A U.S. district court judge denied the request by Michael Avenatti and his client Stormy Daniels, the porn star also known as Stephanie Clifford, to depose President Donald Trump on the grounds that the filing was premature.

Judge S. James Otero, a district court judge in the central district of California had denied Avenatti’s motion due to “procedural grounds” said Avenatti, adding that he and his client fully intend to refile as soon as President Trump and his lawyer filed their much anticipated motion to seek private arbitration in an effort to not appear before an actual judge.

“We expect this any day,” said Avenatti confidently.

Otero said Avenatti’s motion to depose the president was “premature and must be denied.” Citing that although the President and his personal lawyer Michael Cohen “have stated their intention to file a petition to compel arbitration, they have not yet done so.”

“If such a petition were filed, a number of the questions raised in the Plaintiff’s Motion may be answered in the petition, thus limiting the need for discovery on these issues. If such a petition is never filed, Plaintiff’s Motion is moot,” wrote Otero.

Daniels filed a lawsuit against the president on March 6 in an effort to void a non-disclosure agreement between herself and Trump that was brokered by Trump’s personal attorney, Cohen, whpaid the porn star $130,000 in hush money out of his own pocket. Avenatti argues that the agreement can not be considered valid since Trump had never personally signed it.

The president is seeking $20 million in damages from Daniels for her violation of the nondisclosure agreement.