ORDER GRANTING SANCTIONS – REFERRAL TO ISRAEL BAR AGAINST ATTORNEY GUY TSABARY FROM TEL-AVIV, ISRAEL.

Docket Index Number: 45
Date Filed: 10/11/2023
Full Name of Motion: Plaintiffs Motion to sanction Mr. guy Tsabary for identity theft, forgery, fraud on
the court, and obstruction of justice
This cause came before the Court for a hearing on Plaintiff’s motion to sanction non-party Guy
Tsabary, alleged to be the real identify of non-party Ben Oren who filed a motion to quash a
subpoena in this matter. Based on the affidavit supporting Plaintiff’s motion, the motion, and the
arguments of Plaintiff at the hearing wherein Mr. Tsabary (and/or Ben Oren) did not appear, the
Court orders and adjudges as follows:

1. Plaintiff, Avi Dubitzky, obtained a judgment in this matter against the party defendants. Nonparties Ben Oren and/or Guy Tsabary are NOT defendants in this action.
2. Following the judgment, Mr. Miller tried to obtain information from non-party GoDaddy via non-party subpoena in an effort to shut down defamatory websites.
3. Someone identifying himself as Ben Oren filed a perfunctory motion to quash the subpoenas and endeavored to stop and/or delay Plaintiff’s receipt of this information by purporting to be the owner of the offending websites and claiming the sought after materials would harm his and his clients’ privacy rights.
4. Following a hearing not attended by Ben Oren (although he was properly noticed), the court denied this perfunctory motion for sanctions. The court also noted that it could not tell from the signature box or anything else in the motion who Ben Oren was and what his relationshipwas to the lawsuit.
5. At a subsequent hearing held via Zoom regarding an Order to Show Cause issued to GoDaddy, Ben Oren did not appear despite being properly noticed. Instead, two attorneys of a man identified as Guy Tsabary appeared at the hearing. The attorneys attempted toargue/raise issues to the Court, but the Court refused to allow them to do so unless they filed notices of appearance and filed a motion to intervene in the lawsuit explaining their interest in the lawsuit. The attorneys did not explain how they learned about the hearing and never filed notices of appearance or a motion to intervene.
6. Mr. Dubitzky then obtained the requested information from GoDaddy regarding the defamatory websites. Attached to his motion and affidavit were documents showing Guy Tsabary’s “relationship” to Ben Oren, the purported owner of the defamatory websites. It is facially apparent from those documents that Ben Oren’s GoDaddy account, to which the accounts purportedly belonged, were migrated to Guy Tsabary’s account. Moreover, it was facially apparent that Guy Tsabary was controlling that account, engaging in customer service communications with GoDaddy on multiple occasions wherein he expressed urgency overtechnical issues with a firewall needed to prevent DDOS attacks. The account also appeared to utilize the email address associated with “Ben Oren.”
7. Accordingly, based on the court’s observations and review of the record, it appears that Guy Tsabary may, in fact, be Ben Oren and may have been trying to mask his involvement with the defamatory websites and delay or obstruct these proceedings by falsely filing court documents as Ben Oren.
8. The Court does not take this course of conduct lightly and, if it were a Florida licensed attorney engaging in this conduct, would refer the attorney to the Court’s designated professionalism committee or directly to The Florida Bar.
9. Mr. Tsabary, however, is not a member of The Florida Bar. The Court understands that he is a member of the Israel Bar. The Court hopes Mr. Tsabary’s actions are subject to review by the Israel Bar and, thus, refers this matter to the Israel Bar Association to determine if the above-referenced dilatory, disruptive, obstructive, and deceptive or dishonest acts in this matter violate any of their ethics codes or rules.
10. DONE and ORDERED in Chambers at Miami-Dade County, Florida, on this 20th day of March,2024. case 2023-029960-sp-25 Hon. Jorge A. Perez Santiago Country Court Judge