Attorneys for Janel Grant filed a memorandum in Connecticut Superior Court on Tuesday in opposition to Dr. Carlon Colker and Peak Wellness to dismiss the bill of discovery complaint she filed in July.

Grant’s filing, a memorandum in law in opposition to plaintiff’s motion to dismiss, challenges several claims in Colker’s motion.

Grant’s memorandum in opposition claims McMahon was in contact with Colker during Grant’s treatment at Peak Wellness, from Nov. 22, 2019 to April 15, 2022.

The motion says the bill of discovery is necessary to see if there’s reason for Grant to file a suit against Colker and Peak Wellness in Connecticut Superior Court. It also reiterates claims from her bill of discovery complaint that Colker and Peak Wellness ignored requests for her electronic medical records and only sent incomplete forms on paper in violation of four different federal laws.

“Defendants (and Vince McMahon) have gone to great lengths to block Ms. Grant from accessing these documents relating to her own medical care,” the statement said.

Colker’s motion said. the bill of discovery complaint violated the stay requested by the FBI and other investigators in her civil case, which is paused until December. The judge in the federal civil case denied a motion to stop the bill of discovery complaint in federal court and said the court wasn’t the correct venue.

Grant’s counsel claims Colker’s attorney’s motion to dismiss was improperly filed and should have been a motion to strike; that Connecticut Superior Court has jurisdiction to hear the bill of discovery complaint; Grant’s bill of discovery has probable cause; McMahon, Laurinaitis and WWE are non-parties to the state action; any procedural issues mentioned by Colker’s counsel weren’t fact or have been fixed; Colker and Peak Wellness don’t dispute they were timely notified of the bill of discovery complaint; Connecticut precedent says courts should make every effort to adjudicate Grant’s action on its claims over procedural matters (Worth v. Picard).

“Ms. Grant filed this bill of discovery for the purpose of investigating potential claims of civil conspiracy, aiding and abetting, fraud, assault, battery, RICO, RICO conspiracy, and/or breach of fiduciary duty against Dr. Colker and Peak Wellness,” Grant’s motion said.

Grant filed the bill of discovery complaint in June claiming Colker and Peak Wellness refused to send her medical records and other information earlier this year for discovery in her federal civil suit against Vince McMahon, John Laurinaitis and World Wrestling Entertainment.

Colker and Peak Wellness filed a motion to dismiss the discovery complaint on Aug. 29 stating the discovery complaint wasn’t verified under Connecticut General Statute; the complaint is for a federal case and not a Connecticut state case; and Grant’s motion ignores “the very different and unique procedures for statutory bills of discovery.”

Colker and Peak Wellness counsel sent marshal to serve Grant personally

Grant’s motion of opposition states hours after the Federal judge refused to block her bill of discovery, Colker’s counsel had Grant served personally with their own bill of discovery instead of going through her counsel.

“In a move calculated to cause Ms. Grant extreme emotional distress, Defendants sent a marshal to effect personal service of their petition on Ms. Grant at her home, despite knowing she was represented by counsel,” the motion said.

Colker and Peak Wellness withdrew its bill of discovery after Grant’s counsel filed a motion to strike.

In press release, Grant’s counsel listed their discovery requests from Peak Wellness and Colker.

• Ms. Grant’s electronic medical records, including all associated metadata;
• Dr. Colker and Peak Wellness’ recordkeeping and billing procedures;
• Payment records relating to Ms. Grant;
• Dr. Colker and Peak Wellness’ payment arrangements with McMahon and/or WWE;
• The purpose of Ms. Grant’s prescribed treatments;
• The substance of Ms. Grant’s prescribed treatments;
• Any communications between Dr. Colker and McMahon relating to Ms. Grant; and
• Dr. Colker’s involvement in recommending Ms. Grant’s attorney for negotiation of the purported non-disclosure agreement.

“Imagine being at your most vulnerable, and the doctor you are told to see only makes you feel worse,” said Ann Callis, attorney for Janel Grant. “Our filing today makes clear that Dr. Colker violated ethical and medical standards when he injected unknown substances into Janel’s body and directed her to take unlabeled pills while dismissing her basic questions about those drugs. Peak Wellness owes Janel Grant answers and the clinic’s secrecy and evasion must come to an end.”

Callis, attorney Erica Nolan and SKDK firm spokesperson Kendra Barkoff Lemy will have a press call on Tuesday at 11 a.m.