Blog Updates
A Plot To Sue? – The Extended Timeline
From the start of the federal action, Whiteley and McNamara have both contended that Breaking Code Silence’s Complaint was no more than judicial extortion and retaliation. Both Whiteley and McNamara believe that the Plaintiff’s allegations were a work of fiction designed to intimidate McNamara into surrendering a domain name ...
Breaking Code Silence’s Failure To Pay Sanctions
As of May 9th, 2025, Breaking Code Silence has not paid any portion of the sanction awards totaling $66,217.33, nor has it proposed an acceptable payment plan to the court. Despite this situation, McNamara continues to allow her domain, www.breakingcodesilence.org, to redirect users to Breaking Code Silence's website. Breaking Code ...
9/17/24 – Order Denying Plaintiffs Motion for Payment Plan
Order Denying Plaintiffs Motion for Payment Plan 9/17/24 Below is the order of the Court denying Plaintiff's Motion for Payment Plan and Extension to Pay Discovery Sanctions Amount. The court did note that Breaking Code Silence did not follow its orders concerning the original Motion to Dismiss to ...
9/13/24 – Plaintiff’s Reply in Support of Motion for Payment Plan
Plaintiff's Reply in Support of Motion for Payment Plan 9/13/24 Below is the Plaintiff's Reply in Support of Motion for Payment Plan and Extension to Pay Discovery Sanctions Amount. This is a reply to Whiteley and McNamara's opposition to their motion. The original motion only included a declaration ...
9/6/24 – Breaking Code Silence ordered to pay $34,986.50 in Sanctions
Breaking Code Silence ordered to pay $34,986.50 in Sanctions 9/6/24 On September 6th, 2024, the Court ruled on Whiteley and McNamara's Motion for Sanctions under Rule 37 of the Federal Rules of Civil Procedures. Below is the entire order from the Court. Some notable quotes: "Although BCS now ...
8/28/24 – Opposition to Plaintiff’s Motion for Payment Plan
Opposition to Plaintiff's Motion for Payment Plan and Extension to Pay Sanctions Amount 8/28/24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 OPPOSITION TO MOTION FOR PAYMENT ...
8/26/24 – Plaintiff’s Motion for Payment Plan
Plaintiff's Motion for Payment Plan and Extension to Pay Discovery Sanctions Amount 8/26/24 Below is the Plaintiff's Reply in Support of Motion for Payment Plan and Extension to Pay Discovery Sanctions Amount [ECF 212] and the accompanying declaration by Magill. We want to briefly note why we chose to ...
8/15/24 – Declaration of Jennifer Magill – ECF 212
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 ...
7/25/24 – Breaking Code Silence ordered to pay $15,342 in Sanctions
Breaking Code Silence ordered to pay $15,342 in Sanctions 7/25/24 Below is the order granting the Motion for Sanctions related to the Slack production. The Court ordered Breaking Code Silence to pay Whiteley and McNamara the sum of $15,342. Some notable quotes from the motion: "Here, it was ...
5/24/24 – Supplement to Notice of Motion and Motion for Sanctions
Supplement to Notice of Motion and Motion for Sanctions 5/24/24 Additional Information: Declaration of Adam Tate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 JOINT STIPULATION RE: ...
5/8/24 – Order Granting Request for Voluntary Dismissal with Prejudice
Order Granting Request for Voluntary Dismissal with Prejudice 5/8/24 Below is the order granting the voluntary dismissal with prejudice of the federal action. It should be noted that the Court chose not to adopt Breaking Code Silence's pretext for why they were dismissing the case in its order. ...
5/1/24 – DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO REDUCE FEES AND COSTS
DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO REDUCE FEES AND COSTS 5/1/24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OPPOSITION TO MOTION TO REDUCE FEES AND COSTS Dirk ...
5/1/24 – PLAINTIFF’S REPLY IN SUPPORT OF REQUEST FOR VOLUNTARY DISMISSAL
PLAINTIFF’S REPLY IN SUPPORT OF REQUEST FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FRCP 41(a)(2) 5/1/24 Below is Breaking Code Silence's response to DEFENDANTS’ RESPONSE TO PLAINTIFF’S REQUEST FOR DISMISSAL WITH PREJUDICE. Some notable parts: Whiteley and McNamara noted in their response that the court had ordered BCS ...
4/25/24 – Supplemental Joint Stipulation RE: Motion to Compel
Supplemental Joint Stipulation RE: Attorney's Fees on Defendants Motion to Compel Slack Communications and for Sanctions 4/25/24 Below is the supplemental joint stipulation requested by the Court regarding Whiteley and McNamara's Motion to Compel and for Sanctions against Breaking Code Silence. 1 2 3 4 5 6 ...
4/24/24 – PLAINTIFF’S MOTION TO REDUCE DEFENDANTS’ REQUESTED ATTORNEYS’ FEE
PLAINTIFF’S MOTION TO REDUCE DEFENDANTS’ REQUESTED ATTORNEYS’ FEES AND COSTS RELATED TO SUBPOENA DISCOVERY 4/24/24 PLAINTIFF’S MOTION TO REDUCE DEFENDANTS’ REQUESTED ATTORNEYS’ FEES AND COSTS RELATED TO SUBPOENA DISCOVERY CASE NO. 2:22-CV-002052-SB-MAA DLA PIPER LLP (US) WW W.D LA PI PE R.CO M 1 2 3 4 5 ...
4/24/24 – DEFENDANTS’ RESPONSE TO PLAINTIFF’S REQUEST FOR DISMISSAL
DEFENDANTS’ RESPONSE TO PLAINTIFF’S REQUEST FOR DISMISSAL WITH PREJUDICE 4/24/24 Below is Whiteley and McNamara's Response to the Request for Dismissal with Prejudice. We believe it summarizes the case's recent events. Note: Breaking Code Silence's recent 990s are also included in the exhibits. Strangely, on Part IV of ...
4/17/24 – Declaration of Jennifer Magill in Support of Plaintiff’s Request for Voluntary Dismissal
4/17/24 - Declaration of Jennifer Magill in Support of Plaintiff's Request for Voluntary Dismissal Below is the declaration that Jennifer Magill, CEO of Breaking Code Silence, filed in support of their Request for Voluntary Dismissal. Attached to this declaration, she included a single bank statement, a billing statements ...
4/10/24 – Civil Minutes – General
Civil Minutes - General 4/10/24 Below are the Civil Minutes from the Court in response to the Motion to Dismiss by Breaking Code Silence. As highlighted, the Honorable Judge was ready for a decision on one of the Motions for Summary Judgment even without the decision made on ...
4/8/24 – PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FRCP 41(a)(2)
PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FRCP 41(a)(2) 04/08/2024 Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff Breaking Code Silence (“BCS”) respectfully requests that the Court permit BCS to dismiss, with prejudice, its Complaint against Defendants Katherine McNamara and Jeremy Whiteley (“Defendants”). “[A]n action ...
4/5/24 Status Conference Call
4/5/24 Status Conference Call An in-person status conference was held on 3/25/24, which counsel for both sides attended. During that status conference, the following was stated by the Court: "...And then that would bring those officers and directors under my jurisdiction, so that I, if they continue to ...