Poetic Justice for Natalee Holloway?

LOS ANGELES, California (AP) -- "Dr. Phil" can have access to documents about two brothers who were once suspected in the case of an Alabama teenager who vanished while on vacation in Aruba, a judge ruled Wednesday.  The documents were sought as part of the talk show's defense against the brothers who sued last year, claiming defamation, fraud and invasion of privacy.

 
Deepak and Satish Kalpoe claim the "Dr. Phil" show altered portions of a secretly recorded conversation between Deepak Kalpoe and a private investigator to "create false, incriminating, and defamatory statements that the plaintiffs engaged in criminal activity against Natalee Holloway."

 
The September 15, 2005, episode of the show alleged the brothers gave Holloway a date-rape drug and had group sex with her, the suit contended.

 
CBS and Dr. Phil McGraw claimed that documents existed in which the Kalpoes acknowledged having sex with the girl -- which they have denied. Attorneys for the defendants sought the documents and also e-mails between the brothers and others regarding the case.

 
The brothers' attorneys said Aruban authorities had much of the information being sought and that the authorities had refused to release it.

 
In granting access, Superior Court Judge Edward A. Ferns said the documents "are relevant to the most fundamental issues in this case."

After examining all the legal angles of the Kalpoe/Dr. Phil case I decided get some legal advice from Steven Snider, a criminal defense attorney out of Atlanta, Georgia.
 
 
Michelle:

 
If the Plaintiffs (Kalpoes, et al.) do not come up with the discovery as required, the Defendants (Dr. Phil, et al.) can move to dismiss the case. Most likely the judge will grant the motion and order the case to be dismissed with prejudice. If this happens and the Kalpoes are in default, can Dr. Phil's attorneys file a motion with the Court ordering the Kalpoes pay their (Dr. Phil's) attorney fees? Am I correct?

 
Steven Snider:

 
Yes. That is only if Dr. Phil's attorneys wish to pursue that. In order to do so they would have to file a motion with the Court showing this was a frivolous lawsuit, had no merit, and was a waste of the Court's time and taxpayers money. If the Judge agrees to the motion, he/she has the SOLE DISCRETION to order that the Kalpoes PAY Dr. Phil's attorney fees.

 
Michelle:

 
Not to mention they could responsible for their OWN attorney fees, right? (Unless someone was paying their bill all along, but I'm rooting for contingency.)

 
Steven Snider:

 
It is depends on what has been stipulated by the Court and how the parties wish to handle it. But yes, in the worst case scenario those boys are screwed.

 
Michelle:

 
(Jumping with elation...) YES! If the Kalpoes were taken on as clients under contingency that means the Kalpoe attorneys fronted all the money to put this lawsuit in place: the filing fees, man/woman hours putting the case together, money spent on phone calls, faxes, copies, retrieving records, etc. That adds up $$$ and they will want to recoup that...as you know attorneys want their MONEY!