Dr. Colker’s Peak Wellness clinic files petition seeking evidence from Janel Grant for alleged defamation and emotional distress, a precursor to a potential defamation lawsuit.
wrestlenomics.com
Dr. Carlon Colker and his clinic, Peak Wellness, have filed a petition seeking evidence from Janel Grant. The complaint states that Colker believes obtaining information from Grant will give him the basis for “defamation, tortious interference with business relations, and negligent and intentional infliction of emotional distress”.
Colker’s attorneys pointed to the media attention garnered by Grant’s earlier petition against Colker for medical records as the source of alleged defamation. In that petition, Grant’s attorneys claimed that Colker refused to explain to her the substance of pills and I.V. infusions she was given at Colker’s clinic in Greenwich, Conn. Grant says she was directed by Vince McMahon to seek treatment at the clinic. The petition sought to obtain evidence to support her federal lawsuit against McMahon, WWE, and Laurinaitis.
“Grant is engaging in a smear campaign against [Colker and Peak Wellness] in order to bolster her well-publicized allegations concerning alleged sex trafficking and sexual assault,” the complaint filed on Tuesday in Connecticut Superior Court states.
Colker’s attorneys deny Grant’s allegation that he refused to explain treatments to her. He says that there’s “undisputable and documented evidence to the contrary that Dr. Colker always advised and consulted in advance with Grant concerning any specific medications she was prescribed.”
Colker’s complaint says, “Grant’s claim that Dr. Colker gave her ‘pushback’ simply because she inquired as to the specifics of what vitamins she was provided, is recklessly and harmfully false.”
The filing may be read as a precursor to a defamation lawsuit. It claims Grant made “material misstatements and patent lies” about Colker and his clinic, which “continue to have a devastating, and potentially long-lasting effect on [Colker and Peak Wellness’s] ability to continue practicing at the high-level which they have painstakingly earned,” and that the harm they’ve suffered is “perhaps incalculable… but well over tens of millions of dollars.”
Grant’s petition filed in July obtained “immediate, widespread news coverage of what would ordinarily be a bland and un-noteworthy request for a bill of discovery,” Colker’s petition states.
Colker and Peak Wellness are not defendants in the federal lawsuit Grant filed in January, in which she alleges sex trafficking and sexual assault while under the control of McMahon.
Colker’s complaint claims he and his clinic are not subjects of any investigation involving the Justice Department. Reportedly, the Justice Department is investigating allegations made against McMahon of sex trafficking and sexual assault.
Attaching a copy of her federal lawsuit, with its graphic descriptions of sexual assault, to her petition against the doctor, Colker’s complaint says, is “a blatant attempt to besmirch the good name and reputation of Dr. Colker and Peak Wellness.”
Colker’s attorneys say that Grant’s petition against him “took the unprecedented step to flout the Federal Court Order” that put the federal lawsuit on hold, pending the federal investigation.
McMahon also argues that Grant has violated the stay on her lawsuit by petitioning Colker. But yesterday, the judge ruled that her action, which is in Connecticut state court, doesn’t violate the court-ordered stay on the federal case.
“Federal district courts do not ordinarily regulate or sit in review of proceedings in state courts, and the Court’s stay order did not purport to extend to any state court proceedings,” Judge Jeffrey Meyer wrote in his ruling.
McMahon’s attorney, Jessica Taub Rosenberg, however, told Wrestlenomics in a statement on Wednesday that they still intend to prevent Grant from obtaining evidence through her petition.
“Ms. Grant’s attempt to seek discovery in state court despite a stay in federal court exemplifies her consistently deceitful behavior and lack of integrity;” Rosenberg said, “we will, per the Federal Court’s order, continue to pursue a court order to stop her.”
Grant’s attorney, Ann Callis, also provided a comment to us on Wednesday.
“The court sided with Janel and against McMahon in confirming she was within her right to seek her own medical records and data from Dr. Carlon Colker of Peak Wellness.” Callis said. “It is perplexing, but on brand to file an attack against a woman formerly in his care.”
Colker’s petition is seeking records from Grant’s phone providers, emails, and any social media sites Grant or her representatives used, as well as communications with news outlets. Colker is also seeking documents and communications related to Colker’s treatment of her. He’s also seeking to depose Grant at his attorney’s offices.
Colker is represented by lawyers from Verrill Dana LLP in Westport, Conn. We contacted his lawyers for this report, who declined to give any additional comments.