View Full Version : Gilchrist's MMP Victorious

Ole Glory
02-05-2010, 11:33 PM
Jim Gilchrist's Minuteman Project VICTORIOUS

3:00 p.m. PDT, February 5, 2010


Santa Ana, CA, FEBRUARY 5, 2010: Today, Judge Randell Wilkinson of the Orange County Superior Court issued a pivotal Statement of Decision in the Jim Gilchrist Minuteman Project case (JGMMP v. Stewart) in favor of plaintiff Jim Gilchrist's Minuteman Project against defendants Marvin L. Stewart and Deborah A. Courtney. Today's Statement of Decision is a resounding victory for Jim Gilchrist and the Minuteman Project. While Mr. Gilchrist successfully retained control of the Minuteman organization and any questions as to his legitimate position and authority have long since evaporated, JGMMP is delighted to win this decisive victory and welcomes the Court's findings of fact(s) in this matter.

The Court ruled that Jim Gilchrist's Minuteman Project "has prevailed on its claim that the defendants were lawfully terminated as directors of MMPI at the February 2, 2007 board meeting" and further, "under no circumstances have the defendants been directors of MMPI since February 2, 2007."

The court issued a permanent injunction "ordering defendants Courtney, Stewart and Sielski to refrain from holding themselves out to anyone as members of [Minuteman] Project Inc., or members of its board of directors. This injunction requires the taking down of any web site, . . . wherein defendants hold themselves out to be members, managers or spokespersons of [Minuteman] Project Inc., or members of the board of directors of [Minuteman] Project Inc. Said defendants are further ordered to turn over all property belonging to [Minuteman] Project Inc. to plaintiff."

While defendants have made wild claims to the media and any who would listen that they were the officers of and board members in control of Minuteman Project, the evidence showed they have not met regularly as a board, they had not made any substantive decisions of the organization as a board; they had not conducted border operations and/or any number of marches, rallies, speeches, debates or campaigns [public awareness events typical of the Minuteman Project].

Today's decision affirms Mr. Gilchrist's position as a matter of law. Any hopes on the part of the hijackers of gaining control of Minuteman Project through the courts are dashed. What remains in the trial is the question of damages to the Minuteman Project and its successor company Jim Gilchrist's Minuteman Project. Trial on the damages is to resume on Monday, February 8, 2010.

Last Month's Ruling in Gilchrist's Favor

Today's decision follows a favorable ruling issued last month, in which the Court granted summary judgment in favor of Jim Gilchrist and effectively removed him as a defendant in an action his opponents brought. Mr. Gilchrist, individually, was represented by attorney Catherine Lukehart of Santa Ana, CA.

Stewart and Courtney were suing Gilchrist saying that they were promised six figure salaries and benefits in their service to the Minuteman Project. Each claimed that they were fraudulently induced into volunteering for Minuteman Project, and were it not for the false promises of Gilchrist and others they would have never joined MMP or they would not have put so much time in the organization's efforts. Gilchrist said that Minuteman Project was a volunteer organization and that he never promised anyone large salaries and benefits.

Gilchrist volunteers his time to the organization and takes no salary. Gilchrist has said that he thought that the others joined the Minuteman Project because they believed in his cause (i.e. had similar beliefs with regard to the border issues).

On December 17, 2009 the Court granted summary judgment in Mr. Gilchrist's favor. The Court found Mr. Gilchrist had made no such promises, had not committed fraud and therefore, had no personal liability to either Stewart or Courtney. After nearly three years of claims and accusations, neither Stewart nor Courtney were able to raise one material issue of fact to support their claims against Gilchrist. Gilchrist was completely vindicated.


Jim Gilchrist is the co-founder of the Minuteman Project movement, a civilian volunteer effort to both monitor and prevent illegal immigrants from entering our country through porous borders, to promote education and awareness of the issues of illegal immigration, the lax enforcement of our nation's laws with regard to illegal immigration and to call for strict enforcement of our country's immigration laws.

In October of 2004, Citizen-activists engaged in a month long border watch along the Arizona and Mexican border. This effort by Jim Gilchrist and Chris Simcox launched the anti-illegal immigration movement (the "Minuteman" movement). Citizen-volunteers armed with lawn chairs, binoculars and cell phones increased national attention to the issue of porous borders with Mexico and their belief that federal efforts to stop illegal immigration were inadequate. Their effort gained further national attention when then President Bush called the civilian border watch volunteers vigilantes and criticized the efforts. Congress subsequently authorized the hiring of a number of additional border patrol agents and increased the agency's funding.

While the initial foray in the border watch area was in the area of border operations, Jim Gilchrist saw the need for increased political activism and advocacy. In the summer of 2005, Jim Gilchrist founded the Minuteman Project, Inc. to serve the need to educate the public and advocate on their behalf for stricter law enforcement on America's borders. At the time our nation's leaders were considering legislation - immigration reform - that amounted to the granting of amnesty to those that had entered our country illegally. Jim Gilchrist personally brought increased national attention to the issue when he officially ran for Congress in the 48th Congressional district in 2005.

The following year, Jim Gilchrist gave nearly 2,500 interviews in newspapers, radio and television on border enforcement and related issues. For many Americans Jim Gilchrist and his Minuteman Project became the face and voice, respectively, of the anti-illegal immigration and pro-law enforcement movements.

Remaining Issues Before the Court

The plaintiff in the action is Jim Gilchrist's Minuteman Project, a Delaware corporation, against defendant Marvin L. Stewart, an individual and defendant Deborah A. Courtney, an individual. Following today's decision, what remains of this case is JGMMP's claim of interference, trademark infringement, cyber-squatting/cyber-bullying and fraud against the two defendants. The court having dispatched the defendants' claims that they were acting as the Board of Directors of Minuteman Project, the matter now before the court is the amount of damages as a result of their conduct.

Attorney, Guy Mailly, stated: "We are delighted with this critical ruling. We look forward to presenting evidence of the extensive damages caused by the defendants" conduct. Jim Gilchrist stated: "we have been completely vindicated from the malicious allegations the defendants asserted. We look forward to continuing the Minuteman Project's efforts to secure America's borders."


Don't stop now, READ MORE
"Now, we can continue our important work unfettered from the nuisance of insurgents. The Hijacker's hopes are dashed! I have been exonerated, my Minuteman Project is secure and Minutemen once again have won against impossible odds!

We will bring the rest of this interstate cabal to justice. The Hijackers didn't work alone. Soon, our friends across America will witness the rule of law as our court system stops ALL criminal activity!

I want to go on record and thank our Minuteman Attorneys, Guy Mailly and Kathryn Lukehart for their great job!"

02-06-2010, 04:48 PM
The judge really let the opposition have it.