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

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TABLE OF CONTENTS
PAGE

WITNESSES
None

EXHIBITS

RECEIVED

None offered.

Pontiac, Michigan

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

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5

THE CLERK: Tsimhoni versus Tsimhoni, case number

09-766749-DM.

MS. MIDDLEDITCH: Good morning, Your Honor.

Keri

Middleditch on behalf of the defendant Omer Tsimhoni who

is present in the courtroom today.

MR. BOSSORY: Good morning, Your Honor.

Andrew

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Bossory appearing on behalf of plaintiff, Dr. Maya

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

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

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

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

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the parenting time supervisor, is also present in the

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courtroom.

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THE COURT: Good morning everyone.

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MS. MIDDLEDITCH: Your Honor, as this Court is

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

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

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motion I filed against the plaintiff.

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Court's indulgence.

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interests of the children I have spoken with Mr. Bossory

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

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reached a resolution.

I appreciate the

In an effort to serve the best

And, I would like the opportunity

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to place it on the record.

THE COURT: All right.

MS. MIDDLEDITCH: It's my understanding that

mother is going to admit that she failed to bring the

children to parenting time as required by order of the

Court on March 23rd and March 24th.

will agree to adjourn the show cause hearing scheduled

today to a date left to be determined by the Court

depending on what happens in the foreseeable future.

In light of that I

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would agree that in the event we do ultimately end up

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going hearing I won't object to mother offering testimony

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

13

on the 23rd and 24th.

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It is my understanding that mother will turn

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

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be detained for the day.

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

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not detained in the Oakland County Jail over the weekend.

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It's my understanding that the

I'm asking that mother and all three children

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have a tour of Children's Village.

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

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Mr. Lansat, not myself or Mr. Bossory.

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In the event that they

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

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Village will let children tour.

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Something might have changed recently.

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I'm not so sure.

So, you'll have to

look into it.

So, if they can't do it, they can't do it.

But, definitely mom.

MR. BOSSORY: Sure.

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

asking that the children be required to come here next

week for their spring break.

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

they come here, Monday through Thursday next week, and

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

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I don't think that they have

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

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I would indicate that my client will come here

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

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not available on Monday.

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town.

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16

I want to be clear.

He's out of

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

here on Monday?

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MR. BOSSORY: To the jury room.

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MS. MIDDLEDITCH: For their spring break.

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

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room.

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agreed to mother's expense.

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else present.

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24
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I would have Mr. Gallagher present.

I think they

I would also have someone

THE COURT: On Monday though?

'Cause Mr.

Gallagher I thought was the supervisor.

MR. LANSAT: Right, Mr. Gallagher said -5

MR. BOSSORY: Yeah.

MR. LANSAT: -- he's available.

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

Monday.

MR. LANSAT: He couldn't --

THE COURT: Right.

MR. LANSAT: -- be here.

Mr. Gallagher's

available.

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

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

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children.

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THE COURT: Okay.

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

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THE COURT: It works for the Court.

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Okay.

I'm just clarifying --

My jury room

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

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MS. MIDDLEDITCH: Thank you, Your Honor.

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MR. LANSAT: Wednesday may though be an issue in

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the morning though.

THE COURT: It will be an issue on Wednesday

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

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Judge Grant's and Bowman's?

Which --

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THE CLERK: Bowman's.

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THE COURT: We use Bowman's.

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25

We use

We can see.

We'll

find one available for you.

MS. MIDDLEDITCH: Thank you, Your Honor.
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appreciate the Court's indulgence.

MR. BOSSORY: Thank you, Judge.

THE COURT: In advance so that they know where to

go on Wednesday.

MS. MIDDLEDITCH: In addition, my understanding

is that plaintiff will pay my attorney fees for the month

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

today forthwith in the amount of $11,000.

responsible for paying the guardian ad litem fees

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forthwith.

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order totaling that amount.

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She's also

He will provide a statement to her in short

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

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

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appreciated.

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

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MR. BOSSORY: Thank you.

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MS. MIDDLEDITCH: In addition, mother is

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responsible for the parenting time supervisor fees going

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forward.

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And, lastly, certainly not least, the parties

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agree to attend the Family Bridges Program.

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the sole cost of mother, the plaintiff.

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Bossory made a representation that there could have been a

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-- a weekend available in April.

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indicate for the Court record my client has some travel

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It will be at

I know that Mr.

However, I would

plans for work, not pleasure, in April.

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

that as soon as possible.

And, so I think

It is my understanding that after the conclusion

of spring break week when the children are coming here,

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

in conjunction with our clients, will work out parenting

time as it relates to my client and the children.

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

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can get into the Family Bridges Program.

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

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those specific details.

13

I'm sure it will

MR. LANSAT: Your Honor, I would suggest perhaps

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

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

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can call it.

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MS. MIDDLEDITCH: That's fine with me.

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MR. LANSAT: I think if we have those target

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

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attorneys.

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times, work everything out.

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the Court is available.

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24
25

And, usually we've been able to, these last

But, in case we can't, then

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

Honor.
MR. BOSSORY: Is it -- is it possible to do it
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not on a Wednesday?

MR. LANSAT: That's fine.

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

Wednesday.

MS. MIDDLEDITCH: Whenever the Court pleases.

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

my --

MR. BOSSORY: Sure.

Sure.

MS. MIDDLEDITCH: Your Honor --

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THE CLERK: How far out?

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MR. LANSAT: It would -- oh yeah.

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MS. MIDDLEDITCH: After next week after spring

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break.

So--

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

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MS. MIDDLEDITCH: Is next week --

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THE COURT: There's no opening.

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

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completely -- are we completely booked next week?

I mean if you

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THE CLERK: Yeah.

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

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eighth anyway.

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23

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

--

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25

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

13th.
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MR. BOSSORY: I'm out --

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

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4
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9

afternoon?
MR. BOSSORY: -- on the 17th but the first part
of the week.
THE COURT: It's -- it's complete -- look at it.
It's completely full.
MS. MIDDLEDITCH: Is there any chance that we
could just meet here and work it out and enter an order on

10

the 13th without the Court's intervention?

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THE COURT: Yeah, sure.

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MS. MIDDLEDITCH: -- admit an order?

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Just simply --

I don't

expect to have to go on the record.

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THE COURT: Okay.

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MR. BOSSORY: Sure.

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THE COURT: All right.

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jury room on Wednesday from 9:00 to 4:30.

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

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

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right here.

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22

It will be Judge Grant's

Excuse me, from
And,

Judge Grant's is right next door.

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

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

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MS. MIDDLEDITCH: That is true.

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

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MS. MIDDLEDITCH: We were supposed to originally

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That was --

come here on the show cause.

MR. LANSAT: Right, that was --

MR. BOSSORY: Yeah, that was the original show

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cause date.

Is that still --

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

that's perfect.
MS. MIDDLEDITCH: Because then -- then can we
just keep that -MR. LANSAT: Yeah, right.
MS. MIDDLEDITCH: -- in case we need it?

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Understanding that we're not planning on going to an

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evidentiary hearing that day.

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THE COURT: Yep.

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MS. MIDDLEDITCH: Is that okay, Omer?

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THE DEFENDANT: What is it?

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MS. MIDDLEDITCH: The 14th.

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

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THE DEFENDANT: Thursday?

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MS. MIDDLEDITCH: Are you good with that?

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THE COURT: Tuesday.

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THE DEFENDANT: Tuesday.

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MR. LANSAT: Yeah.

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MS. MIDDLEDITCH: Yeah.

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Your Honor --

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THE COURT: 1:30?

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MS. MIDDLEDITCH: Yeah.

THE COURT: Okay.

MS. MIDDLEDITCH: Is that all right with the

Court?

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6

THE COURT: Yes.

It was apparently on the

schedule.

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8

Yep.

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

things if I may, Your Honor.

Your Honor, I have worked out a resolution for

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one reason and one reason -- actually three reasons and

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three reasons only; Liam, Natalie, and Rowie.

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

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last time that I can in good faith negotiate something

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

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I just want to put that out there.

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

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days.

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have a relationship with his kids.

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

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this for that reason.

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will not be given.

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I hope this works.

In my mind,

This is the

If I have to come back

I very much desire my client to

And, as his advocate

After today, that consideration

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

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

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

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

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Middleditch, the GAL, and the Court.

And, I'm very

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

the coming weeks.

on the Family Bridges Program.

about that program.

Particularly since we have an agreement

I'm -- I'm very optimistic

Thank you, Judge.

THE COURT: Well, the Court is aware that the

Family Bridges has an excellent success rate.

worked before in one of my other horrific parental

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alienation cases.

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It has

So, hopefully it will work again.

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

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this and I want you to hear this.

If Ms. Middleditch was

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

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great chance you were getting 90 hard, which meant 75

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hard.

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In all honesty, this is my vacation day.

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

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important I feel this case is.

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

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relationship with their dad.

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day.

I mean I need you to understand that.

This was it.

I came in and

Made arrangements for my

The courtroom was yours all

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I have daycare arranged till 4:55.

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

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to do?

I mean I know -- you -- you'd probably rather be

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

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

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good start.

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3

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

anything?

MR. LANSAT: I have nothing, Your Honor.

THE COURT: Okay.

I will say what I said to, and

privately, about Mr. Bossory.

I am very impressed with

you and I appreciate the efforts you have made.

said this previously.

Middleditch.

I have

I'm not -- I'm not discounting Ms.

You know he is newer to the case.

You know

10

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

11

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

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

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hard work you're putting in this case.

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MR. BOSSORY: Thank you, Judge.

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THE COURT: As the other attorneys too.

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

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This is my last attempt though.

MS. MIDDLEDITCH: May I inquire of the Court?

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indicated that I would be adjourning my show cause that

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was scheduled for today.

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

22

the issues before the Court.

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that we go about doing that?

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25

Procedurally, I'd like some

How does the Court desire

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

want to have to happen is for me to go through the -- the
14

sense of really like filing another show cause, do you

know what I'm saying?

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

the pleadings.

If it's necessary I would say just file a

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

notice on the Court's calendar --

THE COURT: We have a date?

MR. BOSSORY: -- to make sure that

(indiscernible) available.

10
11

MR. LANSAT: Your Honor, without -- adjourn -adjourn without -- without a new date subject --

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

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

14

hearing.

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MR. BOSSORY: Yeah.

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

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You

just call --

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MS. MIDDLEDITCH: Okay.

Thank you.

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THE COURT: Does that work for everybody?

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

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

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our clerk, work out the dates --

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MR. BOSSORY: Yep, that's --

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MS. MIDDLEDITCH: -- and file a notice of

25

hearing.
15

THE COURT: It would make sense 'cause in all

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

money.

4
5

So, I'd rather save you both money.

All right.

So, do you want to -- do you need to

-- either one need to voir dire?

You're okay?

MR. BOSSORY: I think we're okay.

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

agreeing to this?

THE DEFENDANT: Yes.

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11

THE COURT: Mom, you have to say yes.

You're agreeing to it?

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THE PLAINTIFF: Yes.

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THE COURT: All right.

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Okay.

here 9:00 a.m. sharp?

You're going to be back

Is that a yes?

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THE PLAINTIFF: Yes.

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THE COURT: All right.

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MS. BOSSORY: In the courtroom -- in the

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courtroom, correct?

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THE COURT: In this courtroom and then I guess we

20

should probably write out the order.

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blank order so that we can give the deputies just that

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handwritten blank order that details the specifics.

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You want to take a

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

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

25

issues.

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

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the clear language.

THE COURT: Didn't I just say that?

MR. LANSAT: Thank you.

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

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

also the deputies are going to need something to take with

them.

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9

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

the detention tomorrow.

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THE COURT: That's -- yeah.

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

12

Wow, a lot of echoes today, Your Honor.

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14

THE COURT: All right.

luck.

All right.

So, good

Good luck.

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MR. BOSSORY: Thank you, Judge.

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

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18
19

the orders.
(At 11:07 a.m., proceeding concluded.)
* * * * * *

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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

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