Saturday, February 6, 2010

3 years of MMP hijackers (Courtney, Stewart, and Sielski) comments court proven to be outright LIES!

Gilchrist & MMP WINS again…3 years of MMP hijackers (Courtney, Stewart, and Sielski) comments court proven to be outright LIES !

STATEMENT OF DECISION
Jim Gilchrist Minuteman Project Inc VS Stewart, 01/31/08, Fraud, # 30-2008-00102064-CU-FR-CJC Stewart

The Court having taken the court trial under submission 1/25/10 now issues its statement of decision:

Based on the evidence presented at trial the court finds that James Gilchrist has never been legally terminated as a board member of the MMPI and that defendants Courtney and Stewart were lawfully terminated as board members from MMPI on February 2, 2007.

In making the above findings the court has considered the various legal and factual arguments advanced by the defendants and finds that with the possible exception of their claim that plaintiff is stopped from claiming he has the sole director of MMPI, which claim was not fully litigated, the arguments lack merit.
· For example, there is NO legal or factual support for the defendants’ claim of laches as it applies to plaintiff’s claim that he was the sole director of the MMPI or that he and others lawfully terminated the defendants. ·
*Likewise there is NO legal or factual basis for determining that Gilchrist and other members of the board were prevented from voting on their removal because it would have involved their self-dealing as interested directors.
· Finally, the court finds that there is NO legal or factual basis for the defendants’ claim that James Gilchrist waived his right to notice of his termination by appearing at the Janurary 29th board meeting. Of course Bueler and Eichler did not appear for that meeting, so the argument of waiver would not have applied to them in any event.

A permanent injunction shall issue, ordering defendants Courtney, Stewart, and Sielski to refrain from holding themselves out to anyone as members of Minute Man Project Inc, or members of its board of directors. This injunction requires the taking down of any web site, including but not limited to http://www.minutemenprojectinc. Com, wherein defendants hold themselves out to be members, managers, or spokespersons of the Minute Man Project INC. or members of the board of directors of the Minute Man Project Inc. Said defendants are further ordered to turn over all property belonging to Minute Man Project Inc to plaintiff. The court further finds, with regard to the defendants’ motions in limine and the plaintiff’s request for declaratory relief, that defendants Courtney, Stewart and Seilski are not members of Minute Man Project Inc, and have not been members of the border of directors of the Minute Man Project Inc, since February 2rd, 2007
The further proceedings relating to the trial of this matter are scheduled for February 8, 2010, at 10:00 am. The clerk shall give notice to the parties of the above ruling and schedule for further proceedings.