The legal battle between Janel Grant, Peak Wellness and Dr. Carlon Collker continues today.
Grant filed a court petition in Connecticut last month to obtain medical records relating to her treatment at Colker and Peak Wellness. She claims in the filing that Vince McMahon arranged her visits to the clinic.
Attorneys for Colker and Peak Wellness responded by filing an official complaint. They claimed that Grant’s petition is part of a smear campaign in relation to her lawsuit against McMahon and WWE as well as John Laurinaitis.
Grant’s lawyers filed a motion today to strike the complaint, and a special request for sanctions against Colker & Peak Wellness, including attorney fees awarded to Grant.
Dr. Colker, his practice Peak Wellness and a former patient who was investigating possible wrongdoing in her medical care filed this vexatious discovery bill. Dr. Colker, Peak Wellness and Ms. Grant hope to intimidate her into dropping her pre-action discovery petition against them in which she sought her own medical records.
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“Instead, Dr. Colker responded by bringing this frivolous bill of discovery in retaliation. Dr. Colker, Peak Wellness and their attorneys brought this lawsuit for an improper reason: to intimidate and harass the former patient who dared to request her own patient records. This action should be struck and dismissed in its entirety, with costs and attorney’s fees awarded to Ms. Grant.”
The Colker Bill of Discovery identifies the three claims that Dr. Colker intends to investigate, namely defamation of character, tortious interference with commercial relations, and negligent or intentional infliction of mental distress.
“These tort claims can’t be based on privileged statements that were made in court. These statements are protected by the litigation privilege. They also cannot be based on press reports or news articles related to these pleadings which are protected under the fair report privilege. There is no probable reason to support Plaintiffs’ Bill of Discovery, as they only cite statements in or related with court pleadings. The Plaintiffs’ purported allegations constitute an illegal attempt by Plaintiffs to stop Ms. Grant speaking out about the treatment she received at the practice and must be dismissed as an impermissible interference in her free speech relating to a matter that is of public concern and health.
“Even if the Colker Bill of Discovery had been filed in bad faith, it must be struck down. Connecticut law established a bill of discovery to be an equitable remedy. When a plaintiff is seeking equitable relief, he has to show that he has acted in a fair, honest, and equitable manner with respect to the controversy at issue. Peak Wellness and Dr. Colker cannot meet this burden. Dr. Colker was involved in the mistreatment of Plaintiffs by her former employer, Vince McMahon, and the World Wrestling Entertainment.”
According to court records, Grant was personally served with the Colker’s Bill of Discovery. This was done by a State marshal. The complaint filed today is that it was served to Grant in this manner, rather than through her lawyers.
“Then, in an attempt to cause Ms. Grant severe emotional distress, Plaintiffs sent their marshal to personally serve this complaint at Ms. Grant’s home, even though they knew she was represented by counsel. After the District of Connecticut ruled the Grant Bill of Discovery didn’t violate the temporary stay of the Federal Action, Plaintiffs returned the complaint to this court. Plaintiffs did not correct their false claim before or after filing. Instead, they rushed to court to return this lawsuit and, on information and belief, leaked it to the media. The unclean hands of Dr. Colker, Peak Wellness and their attorneys disqualify them for the equitable relief that they seek.
“Sanctions should be imposed when, as in this case, a plaintiff uses our court system without legal justification to harass, intimidate, and publicly malign an ex-patient and (b) shows a lack in candor in court, which can be seen in the objectively falsified statements contained in the verified pleading.” This Court should protect Ms. Grant, and all Peak Wellness clients by sending a strong message that such behavior was unacceptable and that Connecticut courts would not allow a physician to use the judicial system as a way to avoid accountability to patients.
“Ms. Grant respectfully requests this Court dismiss the Colker Bill and strike it, and impose sanctions that will deter Dr. Colker from abusing the legal system to harass former clients or avoid his obligation to timely and fully disclose patient records.”
Jessica Taub Rosenberg’s partner at Akin Gump and Vince McMahon’s counsel, Jessica Taub Rosenberg issued the following statement to other media outlets, including WON/F4W:
“Ms. Grant brought frivolous lawsuits to harm the reputation of Mr. McMahon. She then, despite agreeing that the Government had asked her to stop, continued to harass Mr. McMahon, and those who were connected to him, by bringing another frivolous lawsuit against Dr. Colker, and talking about it in the media. Mr. McMahon is going to continue to use all the tools at his disposal to stop this malicious and unjust pursuit by Ms. Grant.”
Janel Grant files a complaint against Dr. Colker of Peak Wellness in todays Wrestling news, Chatalong Chatbox, Results will be Hidden inside a spoiler Button so you will not bet spoiled about direct results.
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