Mudge denies third party complaint, other defendant moves in suit over revealed STD test results
Madison County Circuit Judge William Mudge has denied one of the defendants in a suit over the revelations of a romantic rival's sexually transmitted disease test results leave to file a counterclaim, third party complaint, dismissal move and a plea seeking sanctions.
Mudge entered an order denying the pleadings filed by defendant Maureen Sackmann June 2.
Sackmann sought to file the moves in a suit brought by plaintiff Jane Doe against Sackmann and her former employer, Quest Diagnostics, Inc.
Jane Doe is suing the pair on claims that Sackmann revealed the plaintiff's positive herpes test results to John Doe, a man both women were romantically involved with.
Sackmann sought to file the counterclaim against Jane Doe and to dismiss one of the counts contained in the suit's initial complaint.
Sackmann also sought to file a third party complaint that, if granted, would have brought John Doe into the case.
She also was seeking sanctions.
Jane Doe is seeking damages in excess of $50,000 a count and other relief.
The defendants deny the plaintiff's claims.
A protective order was entered in the case in September 2010 after media coverage of the suit by the Madison County Record, Alton Telegraph and other news outlets.
According to Mudge's order, Sackmann's move to file the counterclaim ran afoul of Civil Code protocols mandating it be filed within 30 days of the service.
The third party complaint also ran afoul of Civil Code rules.
Mudge found the plea to dismiss the first count of Jane Doe's suit was untimely and did not meet the burden for dismissal.
He went on to deny the sanctions move.
The plaintiff recently filed a motion asking Mudge to revoke the pro hac vice standing of a Quest attorney on the basis that the attorney is currently suspended in his home state of
The June 2 order does not address the pro hac vice revocation.
Emily Johnson represents the plaintiff.
Michael Schwade represents Sackmann.
L. Allison McKeel represents Quest
The case is Madison case number 10-L-101.
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