Attorneys for Dr. Carlon Colker and Peak Wellness filed a motion to dismiss on Thursday, asking the court to reject a bill of discovery complaint filed by Janel Grant and her counsel in July.
Grant filed the bill of discovery complaint in Connecticut court in July. Her counsel claimed Colker and Peak Wellness had refused to turnover discovery and information, including her medical records, twice in the spring. Grant\'s civil court complaint against McMahon accuses an employee of Peak Wellness of assaulting her with McMahon.
Counsel for McMahon and Colker have claimed the bill of discovery complaint violates the federal stay order both parties agreed to in June. Prosecutors in the Southern District of New York requested the stay, which lasts until December, in order to keep the civil suit from interfering with the federal government\'s investigation of McMahon.
Grant attorney Ann Callis said the discovery filing didn\'t violate the federal stay because it was in a state court and it didn\'t involve the defendants in the federal case. The complaint also asked for information to see if there was a potential RICO violation.
Colker\'s motion gave three reasons Grant\'s complaint should be dismissed:
- 1. The complaint wasn\'t verified, per Connecticut General Statutes code 52-156a(a)(1).
- 2. It seeks information for discovery in her federal case, which is contrary to the limitations of 52-156(a)(1).
- 3. That Grant and her counsel are planning to ignore procedures in \"a similar\" manner\" in Connecticut Superior Court, stating the different procedures for statutory bills of discovery.
Connecticut General Statute 52-156a(a)(1)
\"This is not a bill of discovery ... as it purports to be,\" the motion said. \"It is a wish list for this court\'s assistance in evading a stay that has been entered in plaintiff\'s federal action.\"
Attorneys for Colker and Peak Wellness filed a motion to extend on Aug. 21, asking for one more week to respond to Grant\'s discovery motion.
McMahon\'s counsel has tried blocking Grant\'s bill of discovery complaint in federal court on Aug. 6, but was denied by Judge Jeffrey A. Meyer, who said the motion didn\'t pertain to any defendants in the federal case and it was filed in a state court, not a federal court.
Grant is suing McMahon in federal civil court, accusing him of sex assault, sex trafficking and other abuses. In February, the Wall Street Journal reported a federal grant jury has been investigating sex crimes against McMahon, including rape.
