A Manhattan federal judge on Wednesday rejected Michael Avenatti’s request to delay a planned Jan. 24 wire fraud and identity theft trial involving his former client Stormy Daniels, despite a record surge of COVID-19 cases in the city.

U.S. District Judge Jesse M. Furman, however, said in a brief order that he would continue “closely monitoring” the public health situation and would “revisit the issue” if he later concluded that the proceedings could not happen safely or in a way that would ensure Avenatti’s right to a fair trial.