Declaration of Jennifer Magill RE: Service of Process Pursuant to ECF 212

8/15/24

Per the 7/25/24 order, Breaking Code Silence was ordered to serve all the organization’s board members and officers with a copy of the sanctions order. Jenny Magill submitted the following declaration to show compliance. One notable part of Magill’s declaration is that Breaking Code Silence’s Chief Information Security Officer (and purported “forensic expert“), Jesse Jensen, refused to accept service of the sanctions order and avoided service. Jensen has since resigned from Breaking Code Silence.

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DECLARATION OF JENNIFER MAGILL
CASE NO. 2:22-CV-002052-SB-MAA
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JOHN SAMUEL GIBSON (SBN 140647)
john.gibson@us.dlapiper.com
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, California 90067-4735
Tel: 310.595.3000
Fax: 310.595.3300
Attorneys for Plaintiff
BREAKING CODE SILENCE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
BREAKING CODE SILENCE, a
California 501(c)(3) non-profit,
Plaintiff,
v.
MCNAMARA, an
individual, JEREMY WHITELEY, an
individual, and DOES 1 through 50,
inclusive,
Defendants.
CASE NO. 2:22-CV-002052-SB-MAA
Hon. Maria A. Audero
DECLARATION OF JENNIFER
MAGILL RE: SERVICE OF
PROCESS PURSUANT TO ECF 212
Complaint Filed: March 28, 2022
Trial Date: Not Set
Case 2:22-cv-02052-MAA Document 213 Filed 08/15/24 Page 1 of 3 Page ID
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DECLARATION OF JENNIFER MAGILL
CASE NO. 2:22-CV-002052-SB-MAA
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DECLARATION OF JENNIFER MAGILL
I, Jennifer Magill, declare as follows:
1. I am the CEO of Breaking Code Silence (“BCS”), a 501(c)(3) nonprofit
organization that supports survivors of institutional abuse in the “troubled teen
industry” through education, outreach, research, and community organizing.
2. The Members of the BCS Board of Directors and Officers as of July 25,
2024, were as follows:
a. Apryl Alexander, Ph.D., Board Member
b. Vanessa Hughes, Ph.D., Board Member
c. Jenny Magill, CEO and Board Member
d. Jesse Jensen, Chief Information Security Officer1
3. On July 30, 2024, counsel for BCS sent an email to all of the Board
Members and Officers listed above (1) attaching a copy of the Court’s Order Granting
in Part and Denying in Part Defendants McNamara’s and Jeremy
Whiteley’s Motion to Compel Slack Communications and for Sanctions (ECF 212)
(hereinafter, the “Order”) and (2) requesting consent for electronic service of the
Order.
4. Ms. Alexander, Ms. Hughes, and I subsequently sent our respective
consents for electronic service to counsel for BCS. At BCS’s counsel’s request, the
three of us also agreed to waive personal service of the Order. The respective waiver
of service forms are being filed concurrently with my declaration. Ms. Alexander, Ms.
Hughes, and I have thus all accepted service of the Order.
5. On July 31, 2024, counsel for BCS sent a reminder email to the
remaining Board Members and Officers. Mr. Jensen responded the same day
expressing concerns about providing the consent for electronic service. Counsel for
BCS responded to Mr. Jensen on August 1, 2024, again requesting consent for
1 Mr. Jensen has since resigned as CISO for Breaking Code Silence.
Case 2:22-cv-02052-MAA Document 213 Filed 08/15/24 Page 2 of 3 Page ID
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DECLARATION OF JENNIFER MAGILL
CASE NO. 2:22-CV-002052-SB-MAA
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electronic service. Mr. Jensen advised counsel for BCS on August 2, 2024, that he
would not consent to electronic or other service of the Order. Then on August 6, 2024,
Mr. Jensen requested that BCS’s counsel not contact him again regarding the matter.
6. On August 5, 2024, BCS, through counsel, hired a nationally known
process server, Nationwide Legal Services, LLC (“Nationwide”), to personally serve
the Order on Mr. Jensen. Nationwide attempted service three times on Mr. Jensen at
a cost to BCS of approximately $225. Specifically, on August 6, 7, and 9, 2024, BCS
attempted personal service on Mr. Jensen. As described in the attached documentation
from Nationwide, none of the service attempts were successful. See Exhibit A.
Despite its efforts and desire to personally serve the Order on Mr. Jensen, BCS did
not opt for a stakeout service estimated at $175 per hour since it currently has only
approximately $186 in its bank account. Also, Mr. Jensen received actual notice and
a copy of the Order through email but made clear to BCS and its counsel that he would
not cooperate with service attempts.
I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.
Executed this 15th day of August, 2024.
/s/ Jennifer Magill
JENNIFER MAGILL
Case 2:22-cv-02052-MAA Document 213 Filed 08/15/24 Page 3 of 3 Page ID
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