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A New York appeals court has denied a motion by President Donald Trump's attorney to stay the Summer Zervos defamation case pending appeal, meaning the gathering of evidence known as "discovery" can move forward as both parties await a ruling on the appeal.Zervos, a former "Apprentice" contestant, filed a lawsuit against Trump in January 2017 in which she alleged that Trump defamed her in 2016 after she said he sexually assaulted her in 2007.Trump's lawyer, Marc Kasowitz, is appealing the March 20 ruling by New York Supreme Court Justice Jennifer Schecter, who allowed the case to go forward. He wants the appellate court to revisit the matter of whether the Constitution's Supremacy Clause bars a state court from hearing an action against a sitting president -- what would be considered immunity, because it would make the President immune from suit. Schecter ruled it does not. Kasowitz also argues that Schecter erred in denying the President's motion to dismiss or delay the case on First Amendment grounds.Kasowitz said his motion should be granted on the grounds that New York and federal law both mandate a stay pending appeal, that proceeding with the case could irreparably harm Trump, and that the temporary suspension being sought was not designed to delay the case. But the Appellate Division of the New York Supreme Court denied his motion in a one-page ruling."We look forward to proving Ms. Zervos's claim that defendant lied when he maliciously attacked her for reporting his sexually abusive behavior," said Zervos' attorney, Mariann Meier Wang. Kasowitz did not immediately respond to a request for comment on the ruling.Earlier this month, Zervos' team issued subpoenas to Metro-Goldwyn-Mayer and the Beverly Hills Hotel as part of their effort to prove that Trump lied "when he falsely denigrated Ms. Zervos and denied sexually assaulting her," Wang said. She set a May 31 deadline for both companies to comply with the subpoena for the material requested.MGM owns the archives of "The Apprentice" and Wang wants the company to hand over all documents, video or audio that feature Zervos or Trump talking about Zervos and any recording in which Trump speaks of women in a sexual or inappropriate manner. Wang also wants to depose an MGM representative to inquire about how recordings of "The Apprentice" are stored and maintained, who has access to them, and when, if ever, they were transferred or destroyed.The subpoena asks for "(a)ll video and audio recordings that include Donald J. Trump talking or commenting on the female candidates or female potential candidates of any season of The Apprentice in any sexual or inappropriate manner, including without limitation any statements or comments by Donald J. Trump concerning any female candidate's or potential candidate's body or body parts and/or his sexual or romantic desire or intention concerning any female candidate or potential candidate."Wang also wants records from the Beverly Hills Hotel of any stay by Trump from 2005 through 2009 and documents related to his longtime bodyguard Keith Schiller, his longtime assistant Rhona Graff or Zervos and for "(a)ll video recordings that depict the entrances, common areas, or bungalow areas of the Beverly Hills Hotel during the month of December 2007."The-CNN-Wire 3308

A Palm Beach Gardens (Fla.) High School teacher has been removed from the classroom, pending an investigation into an interaction with a Haitian student, in which the teacher refers to the country as “some third-world island country."A video of the incident was posted on the Facebook page of the student’s family and has received tens of thousands of views.In the video, you can hear the teacher talk to the student“It’s called a door, let me show you how it works,” the teacher said. “I don’t know how it works where you’re from, down in some third-world island country, where they don’t got them. Let me show you what it’s like in America.”“That was a racist comment,” said Haitian activist and radio host James Leger. “It’s hurtful and I’m hurt and the community is hurting.”Leger said his phones were ringing non-stop Thursday morning when he addressed the topic on his radio show.The family of the student said they first went to the school to address the issue but when no action was taken, they posted the video online.On Thursday morning, Palm Beach Gardens High parents got this call from the principal:“Hello Parents, this is Principal Larry Clawson. Many of you may have heard media reports of a video circulating of one of our teachers verbally interacting with a student in a potentially inappropriate manner. This call is to assure you I am aware of the video and the matter is being addressed by professional standards at this time. Because this is an open inquiry, I am not at liberty to share any additional details with you, but I wanted to assure you we have processes in place to review incidents like this.”Some former and current students are defending the teacher.“Great coach, great man, great father figure,” one person wrote.Others are saying the teacher was simply joking.“That man jokes all day. I still have a video of him from 2011 rapping,” another person wrote.But for some in the Haitian community, the incident was no laughing matter.“I couldn’t take that as a joke,” Leger said. “Even if it was a joke that’s gone too far.”Leger is organizing a rally outside of the school Friday morning at 7 a.m. He said they’re not asking for the teacher to be fired. “We just want an apology,” Leger said. “I don’t want this to keep happening to other students.” 2313

A popular New Jersey restaurant is drawing criticism for a policy making underage customers pay an 18 percent tip for their order, the New York Post reported.The Wayne Hills Diner in Wayne, New Jersey is reportedly a popular spot for teenagers and children after school, but its management says that children don't always tip. That is why it has enforced a policy adding gratuity to underage customers, but not adults."My employees need to get paid. They don't work for free," the restaurant's manager told the Post. The restaurant says it is not trying to scare off young customers. "We love the kids. They've been coming for years. We're a family-owned business," the manager told the New York post. "There's too much publicity for nothing. But some parents think it is unfair to make children tip, while not making adults add gratuity."I was angry because I had been there the week before and I had been there with a group of five, some kids and some children, and I was not charged this gratuity," long-time customer Melissa Desch told WABC-TV.Desch said that her 11-year-old daughter spotted the added gratuity after she got her receipt. "He said that's policy because the kids run out and he feels that they don't tip well, and they don't know how to tip was the explanation," she told WABC. "I said I could understand that, but again, they're not being given the option, they're being forced to pay them." 1445

A teenager suspected of opening fire at a high school near Spokane, Washington and killing one student told detectives he wanted to teach others a lesson, court documents released Thursday said.The suspect has been charged with one count of murder and three counts of attempted murder after a deadly shooting at the at Freeman High School on Wednesday, the Spokane County sheriff's office said in a statement.Authorities say the shooter, a sophomore at the school, pulled a handgun and started shooting indiscriminately inside the school until a janitor approached him and ordered him to surrender. During the shooting, a student was killed. 649

A Southwest Airlines flight with 117 people aboard slid off a runway on Thursday at California's Hollywood Burbank Airport during heavy rain, the Federal Aviation Administration said.There were no injuries reported, FAA spokesman Ian Gregor said.Flight 278, a Boeing 737-700 that originated in Oakland, California, came to a stop after running through an area of crushable material designed to bring an airplane to a halt, he said.The airport is open, and all airlines are operational, the airport tweeted. One runway has been closed.There were 112 passengers and five crew members on the flight, Southwest spokeswoman Brandy King said. Southwest tweeted the airline will refund the passengers ticket costs and will make an "additional gesture of goodwill."Around the time of the incident, visibility at the airport dropped to 1 mile. The area is experiencing heavy rain -- up to a half inch in an hour at one point, and a flood advisory is in effect for Los Angeles County, where the airport is located.The FAA implemented a ground stop that kept incoming flights in the air for an extra 45 minutes.Over six hours, the area received 1.66 inches of rain. Its monthly average is 2.4 inches.The-CNN-Wire 1209

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