Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

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Fortinbras
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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#876

Post by Fortinbras » Fri Apr 13, 2018 9:15 am

There are a number of questions of the most basic contract law involved here, even before the issue of arbitration, These basic questions include:
- is there a contract when it appears that three people are necessary to make the agreement work but only two of them participate and the third denies any knowledge of this arrangement?
- is there a contract when two of the three parties are pseudonymous and the terms of the contract name non-existent people and events that supposedly involved them?
- can it be that there was a meeting of the minds when the terms of the agreement require some activity on the part of a (supposedly) indispensable party but he is identified only by a false name, he never participates in negotiating or signing the agreement, he never performs that activity, and, when asked, denies any knowledge or approval of the agreement?

Frankly, if Stormy Daniels simply goes ahead and behaves as if there never was an agreement -- and even keeps the money paid to her at that time -- the only repercussions would be litigation that would, at some point, REQUIRE the sworn testimony under examination of Donald Trump; this is so extremely improbable that .....



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#877

Post by Tiredretiredlawyer » Fri Apr 13, 2018 9:21 am

Law professors teaching contract law and arbitration are indebted to Michael Cohen for providing a law school exam question which can be used in perpetuity.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#878

Post by Jim » Fri Apr 13, 2018 11:34 am

I'm beginning more and more to feel like this is my daily soap opera fix...I get up in the morning and click on this thread and think to myself...

"Today's episode of "Spanky and the Chin""



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#879

Post by Dan1100 » Fri Apr 13, 2018 2:55 pm

I lost the link, but The Chin was at the Cohen Search Warrant hearing today.

From what I could tell, his contribution was something along the lines of "Look at me. I am here. Pay attention to meeee :wave: ."


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#880

Post by Tiredretiredlawyer » Fri Apr 13, 2018 5:04 pm

Jim wrote:
Fri Apr 13, 2018 11:34 am
I'm beginning more and more to feel like this is my daily soap opera fix...I get up in the morning and click on this thread and think to myself...

"Today's episode of "Spanky and the Chin""
:rotflmao:
Which reminds me of that Cartoon Network show "Pinky and the Brain.". The lyrics from the theme music can easily be applied here.

Apologies to Suranis:

Pinky & The Brain
Animaniacs

They're Pinky and the Brain
Yes, Pinky and the Brain
One is a genius, the other's other insane
They're laboratory mice
Their genes have been spliced
They're Pinky, they're Pinky and the Brain
Brain, Brain, Brain, Brain, Brain, Brain, Brain, Brain

Before each night is done
Their plan will be unfurled
By the dawning of the sun
They'll take over the world

Before each night is done
Their plan will be unfurled
By the dawning of the sun
They'll take over the world

They're Pinky and the Brain
Yes, Pinky and the Brain
Their twilight campaign is easy to explain
To prove their mousy worth
They'll overthrow the earth
They're Pinky, they're Pinky and the Brain
Brain, Brain, Brain, Brain, Brain, Brain, Brain, narf

Songwriters: RICHARD STONE,TOM RUEGGER
© Warner/Chappell Music, Inc.,Universal Music Publishing Group


"The people must know before they can act, and there is no educator to compare with the press." - Ida B. Wells-Barnett, journalist, newspaper editor, suffragist, feminist and founder with others of NAACP.

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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#881

Post by Mikedunford » Fri Apr 13, 2018 5:09 pm

Pinky: Gee, Brain, what do you want to do tonight?
Brain: The same thing we do every night, Pinky - beclown ourselves in Federal Court.


I believe that each era finds a improvement in law each year brings something new for the benefit of mankind.

--Clarence Earl Gideon

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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#882

Post by Tiredretiredlawyer » Fri Apr 13, 2018 5:14 pm

Mikedunford wrote:
Fri Apr 13, 2018 5:09 pm
Pinky: Gee, Brain, what do you want to do tonight?
Brain: The same thing we do every night, Pinky - beclown ourselves in Federal Court.
Hooray! Another Cartoon Network/Pinky and the Brain Alumna!!!!!! Fist bump, Brother Dunford!


"The people must know before they can act, and there is no educator to compare with the press." - Ida B. Wells-Barnett, journalist, newspaper editor, suffragist, feminist and founder with others of NAACP.

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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#883

Post by Sterngard Friegen » Fri Apr 13, 2018 5:20 pm

Dan1100 wrote:
Fri Apr 13, 2018 2:55 pm
I lost the link, but The Chin was at the Cohen Search Warrant hearing today.

From what I could tell, his contribution was something along the lines of "Look at me. I am here. Pay attention to meeee :wave: ."
:yeah:



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#884

Post by RTH10260 » Fri Apr 13, 2018 6:08 pm

Tiredretiredlawyer wrote:
Fri Apr 13, 2018 5:04 pm
Jim wrote:
Fri Apr 13, 2018 11:34 am
I'm beginning more and more to feel like this is my daily soap opera fix...I get up in the morning and click on this thread and think to myself...

"Today's episode of "Spanky and the Chin""
:rotflmao:
Which reminds me of that Cartoon Network show "Pinky and the Brain.". The lyrics from the theme music can easily be applied here.

Apologies to Suranis:

Pinky & The Brain
► Show Spoiler



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#885

Post by Tiredretiredlawyer » Fri Apr 13, 2018 6:20 pm

Off Topic
In the South that song is entitled One Hundred Bottles of Beer on the Wall


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#886

Post by tjh » Fri Apr 13, 2018 6:22 pm

Off Topic
10 green/one hundred : Different tunes in my songbooks



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#887

Post by Flatpointhigh » Fri Apr 13, 2018 6:25 pm

Mikedunford wrote:
Fri Apr 13, 2018 5:09 pm
Pinky: Gee, Brain, what do you want to do tonight?
Brain: The same thing we do every night, Pinky - beclown ourselves in Federal Court.
:rotflmao: :rotflmao:



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#888

Post by Orlylicious » Fri Apr 13, 2018 8:13 pm

CNN Exclusive: FBI seized tapes of Cohen with Stormy Daniels' previous attorney....



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#889

Post by SLQ » Fri Apr 13, 2018 8:25 pm

All of the Cohen news today, and we still have his 5th Amendment brief to look forward to today. :dance:



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#890

Post by Mr. Gneiss » Fri Apr 13, 2018 8:37 pm

Tiredretiredlawyer wrote:
Fri Apr 13, 2018 5:14 pm
Mikedunford wrote:
Fri Apr 13, 2018 5:09 pm
Pinky: Gee, Brain, what do you want to do tonight?
Brain: The same thing we do every night, Pinky - beclown ourselves in Federal Court.
Hooray! Another Cartoon Network/Pinky and the Brain Alumna!!!!!! Fist bump, Brother Dunford!
NARF!



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#891

Post by Fortinbras » Fri Apr 13, 2018 8:45 pm

There are some people embroiled in this scandal/litigation/investigation who seem incapable of remembering the second verse to 99 Bottle of Beer on the Wall.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#892

Post by Sterngard Friegen » Fri Apr 13, 2018 9:19 pm

SLQ wrote:
Fri Apr 13, 2018 8:25 pm
All of the Cohen news today, and we still have his 5th Amendment brief to look forward to today. :dance:
This one. By the ghost writer.
You do not have the required permissions to view the files attached to this post.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#893

Post by Tiredretiredlawyer » Fri Apr 13, 2018 10:00 pm

Mr. Gneiss wrote:
Fri Apr 13, 2018 8:37 pm
Tiredretiredlawyer wrote:
Fri Apr 13, 2018 5:14 pm
Mikedunford wrote:
Fri Apr 13, 2018 5:09 pm
Pinky: Gee, Brain, what do you want to do tonight?
Brain: The same thing we do every night, Pinky - beclown ourselves in Federal Court.
Hooray! Another Cartoon Network/Pinky and the Brain Alumna!!!!!! Fist bump, Brother Dunford!
NARF!
ZORT!!! :blink:


"The people must know before they can act, and there is no educator to compare with the press." - Ida B. Wells-Barnett, journalist, newspaper editor, suffragist, feminist and founder with others of NAACP.

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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#894

Post by SLQ » Fri Apr 13, 2018 10:11 pm

The brief has a few glaring mistakes, and this seems awfully optimistic:
While the public may also have an interest in the resolution of this action, a 90 day stay “effectively accounts for that interest” since it will allow this case to be resolved if criminal proceedings conclude within that time. See Chrome Hearts, LLC, v. Old School Fairfax, Inc., No. 16-CV-09080 AB, Docket No. 70, at p. 8.
Edit: For those interested, attached is the Chrome Hearts Order.
031127633153.pdf
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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#895

Post by Sterngard Friegen » Fri Apr 13, 2018 10:15 pm

90 days is ridiculously optimistic.

Were I Judge Otero I would ask for completed briefing of the current motions to see if Cohen's deposition is necessary and proceed from there.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#896

Post by Mr. Gneiss » Fri Apr 13, 2018 10:33 pm

Tiredretiredlawyer wrote:
Fri Apr 13, 2018 10:00 pm
Mr. Gneiss wrote:
Fri Apr 13, 2018 8:37 pm
Tiredretiredlawyer wrote:
Fri Apr 13, 2018 5:14 pm


Hooray! Another Cartoon Network/Pinky and the Brain Alumna!!!!!! Fist bump, Brother Dunford!
NARF!
ZORT!!! :blink:
troz!! ;)



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#897

Post by SLQ » Fri Apr 13, 2018 10:42 pm

Sterngard Friegen wrote:
Fri Apr 13, 2018 10:15 pm
90 days is ridiculously optimistic.

Were I Judge Otero I would ask for completed briefing of the current motions to see if Cohen's deposition is necessary and proceed from there.
The 90-day request comes directly from Chrome Hearts. But for the same reasons as in Chrome Hearts (and more so with the Cohen case), the 90-day stay is woefully inadequate and is akin to the "indefinite stay" the court rejected in Chrome Hearts. A 90-day stay here is futile.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#898

Post by SLQ » Fri Apr 13, 2018 10:57 pm

There is a significant difference between Chrome Hearts and the Cohen raid:
  • The existence of a defendant who is not subject to the warrant, i.e. David Dennison. In Chrome Hearts, the only two defendants were under criminal investigation and were eventually both charged.
Also, in Chrome Hearts, the court initially only stayed one defendant's** depo, the one who was initially the subject of the raid, but allowed other discovery to go forward. After the second defendant** was charged, the court then stayed everything. Based on Chrome Hearts, upon which Defendants rely heavily, the deposition of David Dennison and discovery to him should not be affected by the raid (assuming the discovery is granted, other objections notwithstanding.)

**Neither individual was actually a named defendant, but were the only two employees of the corporation, which was the named defendant. The individuals were the subject of the criminal investigation and charges.



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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#899

Post by Dan1100 » Sun Apr 15, 2018 4:26 pm

A trip episode with a crossover always gives a quick ratings boost. Kind of like when the cast of New Girl was on Brooklyn 99.

link to tweet
Kyle Griffin Verified account @kylegriffin1
7h7 hours ago

Michael Avenatti tells CNN that Stormy Daniels will attend Michael Cohen’s court hearing on Monday at 2 p.m. in New York.
Hire clowns, expect a circus.


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Re: Stephanie Clifford aka Stormy Daniels v Donald J. Trump aka David Dennison, U.S. District Court, Central California

#900

Post by Reality Check » Sun Apr 15, 2018 4:34 pm

This is the biggest clown show since the Birther hearing in Georgia in 2012.


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