Blog Updates
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 ...
3/25/24 – In-Person Status Conference Hearing
In-Person Status Conference Hearing 3/25/24 Below is the transcript directly loosely transcribed from audio. Court: In case 22 cv2052, breaking code silence versus McNamara et al. Please state your appearance is beginning with plaintiffs. Lueddeke: Good afternoon, your honor. Jason Lueddeke on behalf of the plaintiff. Court: Good ...
3/4/24 – The Court sets In-Person Status Conference
The Court sets In-Person Status Conference 3/4/24 The civil minutes are below. The conference was initially set for March 20th but later changed to March 25th. Whiteley and McNamara were ordered to appear in person, as well as a representative of Breaking Code Silence and the parties' counsel. ...
3/29/24 – Reply Brief in Support of McNamara’s Motion for Summary Judgment
Reply Brief in Support of McNamara's Motion for Summary Judgment 3/29/24
2/29/24 – Reply Brief in Support of Whiteley’s Motion for Summary Judgment
Reply Brief in Support of Whiteley's Motion for Summary Judgment 2/29/24 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 REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ...
CA Protects Survivors from Predatory Defamation Lawsuits Meant to Silence Them
CA Gov. Newsom Signs MeToo Bill AB 933, Protecting Survivors from Predatory Defamation Lawsuits Meant to Silence Them On October 10, 2023, Governor Gavin Newsom signed into law Assembly Bill (AB) No. 933. The new law provides further protection to individuals who are victims of sexual offenses and ...
Bankruptcy? Think Again
While most debts can generally be discharged by filing a bankruptcy case, certain debts are excepted from discharge. Sexual harassment, Breach of Contract, and Malicious Prosecution judgments may be excepted from discharge pursuant to 11 U.S.C. §523(a)(6), which excepts debts “for willful and malicious injury by the debtor to ...
2/23/24 – Motion for Summary Judgment – McNamara
Motion for Summary Judgment - McNamara 2/23/24 From McNamara's Motion for Summary Judgment: From documents BCS produced in discovery, it is clear that this lawsuit is no more than retribution against Defendants for perceived wrongs against BCS’s principals who had been plotting to sue Defendants long before the ...
Breaking Code Silence’s Research Grant
The Breaking Code Silence Research Grant In June 2021, the Breaking Code Silence Board of Directors formally reviewed and voted on an application for $500,000 research grant to the Conrad Hilton Foundation. If approved, this grant would first be awarded to Breaking Code Silence and then transferred to ...
2/15/24 – Status Report Regarding Motion for Evidentiary and Monetary Sanctions
Status Report Regarding Motion for Evidentiary and Monetary Sanctions 2/15/24 Below is the status report regarding the outcome of Phase 1 RE: Motion for Evidentiary and Monetary Sanctions under Rule 37. To find out more information on these sanctions, you can read the court-ordered IDC transcripts here and ...
11/22/23 – Motion For Summary Judgment – Jeremy Whiteley
From Jeremy Whiteley’s Motion for Summary Judgment. "Discovery has revealed that this lawsuit is no more than retribution. Breaking Code Silence’s principals had been plotting to sue Defendants long before the alleged deindexing of BCS’s website in an effort to: (1) trigger an insurance payout which ...
Forensic Investigation
Forensic Investigation Breaking Code Silence's Investigation According to BCS’s Complaint, in early March 2022, one of BCS’s board members was making changes to BCS’s website. The board member searched for BCS’s website on Google Search to see how the changes looked. However, when she searched for the ...
Breaking Code Silence’s Registry of Charitable Trusts Timeline
Breaking Code Silence's Registry of Charitable Trusts Timeline Click here to check Breaking Code Silence's status with the California Attorney General's Registry of Charitable Trusts
Breaking Code Silence’s IRS 990 Timeline
Breaking Code Silence's IRS 990 Timeline Click here to check Breaking Code Silence's 990 and tax-exempt status with the IRS
Breaking Code Silence’s Damages
Breaking Code Silence's Damages Breaking Code Silence's Damages Investigation Breaking Code Silence assigned Vanessa Hughes and Jennifer Magill as the Persons Most Qualified to speak on its behalf on the damages alleged. However, during their depositions, both appeared to struggle to articulate any cost to BCS related ...
The Domain
The Domain During this litigation, we believe that Breaking Code Silence's posture is that they believe that they somehow already own Mrs. McNamara's domain. Even more stunning, Breaking Code Silence admitted, through discovery, that Mrs. McNamara purchased this domain over a year before the company was incorporated, BCS ...
1/17/24 – Precedent-setting victory to address the standard for establishing ownership of online accounts
Precedent-setting victory in the Second Circuit 1/17/24 From the press release: A team of Haynes and Boone, LLP intellectual property litigators earned a precedent-setting victory regarding ownership of social media accounts in the United States Court of Appeals for the Second Circuit on Wednesday, Jan. 17. This decision ...
10/26/23 – Breaking Code Silence Withdraws Most Claims
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 ...
A Plot To Sue?
A Plot To Sue? 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 ...
The Pretender Part 2
The Pretender Part 2 Shortly after Dr. Schwartz's book was published, he received a demand letter from an attorney hired by Dr. Athena Kolbe outlining what they claimed to be over 100 factual inaccuracies. This letter threatened that legal action would be taken if Dr Schwartz did not ...
The Pretender Part 1
The Pretender Part 1 When Katherine McNamara and Jeremy Whiteley left Breaking Code Silence, Dr. Athena Kolbe was the director of research for Breaking Code Silence. She was listed as the Principle Investigator for the Breaking Code Silence research project which was originally subcontracted to the University of ...
Anonymous Employee
Anonymous Employee In November 2021, Breaking Code Silence hired several employees. All of the new employees were hired with a time-limitation of 2 months except for this employee. She was promised long-term employment at Breaking Code Silence but was laid off weeks later by now-CEO Jennifer Magill after ...
Katherine McNamara
Katherine McNamara
Jeremy Whiteley
Jeremy Whiteley
An Alaskan Trust? – McNamara et al vs Breaking Code Silence Update
On July 18th, 2023, the following Declaration in Support of Attorney's Motion to be Relieved as Counsel - Civil was filed by Vanessa Hughes' counsel. MC052 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO.: ATTORNEY ...
Breaking Code Silence hasn’t registered to take donations in Colorado
Breaking Code Silence is registered in the State of Colorado as a Foreign Nonprofit Corporation. This is because they have a business presence in the State of Colorado. However they have not registered as a charity to legally accept donations. The State of Colorado requires all nonprofits doing ...
7/14/23 – Joint Stipulation For Defendants Motion For Evidentiary/Monetary Sanctions
Joint Stipulation For Defendants Motion For Evidentiary/Monetary Sanctions 7/14/23 From the Joint Stipulation For Defendant's Motion For Evidentiary and Monetary Sanctions Under Rule 37 of FRCP: Page 1: One of the primary allegations against Defendants (and virtually the only allegation against Jeremy Whiteley) is that the defendants were ...
7/12/23 – Joint Stipulation for Motion to Compel Slack Communications and For Sanctions
Joint Stipulation for Motion to Compel Slack Communications and For Sanctions 7/12/23 From the Joint Stipulation Re: Defendants Katherine McNamara and Jeremy Whiteley's Motion to Compel Slack Communications and For Sanctions: One of the primary allegations against Defendants (and virtually the only allegation against Jeremy Whiteley) is that ...
California Attorney General Changes Breaking Code Silence’s Registry Status to “Delinquent”
Introduction - Breaking Code Silence, is a California 501(c)(3) nonprofit corporation. Every charitable corporation, including Breaking Code Silence, unincorporated association, charitable trustee and other legal entities holding property for charitable purposes, must file with the Attorney General an initial registration form and other documents required by law. Under Government Code ...
8/9/23 – Informal Discovery Conference Transcript
Informal Discovery Conference Transcript 8/9/23 Pursuant to the court order from the in-person Informal Discovery Conference (IDC) on August 9th, 2023, the Honorable Judge Audero ordered Breaking Code Silence to post the following transcript to the public docket within 30 days. This in-person conference was in response to ...