SAN DIEGO (AP) — Republican presidential nominee Donald Trump wants a five-week delay in a trial over whether the now-defunct Trump University defrauded customers because his lead attorney has a scheduling conflict.

Trump attorney Daniel Petrocelli asked a federal judge in San Diego to move the trial from Nov. 28 to Jan. 2. Both dates fall between the presidential election and inauguration.

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The judge didn’t immediately make a decision.

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Petrocelli said in a court filing Monday that he represents Sirius XM Radio Inc. in a trial scheduled for Nov. 15. The judge in that case denied a delay.

A 6-year-old class-action lawsuit alleges Trump University fleeced customers with unfilled promises to teach success in real estate. Trump has strongly criticized the judge, Gonzalo Curiel, noting his Mexican heritage.

Plaintiffs say they oppose the delay.

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