Case 2:18-cv-02217-SJO-FFM Document 91 Filed 11/05/18 Page 1 of 3 Page ID #:2563

AVENATTI & ASSOCIATES, APC
Michael J. Avenatti, State Bar No. 206929
2 Ahmed Ibrahim, State Bar No. 238739
520 Newport Center Drive, Suite 1400
3 Newport Beach, CA 92660
Telephone: 949.706.7000
4 Facsimile: 949.706.7050
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Attorneys for Plaintiff Stephanie Clifford
a.k.a. Stormy Daniels a.k.a. Peggy Peterson

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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STEPHANIE CLIFFORD a.k.a.
STORMY DANIELS a.k.a. PEGGY
PETERSON, an individual,

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Plaintiff,
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vs.
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DONALD J. TRUMP a.k.a. DAVID
DENNISON, and individual,
17 ESSENTIAL CONSULTANTS, LLC, a
Delaware Limited Liability Company,
18 MICHAEL COHEN and DOES 1
through 10, inclusive,
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CASE NO.: 2:18-cv-02217-SJO-FFM
PLAINTIFF’S NOTICE OF MOTION
AND MOTION FOR LEAVE TO
AMEND TO FILE SECOND
AMENDED COMPLAINT
Hearing Date: December 3, 2018
Hearing Time: 10:00 a.m.
Location:
Courtroom 10C

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Defendants.

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PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND TO FILE SECOND
AMENDED COMPLAINT

 Case 2:18-cv-02217-SJO-FFM Document 91 Filed 11/05/18 Page 2 of 3 Page ID #:2564

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT on December 3, 2018, in Courtroom 10C of the

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above-referenced Court, pursuant to Federal Rule of Civil Procedure 15(a), Plaintiff

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Stephanie Clifford a.k.a. Stormy Daniels a.k.a. Peggy Peterson (“Plaintiff”) will and does

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hereby move this Court for leave to amend and file a Second Amended Complaint.

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Plaintiff bases this motion upon this Notice of Motion; the concurrently filed

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Memorandum in Support of Plaintiff’s Motion for Leave to Amend, the Declaration of

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Ahmed Ibrahim in Support of Plaintiff’s Motion for Leave to Amend, the pleadings and

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record in this action; and such further argument and evidence as this Court may consider

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at or before the hearing on this motion.

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On October 26, 2018, Plaintiff filed her Response to Defendant Michael Cohen’s

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Special Motion to Strike in which Plaintiff notified Defendant Michael Cohen that she

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would be filing this Motion. [Dkt. 90 at 1, 6-7.] On October 29, Plaintiff’s counsel spoke

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with Mr. Cohen’s attorney, Brent Blakely, on the phone and advised Mr. Blakely of the

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relief sought in this Motion in an effort to meet and confer pursuant to Local Rule 7-3.

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[Declaration of Ahmed Ibrahim in Support of Motion for Leave to Amend, ¶3.] The same

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day, Plaintiff’s counsel sent a follow up e-mail relating to the meet and confer. [Id. Exh.

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C.] Plaintiff’s counsel stated “I am happy to drive up to your office in Manhattan Beach

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this afternoon to confer in person.” [Id.] Mr. Blakely advised that he would not be

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available to meet and confer in person until Thursday, November 1. [Id., ¶3 Exh. A.] In

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the meantime, the parties continued to have meet and confer communications by e-mail.

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[Id.] Plaintiff’s counsel and Mr. Blakely then met and conferred in person on November

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1. [Id., ¶4.] However, the parties were unable to reach a resolution and Mr. Blakely

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confirmed that Mr. Cohen would oppose Plaintiff’s motion. [Id.]

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Dated: November 5, 2018

AVENATTI & ASSOCIATES, APC

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By:
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/s/ Michael J. Avenatti
Michael J. Avenatti
Ahmed Ibrahim

-1PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND TO FILE SECOND AMENDED
COMPLAINT

 Case 2:18-cv-02217-SJO-FFM Document 91 Filed 11/05/18 Page 3 of 3 Page ID #:2565

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Attorneys for Plaintiff Stephanie Clifford
a.k.a. Stormy Daniels a.k.a. Peggy Peterson

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-2PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND TO FILE SECOND AMENDED
COMPLAINT