Janel Grant files to strike complaint by Dr. Colker, Peak Wellness

The legal battle involving Janel Grant, Peak Wellness, and Dr. Carlon Colker continued today.

Grant filed a petition in Connecticut court last month seeking to obtain medical records related to her treatment with Colker and Peak Wellness. She alleges in the filing that her visits to the clinic were arranged through Vince McMahon.

In response, attorneys for Colker and Peak Wellness filed an official complaint, stating that Grant’s petition was part of a “smear campaign” related to her lawsuit against McMahon, WWE, and John Laurinaitis.

Today, Grant’s attorneys filed a motion to strike the complaint and a special motion for sanctions against Colker and Peak Wellness including attorney costs awarded to Grant.

“In a desperate and brazen attempt to silence a former patient investigating wrongdoing related to her medical care, Dr. Colker and his practice, Peak Wellness, filed this vexatious bill of discovery. Dr. Colker and Peak Wellness hope to intimidate Ms. Grant into dropping her own pre- action discovery petition against them, in which she seeks her own medical records and related documentation.,” today’s filing reads.

“Dr. Colker stonewalled Ms. Grant’s repeated records requests for months until she filed a Bill of Discovery against him to gain access to her own medical records and documentation related to her medical care.”

“Instead of complying, Dr. Colker responded with this frivolous and retaliatory bill of discovery. Dr. Colker and Peak Wellness brought this action for an improper purpose, to intimidate and harass a former patient for daring to seek her own patient records. This action should be stricken and dismissed in its entirety with costs and attorneys’ fees awarded in favor of Ms. Grant.”

“The Colker Bill of Discovery identifies three claims Dr. Colker proposes to investigate: defamation, tortious interference with business relations, and negligent and intentional infliction of emotional distress.”

“These tort claims cannot be predicated on privileged statements made in court, which are absolutely protected under the litigation privilege, or on press statements or news articles relating to those pleadings, which are protected by the fair report privilege. Because Plaintiffs plead only statements contained in or related to court pleadings, there is no probable cause to support their Bill of Discovery. Moreover, Plaintiffs’ purported claims constitute an illegal attempt to chill Ms. Grant from speaking out about her treatment at the practice, and must be dismissed under Connecticut’s Anti-SLAPP statute as an impermissible infringement in her exercise of free speech related to a matter of public health and concern.”

“Even if they had plead probable cause—which they did not—the Colker Bill of Discovery must be stricken because it was filed in bad faith. Connecticut law established the bill of discovery as an equitable remedy. Where a plaintiff seeks equitable relief, he must show that his conduct has been fair, equitable and honest as to the controversy in issue. Dr. Colker and Peak Wellness cannot meet this burden. Dr. Colker participated in the mistreatment of Plaintiff by her former employers, Vince McMahon and the World Wrestling Entertainment.”

Court records show that Grant was personally served the Colker’s Bill of Discovery by a State Marshal. Today’s filing takes issue with it being served to her in that manner rather than through her attorneys.

“Then, in a move calculated to cause Ms. Grant extreme emotional distress, Plaintiffs sent a marshal to effect personal service of this complaint on Ms. Grant at her home, despite knowing she was represented by counsel. Finally, Plaintiffs returned their complaint to this court after the District of Connecticut ruled that the Grant Bill of Discovery did not violate the temporary stay of her Federal Action. Plaintiffs made no effort to correct their false claim to the contrary before or after filing—instead, they rushed to the courthouse to return this complaint and, upon information and belief, leaked a copy to the press. Dr. Colker and Peak Wellness’ unclean hands disqualify them from receiving the equitable relief they seek.”

“Sanctions are warranted where, as here, a plaintiff (a) with impunity, and without legal justification, misuses our court system to harass, intimidate and publicly malign a former patient and (b) demonstrates a lack of candor to the court, which is reflected in the objectively false statements that are contained in the verified pleading. This Court should protect Ms. Grant and all Peak Wellness’ clients by sending a clear message that such behavior is unacceptable and that Connecticut courts will not allow a doctor to leverage the judicial system to avoid accountability to their patients.”

“Ms. Grant respectfully requests that this Court dismiss and strike the Colker Bill of Discovery, and impose sanctions sufficient to deter Dr. Colker and Peak Wellness from abusing the legal process to harass former patients or avoid his obligations to timely and completely disclose patient records.”

Vince McMahon’s counsel, Jessica Taub Rosenberg, partner, Akin Gump, issued the following statement to WON/F4W and other media outlets:

“Ms. Grant first brought frivolous litigation to publicly harm Mr. McMahon’s reputation. Then, despite agreeing to pause it at the Government’s request, she continued to publicly harass Mr. McMahon and those connected to him by initiating another frivolous action against Dr. Colker and talking to the media about it.  Mr. McMahon will continue to use every tool at his disposal to end this malicious and meritless pursuit by Ms. Grant.”  

The full complaint filed on Monday is available here.