We've learned that a trial -- if there is one -- for the remaining Federal claim in the Millers/Ranheim/Carreiro/gwp lawsuit against us won't take place until February or April of 2006. Previously scheduled for December, the case has now been taken off the Court's schedule while the Judge rules on our Motion for Summary Judgment (MSJ).

The MSJ ruling is expected in mid-October or later.

Should the Judge rule to accept our Motion for Summary Judgment, gwp/the Millers' et al Federal claim would be over, and no trial would be needed. The Judge would then decide what should happen with gwp/the Millers' et al state claims of defamation, etc.

Either way is fine with us. In the meantime, the calendar change allows us to get on with more important matters in our lives without legal distractions. :)

Jim and Judy

**********
Full docket text for document 122:

NOTICE - Counsel please be advised, due to the pending motion for summary judgment, this case will not be placed on Judge Carter's December Trial List. Counsel should note, once there has been a ruling on the pending motion for summary judgment, if appropriate, this case will be placed on Judge Carter's next available trial list.

***********

[www.windofchanges.org]

In regards to their 'healing devices':

"In a few cases clinical trials were terminated because the investigators were overwhelmingly satisfied with the effectiveness of our technology and did not wish to deprive the control groups of the relief they found immediately with the experimental groups."

ROFL!!! This is WAY too funny. I can't believe they actually PUT this on their own site!!!! Of course, it's perfectly logical that investigators would abandon an investigation half way though because they couldn't bear to see the control group suffering. :roll:

On January 3, 2006 we received the great news that Senior District Judge Gene Carter granted our [i:2e5c08a47a]Motion for Summary Judgment[/i:2e5c08a47a] on the Gentle Wind Project’s RICO (racketeering) claim -- the only Federal claim that remained in GWP’s lawsuit against us.

(Plaintiffs filing the lawsuit were GWP leaders: John “Tubby” Miller, Mary “Moe” Miller, Carol “Max” Miller, and Shelbourne “Shelly” Miller; Pam Ranheim; and Joan Carreiro of Durham NH and Kittery ME).

This important Order granting our MSJ – which also provides a quick summary of the lawsuit facts – can be read on [i:2e5c08a47a]Wind of Changes[/i:2e5c08a47a], the website for former members of GWP: [www.windofchanges.org]

Judge Carter further ordered that GWP's lawsuit Counts III through VII (the state claims, such as defamation) be dismissed from Federal Court.

The entire GWP lawsuit has now been dismissed. :D

The Millers could refile in state court, but that would mean starting all over again. It would also put our [i:2e5c08a47a]Counterclaims[/i:2e5c08a47a] into motion. [www.windofchanges.org]

Tubby and Moe Miller et al could also appeal the decision to a higher court if they feel that the Judge is incorrect.

We are learning that it is quite rare to have an MSJ granted. Such a decision would generally mean that a Judge is very certain of the correctness of his opinion.

If the purpose of the Millers’ lawsuit was to silence us, it was a waste of their time and vast amounts of their donated money. As Carl Starrett, the moderator of the [i:2e5c08a47a]Gentle Wind Victims’ Forum[/i:2e5c08a47a] stated, “GWP must have spent several hundred thousand dollars in legal fees and they came up empty.” [health.groups.yahoo.com]

In addition to the positive results for us, this is an extremely important decision for anyone who believes in an individual’s right to speak freely about personal experiences, and to share information of public importance through the Internet without fear of being intimidated, sued, silenced, and harmed financially.

We are very grateful to everyone who has offered support to us throughout this two-year process.

Jim Bergin and Judy Garvey
[www.windofchanges.org]

Another large victory in the GWP lawsuit against multiple defendants was granted by Federal Judge Gene Carter to Ian Mander of New Zealand Cult List – [www.cults.co.nz] – one of our many co-defendants originally sued by GWP leaders.

Judge Carter dismissed GWP’s claims against Mander and denied their motion for default judgment against him. Ian Mander won this judgment without spending a dime on defense. Read the 3-page decision at Wind of Changes [www.windofchanges.org]

Other co-defendants sued by GWP in May 2004 included Rick Ross (who refused to settle or remove links and commentary from his website, won his strong defense on personal jurisdiction, and was dismissed from Federal Court after many months); Steve Gamble and Ivan Fraser (both settled due to personal finances, after months of defending, yet didn't remove their original statements about GWP - the first on the Internet: [www.equilibra.uk.com] - or pay settlement money); and Steve Hassan (settled quickly, removed links, yet didn't pay settlement money).

The [i:88fe63dcad]entire [/i:88fe63dcad]GWP lawsuit has now been completely dismissed from Federal Court.

Judge Carter’s decision impacts anyone who writes about a group, job, corporation, or agency that they at one time had a relationship with.

[i:efd1642545][b:efd1642545]The Berkman Center for Internet & Society, Harvard Law School, [/b:efd1642545][/i:efd1642545]announced last week that they had assisted Jim Bergin and Judy Garvey with their defense against Gentle Wind Project’s now-dismissed Federal lawsuit.
[i:efd1642545]
(See 1-11-06, [cyber.law.harvard.edu] :[/i:efd1642545] [i:efd1642545]"Court Rejects Online RICO Claims Based on Ex-Group Members’ Web Site" -- "An important victory for free expression on the Internet…." )[/i:efd1642545]


As of 1-10-06 the Millers and their GWP are back. After being dismissed from Federal court, they have re-filed a lawsuit in Maine state court against Jim Bergin, Judy Garvey (former members of GWP), and also, oddly, against Ian Mander, Editor of [b:efd1642545][i:efd1642545]New Zealand Cult List.[/i:efd1642545] [/b:efd1642545][i:efd1642545](See [www.cults.co.nz] )[/i:efd1642545]


Filing in state court requires the Millers to start all over again with their lawsuit claims and legal expenses.


This story is being widely reported by the media, including, through the AP wire -- [i:efd1642545]"Healing Organization Files Lawsuit against Former Members" [/i:efd1642545]
[i:efd1642545]http://www.boston.com/news/local/maine/articles/2006/01/15/healing_organization_files_lawsuit_against_former_members/?rss_id=Boston.com%20--%20Maine%20news[/i:efd1642545]


Bergin and Garvey will re-file [i:efd1642545][b:efd1642545]Counterclaims[/b:efd1642545][/i:efd1642545] against GWP, the Millers et al in Maine state court. The Federal version of those Counterclaims can be read at [i:efd1642545]http://www.windofchanges.org[/i:efd1642545]

Following is a link to [b:052af1d6b2][i:052af1d6b2]Stanford Law School's [/i:052af1d6b2][/b:052af1d6b2]summary of the recent federal court decision dismissing John and Mary Miller et al / Gentle Wind Project's federal lawsuit. Stanford's article about the decision could be of interest to anyone who decides to write about a group they’ve been involved with.

Stanford Law School Center for Internet & Society -- [cyberlaw.stanford.edu]

[i:052af1d6b2][b:052af1d6b2]“Maine District Court Holds that Group of Individuals Who Published Criticism of ‘Cult’ On-line Are Not an Association-in-Fact Under RICO”[/b:052af1d6b2][/i:052af1d6b2]

As already mentioned here, the Millers and their GWP have found a new location for their lawsuit -- minus the dismissed federal claims -- in Maine state court / York County (Alfred, ME). The schedule will probably be set up later in March. Since the Millers decided to sue Ian Mander of [i:052af1d6b2]New Zealand Cult List[/i:052af1d6b2] -- again -- along with Jim Bergin and Judy Garvey, the court must allot the required time for him to respond as an overseas defendant. Mr. Mander defaulted on gwp's federal lawsuit; however the Judge dismissed GWP's federal claims against him.

The latest in the Gentle Wind Project's: [www.gentlewindproject.org] et al lawsuits against Judy Garvey, Jim Bergin, et al is scheduled for trial in October or November 2006 in York County (Maine State) Superior Court, Alfred, ME.

This new Maine State lawsuit follows upon GWP / the Millers’ et al January 6, 2006 dismissal from Maine U.S. District Court where they filed their first lawsuit in May 2004.

Gentle Wind Project's and the Miller’s (Plaintiffs) new lawsuit will be heard by Maine Superior Court Justice G. Arthur Brennan and by a Maine jury. According to the Court schedule, the Millers have one opportunity for a settlement offer prior to trial. After that, they'll "have their day in court" on what they initiated two years ago against Garvey, Bergin, and other defendants.

GWP leaders filing the lawsuit are John–AKA "Tubby" Miller; Moe–AKA Mo, Olivia, Claudia Panuthos, Mary Elizabeth Carreiro (Panuthos/Silver/Carreiro/Miller); Carol-AKA Max, Mapes Miller; Shelly–AKA Dianne, Mugsie, Shelbourne (Boyce/Koster/Miller); Pam–AKA Colleen Ranheim; Joan Carreiro; and Gentle Wind Project.

The facts, and the basis for even more facts to be presented, have already been "discovered" during depositions of each plaintiff (John "Tubby" Miller and all the women living with him), and from one non-plaintiff (another woman who is a long-term GWP member/”instrument keeper”).

Jim and Judy also had depositions taken by the Millers' attorneys, as did Jim and Judy’s expert witnesses. These depositions are available to the public through the U.S. District Court PACER website, and are quoted, in part, in the [i:30dcea9186]Motion for Summary Judgment[/i:30dcea9186], (Jim and Judy’s successful Motion that ended the GWP Federal lawsuit) and [i:30dcea9186]Statement of Material Facts[/i:30dcea9186], and in Judge Gene Carter's [i:30dcea9186]Order [/i:30dcea9186]to dismiss GWP's Federal claims. These documents are also available at the website for former GWP members/”instrument keepers – [i:30dcea9186]Wind of Changes[/i:30dcea9186]: [www.windofchanges.org] -- the website that the Millers are attempting to eliminate through their lawsuits.

Rather than filing Motions for Dismissal or Summary Judgment to end the Miller’s new Maine State lawsuit, it is important for Bergin and Garvey to go to trial since there are contested facts.

A few of the contested facts are:

The Millers et al contend that Judy and Jim defamed them by reporting – in their personal stories about 17 years as followers/”instrument keepers” of the Millers / GWP – that there was group sexual activity (called "energy work") among the leaders and female followers and that followers were told that this "energy work" would bring the designs for new GWP "healing instruments" from the "spirit world" to the GWP leader, John "Tubby" Miller. The Millers et al have each denied, under oath during depositions, that group sexual activity of any kind took place among GWP leaders and followers, or “instrument keepers.”

The Millers et al also deny that Gentle Wind Project is a cult, and they claim in their promotional material that they have "clinical research" on the effectiveness of their "healing instruments" and that this "research" meets scientific standards. Based on their years of association with GWP, as followers and board members, Jim and Judy disagree with the Millers’ cult denials, and have also shown how the GWP so-called research is anecdotal and/or conducted by GWP believers / “instrument keepers.” This is all described in Jim and Judy’s personal reports at: [www.windofchanges.org] and at: [www.windofchanges.org]

A copy of the Millers' et al latest lawsuit is at the bottom of the page at Jim and Judy’s public interest website, [i:30dcea9186]Wind of Changes[/i:30dcea9186]: [www.windofchanges.org] Counterclaims, filed against the Millers et al, can be read at: [www.windofchanges.org]

The Alfred, Maine courthouse isn't large by big city standards, but seating is open to the public should anyone wish to get a close-up view of the Gentle Wind Project and the Millers' offense/defense this fall.

Jim and Judy are being represented by skilled attorneys of [i:30dcea9186]Drummond, Woodsum & MacMahon[/i:30dcea9186], Portland, ME: [www.dwmlaw.com] – Jerrol Crouter, Esq., Managing Director of the firm, and Brian Willing, Esq.

They have also received excellent pro bono legal assistance from, among others, [i:30dcea9186]The Berkman Center for Internet and Society at Harvard Law School[/i:30dcea9186]: [cyber.law.harvard.edu] Together, these defense attorneys won the [i:30dcea9186]Motion for Summary Judgment[/i:30dcea9186] against GWP/the Millers when Senior U.S. District Court Judge Gene Carter dismissed GWP's RICO (racketeering) Federal claim against the defendants in January 2006.

The Millers' second attempt at a Federal claim – the Lanham Act – was dismissed early in their Federal lawsuit by Judge Carter. In fact, the Magistrate Judge dismissed GWP’s entire lawsuit initially, and then the Millers filed an Amended Claim and squeaked by on a technicality for the RICO claim, which required an additional year of motions, depositions, etc, before it was summarily dismissed in January.

The Millers et al are represented by Portland law firm [i:30dcea9186]Verrill & Dana[/i:30dcea9186] (James Goggin, Esq., Dan Rosenthal, Esq., Suzannah Pogue, Esq.) to file their "convoluted" (in the words of Senior District Judge Gene Carter) lawsuits against Jim Bergin, Judy Garvey, and originally against Rick Ross of Rick Ross Institute, Steve Gamble of Equilibra, Ian Mander of New Zealand Cult List, Ivan Fraser of The Truth Campaign, and Steve Hassan of Freedom of Mind – all who have public service websites where Bergin and Garvey’s original stories or links were posted, or other opinions about Gentle Wind Project.

Ian Mander was also sued again by GWP/ the Millers in their newest lawsuit, and has not responded; repeating his seemingly complete disregard for their continuous lawsuits from his vantage point in New Zealand – where the legal system apparently discourages lawsuits by sanctioning litigious Plaintiffs who are shown to be misusing the law.

Jim and Judy very much appreciate contributions to their legal defense fund – any amount is gratefully accepted. The Millers’ continuous and relentless litigious outpourings have been dragged on now for two years. A mailing address, bank account, and PayPal account are all listed at: [www.windofchanges.org]

We've just learned that the Maine Attorney General has filed a lawsuit against Gentle Wind Project -- the group that has been suing us and others since May 04, including Rick Ross who won his defense against them in federal court.

We haven't seen a copy of the Attorney General's lawsuit yet and will provide a link here when we can.

We also don't know how this will effect GWP's current Maine state lawsuit against us, wherein the Millers et al (leaders of GWP) are suing us for defamation, etc. We will keep this forum informed.

The following announcement was on this morning's TV news.

An amazing event! :D

Jim and Judy
(former members of Gentle Wind Project)
http:www.windofchanges.org

--------------------------

AUGUSTA, Maine -- The Maine Attorney General's Office has filed a lawsuit against a controversial Kittery-based nonprofit group.

The Gentle Wind Project designs and sells what it calls "healing instruments" that it said solve a variety of physical and emotional ailments.

Others said the group is a scam.

The attorney general's office accused the group of falsely claiming that their products had healing qualities and of considering the income from their sale as charitable donations rather than sales proceeds.

Prosecutors want the Gentle Wind Project to liquidate its assets, pay the state's legal fees and refund anyone who bought items between 2000 and the present.

WMTW: [www.wmtw.com]

Also at: [www.religionnewsblog.com]

Since we last posted here, Gentle Wind Project and the GWP leaders -- the Millers -- signed a [i:c8ead48756]Consent Decree[/i:c8ead48756] with the Maine Attorney General, which put their "nonprofit" out of business in Maine, turned over all GWP assets to the Attorney General, and set up a system to provide refunds to people who purchased GWP "healing" products.

This was explained by Rick Ross recently in two news stories on CultNews.com, and more details are also at [i:c8ead48756]Wind of Changes[/i:c8ead48756] website: [www.windofchanges.org]

So, we won't repeat that here. However, anyone who would like to file a claim might be interested in the following public notice:

[u:c8ead48756][b:c8ead48756]PUBLIC NOTICE:[/b:c8ead48756][/u:c8ead48756]

[b:c8ead48756]NOTICE OF RECEIVERSHIP OF THE GENTLE WIND PROJECT AND THE NEED TO FILE A PROOF OF CLAIM[/b:c8ead48756]

PLEASE TAKE NOTICE that on August 16, 2006, the York County Superior Court issued an order for the appointment of a Receiver to liquidate the assets of "The Gentle Wind Project, f/k/a The Gentle Wind Retreat" with locations in Kittery, Maine, and Durham, New Hampshire. The Court Order requires all persons or entities that assert claims against "The Gentle Wind Project" must do so in writing to John C. Turner, Receiver, J.C. Turner & Associates, Inc., P.O. Box 1897, Auburn, Maine, 04211-1897, by 4 p.m., February 28th, 2007. The claim together with documentation in support of the claim must be filed by February 28th, 2007, date or the claim will be disallowed. Claims will be acknowledged and a claim numbers will be assigned by the Receiver. After all claims have been submitted and reviewed and the date to submit claims has passed, claimants will be advised of the disposition of the claims submitted. Any questions concerning the submission of claims can be directed to John C. Turner, Receiver, at (207) 514-7371.

Sincerely, John C. Turner, in his capacity as Receiver of The Gentle Wind Project. Dated: September 13, 2006 2539979

[i:c8ead48756]Portland Press Herald[/i:c8ead48756] on Saturday, 09/23/2006: [me.mypublicnotices.com]

[b:95326d4657][i:95326d4657]Dear Friends,[/i:95326d4657][/b:95326d4657]

[b:95326d4657]We are pleased to announce that the Millers et al, and Gentle Wind Project, are now permanently “Becalmed” by a Lawsuit Settlement. This victory for us – former members of GWP – also represents a victory for freedom of speech for former members of all such groups. [/color:95326d4657][/b:95326d4657]

Our full statement about the end of GWP's lawsuits is at: [www.windofchanges.org]

At the last minute (trial was scheduled to begin December 4th) we wrote the terms for a [i:95326d4657]Settlement Agreement[/i:95326d4657] that was requested by John "Tubby" Miller and Mary "Moe" Miller (AKA Panuthos/Carreiro), co-founders of GWP, and their co-plaintiffs. The agreement ends 2 ½ years of lawsuits against us.

In an about turn from the GWP leaders’ determined verbiage in 2004 that they would take their case "to the Supreme Court" to force removal of our Internet stories, the [i:95326d4657]Settlement Agreement [/i:95326d4657]insures that we will continue to operate, without interference of any kind, our website, Wind of Changes: [www.windofchanges.org]

For more information see [i:95326d4657]Gentle Wind Drops Lawsuit Against Couple[/i:95326d4657]: [pressherald.mainetoday.com]

Perhaps it became clear to the Millers that other GWP ex-members intended to appear in person to testify about their own experiences, and that experts would testify that the Millers’ exhibited classic cult behavior.

Bergin and Garvey’s distinguished experts included Cult Expert, [b:95326d4657]Dr. Cathleen Mann[/b:95326d4657], PhD, and [b:95326d4657]Dr. Arthur Dole,[/b:95326d4657] PhD, ABPP, Expert: Psychological Research and Cultic Groups.

Following the Millers' settlement request, the GWP Court Receiver has also signed an Agreement with us on behalf of the GWP Estate (which was still included in the lawsuit after GWP was put out of business and into Receivership in August 2006 by the [b:95326d4657]Maine Attorney General[/b:95326d4657]). We will receive "an undisclosed amount" from the Receiver to resolve the lawsuit and resolve our claim for reimbursement to the GWP Estate.

[b:95326d4657]Much more important than the money, we provided an essential service to the public by telling the truth about our experiences with GWP, and we balanced out some of the effects of what we caused for people while we were influenced by GWP's belief system.[/color:95326d4657][/b:95326d4657]

At each stage of defending ourselves, we became freer of the effects of our involvement with GWP. As a result, even though we were immersed in defending against their very aggressive lawsuits, we were able to reclaim our lives again.

We are grateful to everyone who wished us well and assisted us during this long process. Particular thanks go to [b:95326d4657]Rick Ross[/b:95326d4657] for reporting about the group: [www.cultnews.com] and establishing an archive: [www.culteducation.com]

Rick Ross was also sued in Federal Court by GWP and the Millers, successfully defended himself, and was dismissed by [b:95326d4657]Senior District Judge Gene Carter[/b:95326d4657] in January 2005. (See [i:95326d4657]Lawsuit Against "Cult-watcher" Dismissed[/i:95326d4657]: [www.cultnews.com]). Rick's Motions to the Federal Court were unbending and blunt, even humorous. He set the tone for the lawsuit defense and surely helped the Judge understand the case.

[i:95326d4657]Jim and Judy[/i:95326d4657]