1

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

MAYA EIBSCHITZ-TSIMHONI,

Plaintiff,

v No. 09-766749-DM

OMER G. TSIMHONI,

Defendant./

MOTION HEARING

BEFORE THE HONORABLE LISA O. GORCYCA

Pontiac, Michigan - Thursday, April 2, 2015

APPEARANCES:

For the Plaintiff: ANDREW M. BOSSORY (P74364)

Lorandos Joshi

24000 South Huron Parkway

Ann Arbor, Michigan 48104

(734) 327-5030

For the Defendant: KERI MIDDLEDITCH (P63088)

Alexander Eisenberg Middleditch

& Spilman, PLLC

600 South Adams Road, Suite 100

Birmingham, Michigan 48009

(248) 358-8880

Guardian Ad Litem: WILLIAM LANSAT (P36752)

280 North Old Woodward Avenue

Suite 250

Birmingham, Michigan 48009

(248) 258-7074

Transcript Provided by: Accurate Transcription Services, LLC

Firm # 8493

(734)944-5818

Transcribed by: Kara Van Dam, CER #7987

2

TABLE OF CONTENTS

PAGE

WITNESSES

None

EXHIBITS RECEIVED

None offered.

3

Pontiac, Michigan 1

Thursday, April 2, 2015 - 10:54 a.m. 2

* * * * * * 3

THE CLERK: Tsimhoni versus Tsimhoni, case number 4

09-766749-DM. 5

MS. MIDDLEDITCH: Good morning, Your Honor. Keri 6

Middleditch on behalf of the defendant Omer Tsimhoni who 7

is present in the courtroom today. 8

MR. BOSSORY: Good morning, Your Honor. Andrew 9

Bossory appearing on behalf of plaintiff, Dr. Maya 10

Eibschitz-Tsimhoni who is present and along with me today. 11

MR. LANSAT: William Lansat, GAL, Your Honor. 12

MS. MIDDLEDITCH: Your Honor, for the record, I 13

would like the record to reflect that Art Gallagher (ph), 14

the parenting time supervisor, is also present in the 15

courtroom. 16

THE COURT: Good morning everyone. 17

MS. MIDDLEDITCH: Your Honor, as this Court is 18

well aware, this is the date and time scheduled -- you may 19

sit down -- for my hearing as it relates to the show cause 20

motion I filed against the plaintiff. I appreciate the 21

Court's indulgence. In an effort to serve the best 22

interests of the children I have spoken with Mr. Bossory 23

and Mr. Lansat at length and I believe that we have 24

reached a resolution. And, I would like the opportunity 25

4

to place it on the record. 1

THE COURT: All right. 2

MS. MIDDLEDITCH: It's my understanding that 3

mother is going to admit that she failed to bring the 4

children to parenting time as required by order of the 5

Court on March 23rd and March 24th. In light of that I 6

will agree to adjourn the show cause hearing scheduled 7

today to a date left to be determined by the Court 8

depending on what happens in the foreseeable future. I 9

would agree that in the event we do ultimately end up 10

going hearing I won't object to mother offering testimony 11

as to why she did not bring the children to parenting time 12

on the 23rd and 24th. 13

It is my understanding that mother will turn 14

herself in tomorrow morning at 9:00 a.m. to the Court to 15

be detained for the day. It's my understanding that the 16

Court is able to release her prior to 5:00 so that she is 17

not detained in the Oakland County Jail over the weekend. 18

I'm asking that mother and all three children 19

have a tour of Children's Village. In the event that they 20

have to have any attorney present, I would ask that it be 21

Mr. Lansat, not myself or Mr. Bossory. 22

THE COURT: I am not so sure that Children's 23

Village will let children tour. I'm not so sure. 24

Something might have changed recently. So, you'll have to 25

5

look into it. So, if they can't do it, they can't do it. 1

But, definitely mom. 2

MR. BOSSORY: Sure. 3

MS. MIDDLEDITCH: In addition, Your Honor, I am 4

asking that the children be required to come here next 5

week for their spring break. I don't think that they have 6

obeyed these Court's orders either and I'm asking that 7

they come here, Monday through Thursday next week, and 8

spend some time in your jury room or a jury room you 9

determine to be appropriate from 9:00 to 4:30. 10

I would indicate that my client will come here 11

and exercise as much parenting time as he can but he is 12

not available on Monday. I want to be clear. He's out of 13

town. 14

THE COURT: So, why -- are -- the kids are coming 15

here on Monday? 16

MR. BOSSORY: To the jury room. 17

MS. MIDDLEDITCH: For their spring break. 18

MR. LANSAT: What I was -- they'd be in the jury 19

room. I would have Mr. Gallagher present. I think they 20

agreed to mother's expense. I would also have someone 21

else present. 22

THE COURT: On Monday though? 'Cause Mr. 23

Gallagher I thought was the supervisor. 24

MR. LANSAT: Right, Mr. Gallagher said -- 25

6

MR. BOSSORY: Yeah. 1

MR. LANSAT: -- he's available. 2

THE COURT: Dad's not going to be there on 3

Monday. 4

MR. LANSAT: He couldn't -- 5

THE COURT: Right. 6

MR. LANSAT: -- be here. Mr. Gallagher's 7

available. 8

MS. MIDDLEDITCH: It's not just for the parenting 9

time, Your Honor, it's given what's gone on with the 10

children. 11

THE COURT: Okay. Okay. I'm just clarifying -- 12

MS. MIDDLEDITCH: If that's okay with the Court. 13

THE COURT: It works for the Court. My jury room 14

we'll -- we'll make it available. 15

MS. MIDDLEDITCH: Thank you, Your Honor. 16

MR. LANSAT: Wednesday may though be an issue in 17

the morning though. 18

THE COURT: It will be an issue on Wednesday 19

morning, but maybe we can see if -- who do we use? We use 20

Judge Grant's and Bowman's? Which -- 21

THE CLERK: Bowman's. 22

THE COURT: We use Bowman's. We can see. We'll 23

find one available for you. 24

MS. MIDDLEDITCH: Thank you, Your Honor. I 25

7

appreciate the Court's indulgence. 1

MR. BOSSORY: Thank you, Judge. 2

THE COURT: In advance so that they know where to 3

go on Wednesday. 4

MS. MIDDLEDITCH: In addition, my understanding 5

is that plaintiff will pay my attorney fees for the month 6

of February and March as well as yesterday to today -- and 7

today forthwith in the amount of $11,000. She's also 8

responsible for paying the guardian ad litem fees 9

forthwith. He will provide a statement to her in short 10

order totaling that amount. 11

MR. BOSSORY: And, if Mr. Lansat could provide a 12

copy of that statement to me as well, that would be 13

appreciated. 14

MR. LANSAT: I'll give it to Mr. Bossory. 15

MR. BOSSORY: Thank you. 16

MS. MIDDLEDITCH: In addition, mother is 17

responsible for the parenting time supervisor fees going 18

forward. 19

And, lastly, certainly not least, the parties 20

agree to attend the Family Bridges Program. It will be at 21

the sole cost of mother, the plaintiff. I know that Mr. 22

Bossory made a representation that there could have been a 23

-- a weekend available in April. However, I would 24

indicate for the Court record my client has some travel 25

8

plans for work, not pleasure, in April. And, so I think 1

we need to work around his work schedule and we will do 2

that as soon as possible. 3

It is my understanding that after the conclusion 4

of spring break week when the children are coming here, 5

the guardian ad litem, myself, and Mr. Bossory, of course 6

in conjunction with our clients, will work out parenting 7

time as it relates to my client and the children. 8

Certainly part of that's going to be based on when they 9

can get into the Family Bridges Program. I'm sure it will 10

involve dinners and what have you, but we have to work out 11

those specific details. 12

MR. LANSAT: Your Honor, I would suggest perhaps 13

we'd set a date to come back here so we do that on the 14

record with an order, and if there's an issue the Judge 15

can call it. 16

MS. MIDDLEDITCH: That's fine with me. 17

MR. LANSAT: I think if we have those target 18

dates everybody knows to be here; mother, father, the 19

attorneys. And, usually we've been able to, these last 20

times, work everything out. But, in case we can't, then 21

the Court is available. 22

MS. MIDDLEDITCH: That's fine with me, Your 23

Honor. 24

MR. BOSSORY: Is it -- is it possible to do it 25

9

not on a Wednesday? 1

MR. LANSAT: That's fine. 2

THE COURT: It would be better not to do it on a 3

Wednesday. 4

MS. MIDDLEDITCH: Whenever the Court pleases. 5

THE COURT: You'll just have to get the date with 6

my -- 7

MR. BOSSORY: Sure. Sure. 8

MS. MIDDLEDITCH: Your Honor -- 9

THE CLERK: How far out? 10

MR. LANSAT: It would -- oh yeah. 11

MS. MIDDLEDITCH: After next week after spring 12

break. So-- 13

MR. BOSSORY: I'm going to be -- 14

MS. MIDDLEDITCH: Is next week -- 15

THE COURT: There's no opening. I mean if you 16

want to -- if you're going to need my time, are we 17

completely -- are we completely booked next week? 18

THE CLERK: Yeah. 19

MR. BOSSORY: Next week I can't do the seventh or 20

eighth anyway. 21

MR. LANSAT: Your Honor, does the Court have any 22

-- 23

THE COURT: No, she's looking at the week of the 24

13th. 25

10

MR. BOSSORY: I'm out -- 1

MR. LANSAT: Do you have the 13th in the 2

afternoon? 3

MR. BOSSORY: -- on the 17th but the first part 4

of the week. 5

THE COURT: It's -- it's complete -- look at it. 6

It's completely full. 7

MS. MIDDLEDITCH: Is there any chance that we 8

could just meet here and work it out and enter an order on 9

the 13th without the Court's intervention? Just simply -- 10

THE COURT: Yeah, sure. 11

MS. MIDDLEDITCH: -- admit an order? I don't 12

expect to have to go on the record. 13

THE COURT: Okay. 14

MR. BOSSORY: Sure. 15

THE COURT: All right. It will be Judge Grant's 16

jury room on Wednesday from 9:00 to 4:30. Excuse me, from 17

9:00 till noon, and then my jury room from noon on. And, 18

just so everyone knows, Judge Grant's -- my jury room is 19

right here. Judge Grant's is right next door. 20

MR. LANSAT: Judge you had -- you did have the 21

time of the 14th at 1:30 scheduled for this. 22

MS. MIDDLEDITCH: That is true. That was -- 23

THE COURT: JJ, what's on the 14th at 1:30? 24

MS. MIDDLEDITCH: We were supposed to originally 25

11

come here on the show cause. 1

MR. LANSAT: Right, that was -- 2

MR. BOSSORY: Yeah, that was the original show 3

cause date. Is that still -- 4

THE COURT: I don't even see -- oh -- oh, then 5

that's perfect. 6

MS. MIDDLEDITCH: Because then -- then can we 7

just keep that -- 8

MR. LANSAT: Yeah, right. 9

MS. MIDDLEDITCH: -- in case we need it? 10

Understanding that we're not planning on going to an 11

evidentiary hearing that day. 12

THE COURT: Yep. 13

MS. MIDDLEDITCH: Is that okay, Omer? 14

THE DEFENDANT: What is it? 15

MS. MIDDLEDITCH: The 14th. 16

MR. LANSAT: That's the date we already had. 17

THE DEFENDANT: Thursday? 18

MS. MIDDLEDITCH: Are you good with that? 19

THE COURT: Tuesday. 20

THE DEFENDANT: Tuesday. 21

MR. LANSAT: Yeah. 22

MS. MIDDLEDITCH: Yeah. 23

Your Honor -- 24

THE COURT: 1:30? 25

12

MS. MIDDLEDITCH: Yeah. 1

THE COURT: Okay. 2

MS. MIDDLEDITCH: Is that all right with the 3

Court? 4

THE COURT: Yes. Yep. It was apparently on the 5

schedule. 6

MS. MIDDLEDITCH: So, I just want to say a couple 7

things if I may, Your Honor. 8

Your Honor, I have worked out a resolution for 9

one reason and one reason -- actually three reasons and 10

three reasons only; Liam, Natalie, and Rowie. In my mind, 11

as counsel for plaintiff (sic), this is it. This is the 12

last time that I can in good faith negotiate something 13

that doesn't require plaintiff to go to jail for 90 days. 14

I just want to put that out there. If I have to come back 15

before this Court for any reason I will say nothing but 90 16

days. I hope this works. I very much desire my client to 17

have a relationship with his kids. And, as his advocate 18

and as a guardian ad litem myself in many instances, I did 19

this for that reason. After today, that consideration 20

will not be given. 21

MR. BOSSORY: And, Judge, the -- the only thing I 22

can say is I -- hopefully I've represented to the Court 23

that I'm doing my -- my level best to make sure that this 24

relationship works, to work with my client, with Ms. 25

13

Middleditch, the GAL, and the Court. And, I'm very 1

hopeful and optimistic that -- that we'll have progress in 2

the coming weeks. Particularly since we have an agreement 3

on the Family Bridges Program. I'm -- I'm very optimistic 4

about that program. 5

Thank you, Judge. 6

THE COURT: Well, the Court is aware that the 7

Family Bridges has an excellent success rate. It has 8

worked before in one of my other horrific parental 9

alienation cases. So, hopefully it will work again. 10

Mother, I was prepared -- I want you to know 11

this and I want you to hear this. If Ms. Middleditch was 12

able to prove to me what she's alleged, there was a very 13

great chance you were getting 90 hard, which meant 75 14

hard. I mean I need you to understand that. This was it. 15

In all honesty, this is my vacation day. I came in and 16

gave you the whole day for this hearing because that's how 17

important I feel this case is. Made arrangements for my 18

child to affect -- so that your children could have a 19

relationship with their dad. The courtroom was yours all 20

day. I have daycare arranged till 4:55. 21

Mom and dad, are you sure this is what you want 22

to do? I mean I know -- you -- you'd probably rather be 23

on vacation, you'd rather probably have your children be 24

normal and love you, but this -- hopefully this will be a 25

14

good start. 1

Mr. Gallagher, Mr. Lansat, did you want to say 2

anything? 3

MR. LANSAT: I have nothing, Your Honor. 4

THE COURT: Okay. I will say what I said to, and 5

privately, about Mr. Bossory. I am very impressed with 6

you and I appreciate the efforts you have made. I have 7

said this previously. I'm not -- I'm not discounting Ms. 8

Middleditch. You know he is newer to the case. You know 9

I have sung her praise and Mr. Lansat's praise as well, 10

but I just wanted to say I'm impressed with the efforts 11

that you have done, your level of professionalism, and the 12

hard work you're putting in this case. 13

MR. BOSSORY: Thank you, Judge. 14

THE COURT: As the other attorneys too. 15

So, I'll look forward -- I will stay optimistic. 16

This is my last attempt though. 17

MS. MIDDLEDITCH: May I inquire of the Court? I 18

indicated that I would be adjourning my show cause that 19

was scheduled for today. Procedurally, I'd like some 20

guidance from you in the event that I feel I need to bring 21

the issues before the Court. How does the Court desire 22

that we go about doing that? 23

Do you understand -- I don't -- what I don't 24

want to have to happen is for me to go through the -- the 25

15

sense of really like filing another show cause, do you 1

know what I'm saying? 2

MR. BOSSORY: I think I'm -- we're -- we have all 3

the pleadings. If it's necessary I would say just file a 4

notice with -- you know a notice of hearing with enough 5

notice on the Court's calendar -- 6

THE COURT: We have a date? 7

MR. BOSSORY: -- to make sure that 8

(indiscernible) available. 9

MR. LANSAT: Your Honor, without -- adjourn -- 10

adjourn without -- without a new date subject -- 11

THE COURT: Do -- and we wouldn't need a motion. 12

MR. LANSAT: -- upon filing of a notice of 13

hearing. 14

MR. BOSSORY: Yeah. 15

THE COURT: We'll just set it for a hearing. You 16

just call -- 17

MS. MIDDLEDITCH: Okay. Thank you. 18

THE COURT: Does that work for everybody? 19

MS. MIDDLEDITCH: So, if -- if it's okay with the 20

Court then -- would -- I would call, gets some dates from 21

our clerk, work out the dates -- 22

MR. BOSSORY: Yep, that's -- 23

MS. MIDDLEDITCH: -- and file a notice of 24

hearing. 25

16

THE COURT: It would make sense 'cause in all 1

honesty it would just -- it will save you -- you both 2

money. So, I'd rather save you both money. 3

All right. So, do you want to -- do you need to 4

-- either one need to voir dire? You're okay? 5

MR. BOSSORY: I think we're okay. 6

THE COURT: Mom and dad, in open court, you're 7

agreeing to this? 8

THE DEFENDANT: Yes. 9

THE COURT: Mom, you have to say yes. Okay. 10

You're agreeing to it? 11

THE PLAINTIFF: Yes. 12

THE COURT: All right. You're going to be back 13

here 9:00 a.m. sharp? Is that a yes? 14

THE PLAINTIFF: Yes. 15

THE COURT: All right. 16

MS. BOSSORY: In the courtroom -- in the 17

courtroom, correct? 18

THE COURT: In this courtroom and then I guess we 19

should probably write out the order. You want to take a 20

blank order so that we can give the deputies just that 21

handwritten blank order that details the specifics. 22

MR. LANSAT: Matter of fact, Your Honor, I'm also 23

here tomorrow too so I can make sure that there isn't 24

issues. But, I think we need to get a separate order with 25

17

the clear language. 1

THE COURT: Didn't I just say that? 2

MR. LANSAT: Thank you. 3

THE COURT: So, you can put it in the original 4

one, the -- the one lengthy one you're going to do, but 5

also the deputies are going to need something to take with 6

them. 7

MS. BOSSORY: Let's do a separate order then for 8

the detention tomorrow. 9

THE COURT: That's -- yeah. 10

MS. MIDDLEDITCH: That's what she just said. 11

Wow, a lot of echoes today, Your Honor. 12

THE COURT: All right. All right. So, good 13

luck. Good luck. 14

MR. BOSSORY: Thank you, Judge. 15

MR. LANSAT: Don't leave yet though until we get 16

the orders. 17

(At 11:07 a.m., proceeding concluded.) 18

* * * * * *19

18

STATE OF MICHIGAN )

COUNTY OF OAKLAND )ss.

I certify that this transcript is a true and accurate

transcription to the best of my ability of the proceeding in

this case before the Honorable Lisa O. Gorcyca, as recorded by

the clerk.

Proceedings were recorded and provided to this

transcriptionist by the Circuit Court and this certified

reporter accepts no responsibility for any events that occurred

during the above proceedings, for any inaudible and/or

indiscernible responses by any person or party involved in the

proceeding or for the content of the recording provided.

Dated: July 13, 2015

___/S/ Kara Van Dam _______

Kara Van Dam, CER #7987