Cohen loses bid for immediate restraining order against Avenatti


June 15 (Reuters) - Michael Cohen, U.S. President Donald Trump's former personal lawyer, on Friday lost his bid for an emergency gag order to stop Michael Avenatti, a lawyer for adult film actress Stormy Daniels, from maligning him in frequent media appearances.

In a brief order, U.S. District Judge James Otero in Los Angeles said Cohen had not shown he would face "immediate, irreparable injury" without an immediate restraining order.

The judge also admonished Cohen in a footnote, saying such requests "throw the system out of whack" by creating more work for the court, forcing adversaries to respond in a hurry and allowing some litigants to "cut in line" ahead of others.

A lawyer for Cohen, Brent Blakely, did not immediately respond to requests for comment.

SEE EARLIER: Michael Cohen's attorneys want a restraining order against Michael Avenatti



In a filing on Thursday night, Cohen and Blakely said Avenatti's attacks threatened to turn the case into a "media circus" and undermine Cohen's ability to get a fair trial.

Daniels, whose real name is Stephanie Clifford, had sued Cohen and Trump on March 6 to get out of an agreement under which Cohen paid her $130,000 not to discuss an alleged sexual encounter she had with Trump. The president has denied having sex with Daniels.

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Stormy Daniels' lawyer Michael Avenatti
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Stormy Daniels' lawyer Michael Avenatti
NEW YORK, NY - AUGUST 20: Michael Avenatti attends the 2018 MTV Video Music Awards at Radio City Music Hall on August 20, 2018 in New York City. (Photo by Nicholas Hunt/Getty Images for MTV)
NEW YORK, NY - AUGUST 20: Michael Avenatti attends the 2018 MTV Video Music Awards at Radio City Music Hall on August 20, 2018 in New York City. (Photo by Nicholas Hunt/Getty Images for MTV)
Michael Avenatti, lawyer of adult-film actress Stormy Daniels, speaks during a Bloomberg Television interview in New York, U.S., on Thursday, Aug. 2, 2018. Avenatti discussed the allegations against President Donald Trump. Photographer: Mark Kauzlarich/Bloomberg via Getty Images
LOS ANGELES, CA - JULY 28: Michael Avenatti is seen on July 28, 2018 in Los Angeles, California. (Photo by gotpap/Bauer-Griffin/GC Images)
Michael Avenatti, attorney for Stormy Daniels, is pictured outside the Manhattan Federal Court in New York City, New York, U.S., April 13, 2018. REUTERS/Jeenah Moon
Adult film actress Stephanie Clifford, also known as Stormy Daniels, speaks to media along with lawyer Michael Avenatti (R) outside federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Brendan Mcdermid
Michael Avenatti (C), lawyer for adult-film actress Stephanie Clifford, also known as Stormy Daniels, speaks to the media outside the U.S. District Court for the Central District of California after a hearing regarding Clifford's case against Donald J. Trump in Los Angeles, California, April 20, 2018. REUTERS/Lucy Nicholson
Michael Avenatti, lawyer for adult-film actress Stephanie Clifford, also known as Stormy Daniels, leaves with a film crew film as he departs the U.S. District Court for the Central District of California after a hearing regarding Clifford's case against Donald J. Trump in Los Angeles, California, April 20, 2018. REUTERS/Mike Blake
Michael Avenatti, lawyer for adult-film actress Stephanie Clifford, also known as Stormy Daniels, speaks to the media outside the U.S. District Court for the Central District of California after a hearing regarding Clifford's case against Donald J. Trump in Los Angeles, California, April 20, 2018. REUTERS/Mike Blake
Stormy Daniels' attorney Michael Avenatti leaves federal court surrounded by news media in the Manhattan borough of New York City, New York, U.S., April 16, 2018.
Michael Avenatti (R), attorney for Stormy Daniels, is pictured outside the Manhattan Federal Court in New York City, New York, U.S., April 13, 2018. REUTERS/Jeenah Moon
THE VIEW - On Tuesday, April 17, Stormy Daniels sits down with the co-hosts of The View (11:00 a.m.-12:00 p.m. EDT) for her first live television interview. Daniels will be joined in studio by her attorney Michael Avenatti. 'The View' airs Monday-Friday (11:00 am-12:00 pm, ET) on the ABC Television Network. (Photo by Heidi Gutman/ABC via Getty Images) JOY BEHAR, STORMY DANIELS, MICHAEL AVANETTI
NEW YORK, NY - APRIL 16: Stormy Daniels and Michael Avenatti are seen outside federal court in downtown Manhattan on April 16, 2018 in New York City. (Photo by Raymond Hall/GC Images)
NEW YORK, NY - APRIL 16: Adult film actress Stormy Daniels' lawyer Michael Avenatti arrives at Federal Court for the hearing at the United States District Court Southern District of New York related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City. Cohen and lawyers representing President Trump are asking the court to block Justice Department officials from reading documents and materials related to his Cohen's relationship with President Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences last week. (Photo by Yana Paskova/Getty Images)
Attorney for Stormy Daniels, Michael Avenatti (R), arrives for a court hearing at the US Courthouse in New York on April 16, 2018. President Donald Trump's personal lawyer Michael Cohen has been under criminal investigation for months over his business dealings, and FBI agents last week raided his home, hotel room, office, a safety deposit box and seized two cellphones. / AFP PHOTO / Hector RETAMAL (Photo credit should read HECTOR RETAMAL/AFP/Getty Images)
NEW YORK, NY - APRIL 12: Gayle King, Michael Avenatti, Don Lemon and Sean Hannity attend the 2018 The Hollywood Reporter's 35 Most Powerful People In Media at The Pool on April 12, 2018 in New York City. (Photo by Taylor Hill/WireImage)
NEW YORK, NY - APRIL 13: Michael Avenatti, attorney for Stormy Daniels, speaks to reporters following a court proceeding regarding the search warrants served on President Donald Trump's longtime personal attorney Michael Cohen, at the United States District Court Southern District of New York, April 13, 2018 in New York City. Cohen and his lawyers are asking the court to block Justice Department officials from reading documents and materials related to his relationship with President Donald Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences earlier in the week. (Photo by Drew Angerer/Getty Images)
THE VIEW - Stormy Daniels' attorney Michael Avenatti is the guest today, Monday, 3/26/18 on ABC's 'The View.' 'The View' airs Monday-Friday (11:00 am-12:00 pm, ET) on the ABC Television Network. (Photo by Paula Lobo/ABC via Getty Images) MEGHAN MCCAIN, SARA HAINES, MICHAEL AVANATTI, JOY BEHAR, WHOOPI GOLDBERG, SUNNY HOSTIN
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According to the filing, Avenatti has talked about the case in at least 121 television appearances and 439 tweets.

Avenatti has "repeatedly denigrated Mr. Cohen, predicted that Mr. Cohen would be indicted for bank fraud, wire fraud, campaign finance violations, and accused Mr. Cohen of hiring a 'thug' to allegedly threaten Ms. Clifford," the filing said.

"As this court has probably already surmised," it added, "Mr. Avenatti's actions are mainly driven by his seemingly unquenchable thirst for publicity."

Otero's order did not address the merits of whether a restraining order should be granted. He gave Avenatti until June 25 to formally respond. Cohen can reply by July 2.

Avenatti posted the order on his Twitter feed, after having previously called the gag order request a "complete joke and baseless" in a tweet.

"Mr. Cohen and Brent Blakely can't deal with the truth, the facts, and the law, so they have to resort to unethical, meritless motions," Avenatti wrote.

A separate hearing in the case is scheduled for June 21.

Cohen's business practices, including the $130,000 payment to Daniels, are the subject of a separate federal criminal probe in New York. (Reporting by Brendan O'Brien in Milwaukee and Jonathan Stempel in New York; editing by Paul Tait, Larry King and Jonathan Oatis)

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