Lack of an answer (issue closed)
I asked the court for a pre-trial verdict in my favor. At least two respondents (the firm and Ms. Lavid personally) have failed to file a timely answer. Magistrate Tweina decided that there was an answer filed by Dr. Moshe Lavid, on behalf of all the three. Accordingly, this motion should be denied. I appealed before the Court. After that -
- Dr. Moshe Lavid and Ms. Nira Lavid failed to appear at the session of appeal held on January 8, 1998, before Hon. Judge Tivon.
- Hon. Judge Tivon ruled that the response filed by Dr. Moshe Lavid may be deemed as a response on behalf of his firm, M.L. ENERGIA, Inc. and on behalf of his wife (Ms. Lavid) - his business partner and an organ of the firm. Accordingly, no verdict in my favor (the plaintiff) might be issued at this time. Therefore, a preliminary hearing should be held before a Magistrate Judge ... but they forgot to schedule it.
- A State Attorney (Ronit Antabi-Shefran working for the State of Israel) was not representing M.L. Energia, Inc. or its owners. She however insisted to appear.
Hon. Judge Tivon replied her (off the protocol because her question was not an issue) that RAFAEL might be a deponent.
There were apparently working relations between the State and and me as its employee during my sabbatical leave.
Lastly, the Court ruled that I should pay for the apperance of the State Attorney, although she was not invited and she was absolutely not a side to this issue.
Failure to appear (issue closed)
Dr. Moshe Lavid and Ms. Nira Lavid failed to appear at the following pre-hearing session on January 8, 1998, held before Magistrate Tweina.
I have shown (off the record) before Magistrate Tweina that I hold prima facie evidence. The Israeli State Attorney outraged. She realized that the U.S. Administrative Court had already decided that the State of Israel collaborated with M.L. ENERGIA, Inc. for the purpose of employing me in the United States, during my sabbatical leave. Moreover, this employment at Energia was unlawful likely.
RAFAEL may have 30 days to show it had no affiliation with M.L. ENERGIA, Inc.
I would have additional 30 days to contend RAFAEL's motion (if and after the State moves).
This file would be reviewed by the Magistrate Judge Tweina on February 15, 1998.
- The Magistrate decided that he had no authority to rule. Therefore, the case should be disposed before a panel, a senior Judge and two public representatives.
- I have appealed from the above decision.
- Hon. Judge Tivon ruledGif that Magistrate Judge should have decided what the disputed facts. Regardless, this question has never been pinned down by the court.
- Therefore, I filed a motion to appealGif before the National Labor Court, seeking to obtain a decision in my favor based on lack of appearance of the Lavids and the lack of an affirmative defense (their filed answer lacked merit IMHO).
- Hon. Judge Steve Adler, President of the National Labor Court decidedGif that he would not intervene, but he wished the Regional Court would schedule soon hearing sessions. Two weeks later a hearing session was schduled June 17, 1998
- On February 12, 1998, the State of Israel moved the court (file 1153/98, page1Gif, page2Gif ) to dismiss RAFAEL from the Caption as being a party.
- Magistrate Judge Tweina disposed the file to Hon. Judge Tivon.
- Hon. Judge Tivon decided on February 17, 1998, that I might file a reply within 10 days.
- My reply was filed February 25, 1998; ( page1Gif,
page2Gif, page3Gif, page4Gif ).
- Ignoring the precise content of my reply (I was citing my lawsuit), Hon. Judge Tivon decidedGif on March 8, 1998, to strike out the State of Israel as a party to this case, because (according to this Judge) I had failed to state (in my lawsuit) the relief I was seeking from the State.
- Accordingly, I have filed a motion to apeal, ( page1Gif, page2Gif,
page3Gif, page4Gif page5Gif )
before the National Labor Court, contendeding that the decision of Judge Tivon was unreasonably given. Literally I have stated in my lawsuit the relief that I was seeking from the State of Israel, and accordingly the State should be remained captioned as respondent in this lawsuit.
- On April 9, 1998, Hon. Judge, Steve Adler, President of the National Labor Court
apparently grantedGif my motion to appeal. The State of Israel may answer my appeal within fifteen (15) days, after which the National Labor Court would enter a decision whether the State of Israel should be deemed a deponent in this lawsuit.
- On June 14, 1998, Hon. Judge Aliassof has hastily denied my motion to appeal. He based his decision on a precedent, irrelevant in my opinion. In fact, I had the right to appeal without a motion, but the court erred disregarding this point too.
- Oct 25, 1998, petition 6694/98 is filed before High Ct. challenging imoproper dismissal of parties
Delay tactic regarding Jurisdiction and Bail
On June 16, 1998, magistrate Judge Tweina postponedGif a preliminary hearing schduled June 17, 1998, because Dr. Moshe Lavid informed the court they would not attend the scheduled hearing (as they had done previously in January 1998.
Moreover, repondent had also moved the court to order me paying bail for his arival to Israel.
Magistrate Tweina decidedGif that if I did not object within 15 days, then I should deposit a bail.
The Magistrate did not mention the required amount.
He also decided that the issue of venue/jurisdiction should be decided by a judge. Accordingly, proceedings were postponed unreasonably.
NIS 15,000 bail, although the issue of venue was still pending.
My lawyer appeals from the decision of the magistrate.
Lastly on October 18, 1998, Hon. Judge Ari Tivon after a year decided to dispose the case to the Haifa Regional Labor court instead of the Jerusalem Regional Labor Court.
Hon. Judge Ari Tivon failed to decide over the issue of bail, which was decided in my favor lastly. I do not have to pay the unjustified NIS 15,000 bail, due to the wrong decision of the Magistrate Moshe Tweina.
After a year of proceedings . . . the Jerusalem Regional Labor Court concluded that it had no jurisdiction (due to venue), but it abstained revoking its previous improper decisions, imposing an unfair burden on me.
Judge Ari Tivon presiding at the Regional Labor Court in Jerusalem abused my motion
- My lawyer promptly responded objecting the motion for bailGif.
- Magistrate Tweina orders
Has Judge Ari Tivon presiding at the Regional Labor Court
My motion before the Regional Labor Court in Haifa was filed Oct. 26, 1998.
Hon. Judge Doron Maiblum the president of the Regional Labor Court in Haifa partly granted Defendants' motion and postponed the May 18, 1999, pre-hearing session to June 24, 1999.
in Jerusalem made every effort to DELAY and OBSTRUCT justice?
Or has he been misled by the nasty tricks of Dr. Moshe Lavid. . .
Judge Doron Maiblum Chief at the Regional Labor Court in Haifa
passed away July 17th 1999. RIP judge . . .