Breaking Code Silence withdraws most of its claims against McNamara and Whiteley

10/26/23

In mid-October 2023, BCS, through counsel, agreed to withdraw the majority of the claims/allegations in the Complaint. At this time, only a few allegations remain. Below is the Order Granting Joint Stipulation to Strike Allegations and Limit Claims against McNamara and Whiteley signed by the Honorable Judge Audero on October 26th, 2023.

Note regarding the WordPress allegations: Per the testimony of Breaking Code Silence’s Person Most Qualified, he never “unearthed evidence of” any access to the WordPress admin console and “can’t put hard proof on the table that they did, in fact, maliciously attempt to access the WordPress console.” When asked if BCS was alleging that McNamara or Whiteley unlawfully accessed the WordPress, he testified “No” and that he “never had any hard evidence of that.”

Breaking Code Silence’s CEO, Jennifer Magill, also testified on November 14th, 2023 – a month after the above motion – that Jensen had told Breaking Code Silence that he could not find any evidence of either McNamara or Whiteley accessing their WordPress site and that he “provided us everything before the lawsuit.” 

Deposition of Jesse Jensen – Page 82 Line 23 through Page 83 Line 24, Page 181 Line 23 through Page 182 Line 21 

Deposition of Jennifer Magill – Page 13 Line 12 through Page 15 Line 10

Like this post? Read more here: A Plot to Sue? 

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ORDER GRANTING JOINT STIPULATION TO STRIKE ALLEGATIONS/LIMIT CLAIMS
Dirk O. Julander, Bar No. 132313
doj@jbblaw.com
Catherine A. Close, Bar No. 198549
cac@jbblaw.com
M. Adam Tate, Bar No. 280017
adam@jbblaw.com
JULANDER, BROWN & BOLLARD
9110 Irvine Center Drive
Irvine, California 92618
Telephone: (949) 477-2100
Facsimile: (949) 477-6355
Attorneys for Defendants
KATHERINE MCNAMARA and
JEREMY WHITELEY
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
BREAKING CODE SILENCE, a
California 501(c)(3) nonprofit,
Plaintiff,
vs.
KATHERINE MCNAMARA, an
Individual; JEREMY WHITELEY, an
individual; and DOES 1 through 50,
inclusive,
Defendants.
Case No. 2:22-cv-002052-SB-MAA[PROPOSED] ORDER GRANTING
JOINT STIPULATION TO STRIKE
ALLEGATIONS AND LIMIT
CLAIMS
Trial: Vacated[Assigned to the Hon. Maria A. Audero] Case 2:22-cv-02052-MAA Document 147 Filed 10/26/23 Page 1 of 3 Page ID #:4313
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`
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ORDER GRANTING JOINT STIPULATION TO STRIKE ALLEGATIONS/LIMIT CLAIMS
ORDER
GOOD CAUSE APPEARING and pursuant to the parties’ stipulation, the
Court grants the relief requested as follows:
• Plaintiff BREAKING CODE SILENCE’s Federal Computer Fraud and
Abuse Act (“CFAA”) and California’s Computer Data Access and Fraud Act
(“CDAFA”) claims against Defendant JEREMY WHITELEY and Defendant
KATHERINE MCNAMARA are limited to the allegation that Defendants accessed
a BCS computer or account — including without limitation a Hover DNS account
containing the domain names for breakingcodesilence.org and
breakingcodesilence.com, the Google Search Console, and the WordPress admin
dashboard/console — without authorization, or in excess of authorized access, and
caused BCS’s website (breakingcodesilence.org and/or breakingcodesilence.com) to
be de-indexed.
• Plaintiff BREAKING CODE SILENCE’s claims that either Defendant
JEREMY WHITELEY and/or Defendant KATHERINE MCNAMARA attempted
or obtained unauthorized access, or exceeded authorized access, to any other BCS
protected computer or account, including without limitation, allegations relating to
unauthorized or exceeding authorized access to BCS’s Slack, Google Drive, Google
AdWords, Hootsuite, Zotero, Twitter, TikTok, YouTube, Instagram, Facebook,
Cloudways, and PayPal accounts, are withdrawn and hereby stricken from the
Complaint.
IT IS SO ORDERED.
Dated: _________________ _________________________________
The Honorable Maria A. Audero
United States Magistrate Judge
October 26, 2023
Case 2:22-cv-02052-MAA Document 147 Filed 10/26/23 Page 2 of 3 Page ID #:4314
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`
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of October, 2023, I electronically filed
the foregoing paper(s) with the Clerk of the Court using the ECF system which will
send notification to all parties of record or persons requiring notice.
/s/ Helene Saller
Helene Saller
Case 2:22-cv-02052-MAA Document 147 Filed 10/26/23 Page 3 of 3 Page ID #:4315