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A wiretapping lawsuit filed by former Bold magazine editor Michael Davis Sapir against actor Tom Cruise was dismissed because Sapir failed to file within California’s statute of limitations.
According to The Hollywood Reporter, the legal saga began way back in 2001 when Sapir claimed he had video proof that the A-list actor was a closet homosexual.
Cruise quickly filed a $100 million defamation suit against the editor that was eventually settled out of court. Sapir publicly admitted that the man in the incriminating video was not Cruise.
Eight years later in 2009, Sapir filed a $5 million lawsuit against Cruise and his attorney, Bert Fields. Sapir alleged that, while the defamation suit was active, the two hired a private investigator named Anthony Pellicano to wiretap Sapir’s phone.
Sapir claimed he had proof of the illegal spying on a file entitled "Michael Davis matter" that was taken from Pellicano’s office. The file allegedly documented Sapir’s private conversations with his attorney.
According to Zap2it, one of Cruise’s counterclaims was that Sapir did not have any proof of wiretapping. Cruise also pointed out that Sapir broke the 2001 defamation settlement in which he agreed not to make any more derogatory claims about the actor.
Regardless of the evidence, Sapir’s lawsuit was thrown out of court on Monday on the grounds that it wasn’t filed within California’s statute of limitations.
According to Law 360, Sapir had sufficient reason to file in 2003 when P.I. Pellicano became the focus of a criminal investigation for illegal wiretapping. By 2009, Sapir's legal right to file a complaint had long since expired.
Sapir can choose to appeal the decision.