 To Review 4000
New Pages on Nike Bid To Quash Subpoena
By Matthew
Russell Lee, Patreon,
thread
video
SDNY COURTHOUSE,
Jan 6 – 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 a trial set to begin
on January 22, Avenatti has
been granted until January 9
to review 4000 new pages from
Nike before responding to
Nike's Motion to Quash
Subpoenas. Avenatti's lawyer
Scott A. Srebnick on January 4
asked SDNY Judge Paul G.
Gardephe for the adjournment,
and it was granted on January
6.
Srebnick
wrote, "We believe these these
additional 4,000 pages will
bear directly on [Gary]
Franklin's 'claim of right,'
Nike's bias, and whether Nike
has (or not) 'fully
cooperated' with the
government's investigation as
it now claims." Inner City
Press will continue to cover
this case, including
Avenatti's response now due
January 9. Watch this site.
The case is US v. Avenatti,
19-cr-373 (Gardephe).
The US Attorney's Office on
December 27 wrote that "The
Government respectfully
submits this letter, pursuant
to the Court’s request during
the conference in this matter
on December 17, 2019 and the
Court’s order of December 20,
2019 (Dkt. No. 105), to
provide a supplemental summary
of the expert opinions that
the Government expects to
offer during its case-in-chief
at trial. The Government also
respectfully requests that the
Court order the defendant to
file a similar supplemental
summary on or before January
3, 2020. The Government
expects to offer testimony in
its case-in-chief at trial
from Nora Freeman Engstrom,
Esq., or Mark L. Tuft,
Esq.1 Professor Engstrom
is a Professor of Law and the
Deane F. Johnson Faculty
Scholar at Stanford Law
School, where she teaches
classes in, among other
things, legal ethics. She is
the author or co-author of
numerous publications,
including Legal Ethics
(Foundation Press, 7th ed.
2016). Mr. Tuft is a partner
at Cooper, White & Cooper
LLP, who principally focuses
on, among other things,
professional liability, and
counsels lawyers and law firms
on professional
responsibility. He is a
Certified Specialist in Legal
Malpractice Law and former
President of the Association
of Professional Responsibility
Lawyers. He is the co-author
of California Practice Guide
on Professional Responsibility
(The Rutter Group), which is
available on Westlaw."
Back in August
Judge Paul
G. 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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