So the arbitrator had the power to issue the temporary restraining order without notice to Daniels because the confidential agreement alllowed it, according to the arbitrator http://msnbcmedia.msn.com/i/TODAY/z_Creative/arbitration%20TRO.pdf …
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In federal court one can get a TRO without notice only by offering a compelling reason, including that giving notice would give defendant the opportunity to do the very thing the TRO seeks to enjoin. Otherwise did process and federal rules require notice
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Also interesting is that Daniels is enjoined from disclosing existence of the arbitrator issuing the TRO. Did she violate the order by filing the court complaint?
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Finally worth noting that Trump is not a party here. The only party is the limited liability corporation created to fund the $130,000 payment to Daniels. I had thought Cohen dissolved that LLC.
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So someone pointed me to the ADR rules, which like federal and CA law, generally requires giving notice of a hearing for emergency relief, or offering a good reason not to give noticepic.twitter.com/UVf5FnbeSY
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States “without limitation” so likely relying on that. I vehemently dislike Trump, but if she was threatening to disclose, an ex party application could have been warranted if he thought notice would cause her to disclose photos or information prior to a decision.
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