Judge Slams Plaintiffs for "Brazenness" in Repeatedly Seeking Delays
A Tel Aviv court has allowed a defamation lawsuit filed by Shote and Shay Hobal against journalist Sharon Shpurer and the newspaper Haaretz to be renewed, provided the plaintiffs pay NIS 10,000 in legal costs. The ruling came after the plaintiffs repeatedly sought extensions, prompting a sharp rebuke from Judge Efrat Bosani.
The lawsuit, originally filed in 2021, concerns publications from 2012 and 2013, which the plaintiffs claim were republished in 2016. They are seeking NIS 300,000 in damages without proof of loss. This is the second iteration of the case; the first, filed in 2017, was dismissed in 2020 for failure to submit an amended claim.
The current lawsuit was dismissed in May after the plaintiffs failed to submit their closing arguments by the deadline, despite numerous granted extensions. After the dismissal, Shpurer and Haaretz requested the ruling be changed to a dismissal with prejudice and for costs. Three days later, the plaintiffs submitted their arguments without permission, seeking to cancel the ruling and renew the proceedings.
The plaintiffs argued that delays were due to their attorney's eye surgery in June, providing a medical certificate. However, the court found the certificate did not prove the alleged limitations existed when the arguments were due, noting previous requests stated the arguments were already prepared.
Judge Bosani criticized the plaintiffs' request for another extension, calling it "brazen" given the circumstances. She stated that an "agreement is not a magic word" and that the plaintiffs were obligated to comply with court orders. The judge deemed their conduct improper, unnecessarily prolonging the proceedings and showing disrespect for the court and the defendants.
Despite the criticism, the judge denied the defendants' request to change the dismissal to a dismissal with prejudice, citing efficiency. The lawsuit will be reinstated if the plaintiffs pay the costs by October 5. If payment is not made, the dismissal will stand, and any new lawsuit on the matter will require this payment as a condition.
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