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Last week, Judge William H. Orrick issued a decision, Bailey v. Nurmi, No. 3:19-cv-07669-WHO, 2019 U.S. Dist. LEXIS 210931 (N.D. Cal. Dec. 6, 3019), granting a temporary restraining order against the defendant, a Chief Technology Officer for Thorium Cybersecurity. It was shown that Nurmi received actual notice and that Bailey would suffer irreparable harm and greater hardship than Nurmi. The Court enjoined Nurmi from, “accessing, manipulating, altering, or destroying the source code or other confidential information he has allegedly stolen from Thorium's online accounts.”. Id. at *1.
Nurmi resides in Luxembourg and must be served pursuant to the Hague Convention, Before Bailey can get relief beyond the TRO he must serve the documents in French and German to the proper central authority in Luxembourg. Judge Orrick extended the TRO to the maximum allowed by Fed R. Civ. P. 65(b)(2) - 28 days.
Bailey is is the CEO of Thorium, the designer of Ambitrace, software used to trace sensitive data. Nurmi allowed the company’s domain names to expire and also drank excessively. Bailey used Signal to serve a summons on Nurmi which confirmed he received it.
Irreparable harm was established by the fact that Baliey was locked out of Google Apps; Amazon Web Services; and GitHub.