Archive: November 1, 2005

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Court Expands Ediscovery where Defendant’s Sworn Statements that Documents Do Not Exist Appear Erroneous

Court Expands Ediscovery where Defendant’s Sworn Statements that Documents Do Not Exist Appear Erroneous

Tilberg v. Next Mgmt. Co., 2005 WL 2759860 (S.D.N.Y. Oct. 24, 2005)

According to an article in Fashiongates.com, Tasha Tilberg, a Canadian supermodel, sued Next Model Management Company (“Next”) claiming that it had underreported her earnings and “swiped” $150,000. Natalie Tilberg (a/k/a Tasha Tilberg) (“Tilberg”) and Next were to share the cost of having Tilberg’s forensic specialist search Next’s email servers in accordance with an order issued on July 26, 2005 by Magistrate Judge Ellis. Tilberg asserted that the expert was unable to access one of the email servers and found evidence that responsive documents exist despite statements from Next indicating otherwise. Tilberg then asked the Court to order further discovery despite the deadline having passed. Read More

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