United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS'
MOTION TO DISMISS 
KHALSA UNITED STATES MAGISTRATE JUDGE.
MATTER is before the Court on Defendants' Rule
12(b)(6) Motion to Dismiss With Supporting Memorandum (Doc.
19) (“Motion”), filed November 16, 2017.
Plaintiff filed a Response on January 24, 2018 (Doc.
32). Defendants filed a Reply on January 16,
2018 (Doc. 28). The Court, having reviewed the parties'
submissions and the relevant law, and being otherwise fully
advised in the premises, finds that the motion is well taken
and shall be GRANTED.
purpose of ruling on Defendants' Motion, the Court
assumes that the following well-pled facts taken from
Plaintiff's Amended Complaint are true. Mayfield v.
Bethards, 826 F.3d 1252, 1255 (10th Cir. 2016)
(“[I]n reviewing a motion to dismiss, [the Court]
accept[s] the facts alleged in the complaint as true and
views them in the light most favorable to the
plaintiff.”). Defendant J Message Group Corp.
(“JMGC”), also called Companions of Wisdom
(“CoW”) is a closed, invitation-only, nonprofit
organization, incorporated under the laws of the State of
Vermont, with its principal place of business in Vermont.
(Doc. 15 at ¶ 10.) Defendant Kenneth Alexander and
Defendant Deborah Alexander (husband and wife) are officers
and directors of JMGC, and they are citizens of the State of
Washington. (Id. at ¶¶ 10, 12.) Defendants
conduct fee-based seminars and conferences and develop
written materials to promote their reincarnation-based
doctrines, worldview, and advocacy agenda to its members and
to those interested in engaging in its programs.
(Id. at ¶¶ 11, 20.) Plaintiff, a citizen
of the State of Virginia, met and became acquainted with the
Alexanders and with JMGC in 2008, and she began paying to
attend JMGC's conferences. (Id. at ¶ 20.)
The actions giving rise to this lawsuit occurred during a
JMGC conference held in Santa Fe, New Mexico. (Id.
at ¶¶ 6, 34-35.)
promote the belief that people have past lives that influence
their current life and, as noted earlier, Defendants develop
written materials to promote their reincarnation-based
doctrines, worldview, and advocacy agenda to the
organization's members. (Id. at ¶¶ 11,
14) As part of the CoW program, Defendants hold seminars and
issue publications to the members of JMGC. (Id. at
¶¶ 11, 30.) JMGC is authoritarian in nature and
does not permit dissent or questions regarding its doctrines
or leadership. (Id. at ¶ 12.)
Alexander is the “spiritual leader” of JMGC.
(Id. at ¶ 12.) Mr. Alexander compels the
members of JMGC to adopt the organization's reincarnation
doctrines and hierarchical structure. (Id. at
¶¶ 12, 14.) Mr. Alexander claims to channel
communications from higher beings or master guides, which
communications include instructions and beliefs that are
binding on the members of JMGC. (Id. at ¶ 13.)
lures people who are looking for spiritual direction and
altruistic involvement by initially promoting
self-improvement and by engaging its members in discussions
and providing publications relating to broader contemporary
topics such as history, economics, and spiritual development.
(Id. at ¶ 15.) When prospective members wish to
advance their association with JMGC and share details of
their personal lives with Defendants, Defendants collectively
engage in a process designed to control, isolate, shame,
emotionally harm, and take advantage of the prospective
members, which process is contrary to JMGC's
“self-improvement banner.” (Id. at
¶ 16.) Members who dissent or question the
leadership's directives become the targets of
“shaming conduct”-meaning that Defendants
“collectively disseminate false information coupled
with outrageous accusations, in CoW communications, designed
solely to cause dissenting members substantial emotional and
psychological trauma.” (Id. at ¶ 17.)
Dissenting members are subjected to this “shaming
conduct” until they recant their dissent or quit the
organization. (Id. at ¶ 19.)
Plaintiff's involvement in JMGC increased, Plaintiff had
questions about JMGC/CoW's operations and beliefs.
(Id. at ¶ 21) Defendants did not like
Plaintiff's inquiring nature and resistance to
questionable directions, and they collectively engaged in a
campaign to discredit her, and to cause problems in her
personal life and to her professional reputation.
(Id. at ¶¶ 22, 23.) On one occasion,
Plaintiff-who is a government contractor with a high-level
security clearance, having attended a CoW conference abroad
asked Mrs. Alexander for the name and sponsor of the
conference so that she could provide that information on a
United States Government security clearance application as
required by her employer. (Id. at ¶ 24.) Mrs.
Alexander demanded that Plaintiff refrain from disclosing the
fact that she had travelled overseas to attend the CoW
conference, and insisted that Plaintiff lie to the federal
government about the purpose of her travel under threat of
“severe consequences” if she did not comply with
this directive. (Id. ¶ 25.) Plaintiff refused
to comply with Mrs. Alexander's directive to lie to the
federal government on the ground that any act of dishonesty
or misconduct could compromise her professional credentials
and her job. (Id. ¶ 27) This notwithstanding,
Mrs. Alexander continued to urge Plaintiff to lie, and
Plaintiff continued to refuse to do so. (Id.) In
retaliation for Plaintiff's refusal to lie on her
security clearance application, Defendants published
“Communication 17” (dated February 12-13, 2016)
to its membership, stating that: “she [Plaintiff] has a
split who is a porn star and is seen doing sex acts with her
husband. That is all she does . . . the Hubbard Soul has been
part of several sex cults, including the Manson cult.”
(Id. at ¶ 28 (italics omitted).)
further act of retaliation, Mr. Alexander began interfering
with Plaintiff's personal relationship by urging her then
fiancée (now husband) Ken Kyzer to break off his
relationship with Plaintiff because she was a destructive
influence. (Doc. 15 at ¶ 29.) Defendant Kenneth
Alexander told Ken Kyzer that if he were going to be a
committed partner associated with CoW, he would have to end
his relationship with Plaintiff. (Id.) Because Mr.
Kyzer refused to end his relationship with Plaintiff,
Defendants terminated Plaintiff's membership in JMGC/CoW,
thereby prohibiting Plaintiff from reading Mr.
Alexander's channeled communications, and also
prohibiting her from attending Defendant's conferences or
events. (Doc. 15 at ¶ 30.)
(from February 25, 2016 through February 28, 2016) Defendants
held a JMGC/CoW conference in Santa Fe, New Mexico.
(Id. at ¶ 31.) During this conference,
Defendants presented the following statements about Plaintiff
to the membership of JMGC:
a. Recently, we had to discontinue the access for one aspect
of that soul [Carol Hubbard]. And why is that?
Because . . . they were very predatory in this
b. Sandra Otterson, another famous porn star, they do
have a split in your group, believe it or not, but
they also have one that just left: Carol
c. The sexual predators you might think are
fairly easy to spot because they make you uncomfortable to be
around, but they're still there. And your friend
Carol Hubbard was a sexual predator, but she was also a
financial predator because she was poor. And you
have many who come in contact with this group thinking that
this is where they will make their riches.
d. We don't judge you over the fact that you have sexual
desires or that you want to have wealth. But if
you're using other people to get it in a way that is
inappropriate, you need to stop and think about how
far you're going to get before we see what you're
doing. That is why Carol Hubbard and Ken Kyzer are no
longer in your group.
e. So this guy who is, uh, previously a reader (Rob Murphy),
just reactivated, how long ago what that Deborah?
Deborah [Alexander]: Three days ago.
Three days ago. So we got right of the other one,
Carol Hubbard, and now we have this guy. Okay? So, they
really want to be involved in this work, but I don't take
them seriously any longer . . . But you've got to
understand just how messed up human psychology is, to see how
you can get such a diversity of expression in the human
f. Why are we always so hard on the pornographers? Is it
because they're predatory? In most cases, who makes all
the money? It's the pornographer, it's not the porn
Well, these two, Nina Hartley and Sandra Otterson are a
little smarter because they took control of their own destiny
and they are the ones making the money . . . But they're
still predatory on people who cannot express their sexuality
in a normal functional manner.
g. What's happened recently with the Scribe's split,
Ken Kyzer, is an example of how the 2nd ray not
only got subverted, but got completely kicked out. And what
was it due to? I am going to be very blunt about it.
It was about sex and money.
In this group we have worked extremely hard to remove these
as factors in the group's functioning. We have
tried to keep predatory people out of the group, either who
are predatory sexually or monetarily. The sexual predators
you might think are fairly easy to spot because they make you
uncomfortable to be around, but they're still
And your friend Carol Hubbard was a sexual predator,
but she was also a financial predator because she was
And you have many who come in contact with this group
thinking that this is where they will make their riches . . .
h. Sexual predation is very common. It's
a very common part of the 3rd ray
Psychoanthropology because 3rd rays tend to be
very insensitive to others.
They seek ways of gaining control over others and
whether it's sex, money or power, they'll use one or
more of these things to gain, uh, the upper hand.
We have told the higher self of Carol Hubbard that if
they want to stay in the group, if they want to have a
functioning member of the group, there can be no sexual or
financial predation going on.
The Scribe's higher self needs to come forward and
explain what it is they did to cause the Carol Hubbard/Ken
Kyzer problem from occurring in the first place because they
were largely responsible for that.
This group cannot exist with financial or sexual
predators. You cannot come into this group thinking,
“Well, I need to get myself laid, ” or “I
need to make a buck.” If you happen to meet somebody in
the group and you're attracted to them and you form a
relationship, that's perfectly fine.
But if your sole purpose of being here is to have sex,
you're in the wrong place. The same is true if you're
here to try to make money off of people in the group. This is
not the place to do it . . .
But what you have seen with Carol Hubbard and Ken
Kyzer is a perfect example of what we are trying to prevent
in this group.
(Id. at ¶¶ 31, 35.) (Emphasis in
statements, which were made live at the Santa Fe conference
before an audience of more than 100 attendees in retaliation
against Plaintiff and Mr. Kyzer, were, thereafter, edited,
transcribed, and published online on the JMGC/CoW website
which is available to JMGC's worldwide membership.
(Id. at ¶¶ 33, 34, 37.) Because Defendants
had ousted Plaintiff from JMGC, she was precluded from
reading the transcribed texts. (Id. at ¶ 35.)
The statements have caused Plaintiff extreme embarrassment
and emotional distress, and have caused third-parties,
friends and associates to avoid being associated with her out
of fear of being associated with the statements. (Doc. 15 at
¶¶ 40, 41.)
treatment of Plaintiff is consistent with their history and
pattern of targeting members, particularly females, who
dissent or question their directives, with shaming conduct.
(Id. at ¶¶ 17, 19, 42-44.) Defendants have
previously maligned dissenting females by publishing
statements labeling a well-respected former member of the
United States Congress who was not a CoW member, but founded
an organization that CoW's members are expected to
volunteer for and financially support, “as a madam at a
bordello and a slave holder; and stating that ...