A discrimination and retaliation lawsuit that Mary Kate Gulick, a former Carson Group chief marketing officer, filed against the firm last year has been placed on hold following the firm's allegations that she altered medical records involved in the case.
A U.S. magistrate judge in Nebraska this week halted most proceedings pending a ruling on Carson's motion for sanctions against Gulick, including dismissal of the lawsuit.
The judge, Jacqueline M. DeLuca, stayed all proceedings except for those related to Carson's motion for sanctions, pending further court order and a ruling on the sanctions motion. She denied Carson's request for a partial stay that would have allowed continued discovery on the firm's sanctions request.
Carson Group, in its motion filed in July, raised “serious issues” arising from Gulick’s “intentional alteration of numerous medical records” and sought dismissal and other sanctions. The records are evidence in the case, which started when Gulick filed the lawsuit centered on how Carson Group handled a sexual assault report.
Gulick's lawsuit alleges that the RIA retaliated against and eventually fired her in 2023 after she expressed concerns over its response to a report that a Carson employee had sexually assaulted a participant at a 2022 industry conference. Carson Group has denied Gulick's main allegations.
After the alleged assault on the conference attendee, Ron Carson — Carson Group's CEO at the time, now known as Omani Carson — decided against firing the alleged assailant, according to Gulick’s lawsuit, which contends that her physical and mental health deteriorated due to how Carson Group handled the matter.
As part of the discovery process, Carson asked Gulick to produce records of her communications with anyone, including health care providers, about the firm, the lawsuit, the allegations and events cited in the suit, its filing says. The firm also requested relevant medical records.
Carson alleges that it found significant differences in records that Gulick provided compared with records obtained from health care providers and that she used fraudulent medical records to advance her claims. Carson also contends that Gulick instructed at least three medical providers, pre-litigation, to alter her medical records.
A lawyer for Gulick at the time disputed Carson's allegations and said she wouldn't be silenced. In August, that same attorney and his colleague requested to withdraw from the case, unopposed by Gulick, citing "a breakdown in communication and irreconcilable differences between (Gulick) and her attorneys." A new legal team started representing her in August, court records show.
In approving the stay in the case, the judge wrote: "Given the seriousness of the allegations and the sanctions Defendant seeks, staying case
progression pending a ruling on Defendant’s Motion promotes judicial efficiency. Moreover, although Plaintiff opposes Defendant’s Motion, she did not explain why a stay is not appropriate."
The judge set a telephone conference for Monday to discuss the pending motion for sanctions.
Gulick's attorneys declined to comment on the development.
Carson Group said in an email, "Our legal filings make the Court aware of our serious concerns relating to Ms. Gulick’s conduct in this case. We believe the facts of the filings speak for themselves and decline to comment any further."
Image: Carson Group
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