PITTSBURGH – New counsel for a non-profit group and its president accused of violating of federal and state wiretapping laws by a Pittsburgh health care clinic and its executive director, wants postponement of an injunction hearing due to an alleged lack of both proper service of the complaint and time to prepare for the hearing.
Central Outreach Wellness Center and Stacy Lane, D.O. filed suit in the Allegheny County Court of Common Pleas on June 18 versus Ciora Thomas and SisTers PGH Corp., with all parties of Pittsburgh.
“On Sept. 30, 2019, Thomas in her position as President of SisTers PGH Corp., initiated a telephone conversation with Lane, of Central Outreach. After the telephone call began, Lane heard a clicking sound which could have indicated a recording device, and therefore, Lane specifically requested that the telephone conversation not be recorded for any purpose,” per the lawsuit.
“In response to Lane’s inquiry of whether she is being recorded, Thomas lied, saying the noise was her laptop computer and that she was not recording the conversation. Unbeknownst to Lane, Thomas recorded the audio of the telephone conversation and then placed that audio conversation on a YouTube video on the Internet.”
In addition to the illegal wiretap interception, the plaintiffs said the defendants have also commercially defamed Central Outreach and Lane. In a Facebook posting dated Sept. 30. 2019, published defamatory statements concerning the conduct of Central Outreach’s business, including falsely asserting that treatment provided to patients was negligent and rose to the level of malpractice, the lawsuit said. The plaintiffs said these statements constituted defamation per se.
“Central Outreach spearheaded the fight to stop the COVID-19 pandemic by providing COVID-19 testing to the community. Despite all of Central Outreach’s humanitarian services, SisTers PGH, Corp. and Thomas, its President, have engaged in a public campaign to defame Central Outreach and Lane by spreading pernicious falsehoods on Facebook and other Internet platforms. Even more egregiously, Thomas illegally intercepted and recorded a phone conversation with Lane, without Lane’s consent and placed it on the Internet,” the suit said.
UPDATE
Defense counsel Justin T. Romano filed an objection to an injunction hearing scheduled for July 10, due to alleged improper service of the complaint.
“On July 6, an email message was sent from plaintiffs’ counsel to the general SisTers PGH address advising of the injunction hearing scheduled for 10 a.m. on Friday, July 10. Due process requires adequate notice unless ‘immediate and irreparable injury will be sustained before notice can be given.’ Plaintiffs have made no showing that they are subject to ‘immediate and irreparable harm,” Romano said.
“According to the complaint, the alleged defamatory conduct occurred in September of 2019 – over nine months ago. Thus, an ex parte hearing is also inappropriate in this matter. Plaintiffs have failed to comply with their service and notice obligations under the Pennsylvania Rules of Civil Procedure. On these bases, the hearing scheduled for July 10 cannot proceed.”
Romano added he was retained on July 8, at which point he called plaintiff counsel and requested consent to a brief continuance of the injunction hearing, in light of the fact that no service had been made and he had just been chosen as counsel. However, an agreement for a delay of the hearing could not be reached.
Defense counsel requested the Court to grant a brief continuance of the injunction hearing on the merits so that proper service can be effectuated and defense counsel may adequately prepare.
For counts of violating the Wiretapping and Electronic Surveillance Control Act, defamation per se, commercial disparagement/trade libel, intentional interference with prospective contractual relationships, intentional interference with current contractual relationships and punitive damages, the plaintiffs are seeking damages in excess of $500,000, including attorney’s fees, costs and such other and further relief as the Court deems just and proper.
The plaintiffs are represented by John P. Corcoran Jr. of Jones Gregg Creehan & Gerace, in Pittsburgh.
The defendants are represented by Justin T. Romano of Attisano & Romano, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-006926
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com