Waterkeeper Alliance, Inc. v. Spirit of Utah Wilderness, Inc.
Plaintiff: Waterkeeper Alliance, Inc.
Defendant: Spirit of Utah Wilderness, Inc.
Case Number: 7:2010cv01136
Filed: February 11, 2010
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Westchester
Presiding Judge: Kenneth M. Karas
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 2, 2020 Opinion or Order Filing 187 ORDER: By Order dated March 24, 2020 (ECF No. 184), at the request of Jeffrey Salt ("Mr. Salt"), this Court appointed the Federal Defenders of New York for the limited purpose of representing Mr. Salt during his contempt and civil confi nement proceedings. On May 29, 2020, the Court received an email from Mr. Salt's counsel, Susanne Brody, informing of Mr. Salt's dissatisfaction with counsel and requesting appointment of new C.J.A. counsel. Therefore, the Court hereby g rants Mr. Salt's request, orders the substitution of current C.J.A. attorney Susanne Brody and assigns this matter to C.J.A. attorney Daniel Hochheiser. Furthermore, on March 23, 2020, given the COVID-19 outbreak in New York, the Court issued an order extending Mr. Salt's date to surrender, or otherwise purge Defendant Spirit of Utah Wilderness, Inc. ("SUW") and himself of contempt, until June 5, 2020 at 2:00 pm. (ECF No. 183.) Due to the ongoing COVID-19 pandemic, the Court hereby extends Mr. Salt's date to surrender to the United States Marshal for the Southern District of New York, located at 300 Quarropas Street, White Plains, New York, until July 6, 2020 by 2:00 pm to be incarcerated until such time a s he purge Defendant SUW and himself of the contempt. The Federal Defenders is directed to serve a copy of this Order on Mr. Salt and file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 6/2/2020) (rj) Transmission to Office of the Clerk of Court for processing.
March 24, 2020 Opinion or Order Filing 184 ORDER:Plaintiff Waterkeeper Alliance, Inc. ("Plaintiff") commenced this action asserting claims against Defendant Spirit of Utah Wilderness, Inc. ("SUW") and its officers for, inter alia, trademark infringement. By Opinion and Order, dated January 22, 2020, this Court granted Plaintiff's motion seeking to hold Defendant SUW, its officers, and Jeffrey Salt ("Mr. Salt") in further contempt and for an order of imprisonment. (ECF No. 171.) Pursuant to that Op inion and Order, the Court directed Mr. Salt, as an officer and principal of Defendant SUW, to surrender to the United States Marshal for the Southern District ofNew York, located at 300 Quarropas Street, White plains, New York, on March 23, 2020 by 2:00 pm to be incarcerated until such time as he purged Defendant SUW and himself of the contempt. (Id ) On March 23, 2020, given the COVID-19 outbreak in New York, the Court issued an order extending Mr. Salt's date to surrender, or otherw ise purge Defendant SUW and himself of contempt, until June 5, 2020 at 2:00 pm. (ECF No. 183.) Presently before the Court is Mr. Salt's application for attorney services, without payment of fees, during his civil contempt proceedings. Mr. Sal t has submitted a financial affidavit in support of his application. Given that the Court's Third Contempt Order implicates Mr. Salt's liberty interests and Mr. Salt has demonstrated his financial need, the Court appoints the Federal Def enders of New York for the limited purpose of representing Mr. Salt during his contempt and civil confinement proceedings. See 18 U.S.C. § 3006A. The Federal Defenders are directed to serve a copy of this Order on Mr. Salt via mail and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 3/24/2020) (rj)
March 23, 2020 Opinion or Order Filing 183 ORDER: Plaintiff Waterkeeper Alliance, Inc. ("Plaintiff") commenced this action asserting claims against Defendant Spirit of Utah Wilderness, Inc. ("SUW") and its officers for, inter alia, trademark infringement. B y Opinion and Order, dated January 22, 2020, this Court granted Plaintiff's motion seeking to hold Defendant SUW, its officers, and Jeffrey Salt ("Mr. Salt") in further contempt and for an order of imprisonment. (ECF No. 171.) Pursuant to that Opinion and Order, the Court directed Mr. Salt, as an officer and principal of Defendant SUW, to surrender to the United States Marshal for the Southern District of New York, located at 300 Quarropas Street, White plains, New York, on March 23, 2020 by 2:00 pm to be incarcerated until such time as he purged himself of the contempt. (Id.) In light of recent COVID-19 pandemic affecting New York, and given to the directives provided by the Chief Judge of the United States District Court for the Southern District of New York to limit in-person court appearances due to the risk presented by COVID-19, the Court shall extend Mr. Salt's surrender date until June 5, 2020 at 2:00 pm. Plaintiff's counsel is directed to serve a copy of this Order on Mr. Salt and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 3/23/2020) (mro)
January 22, 2020 Opinion or Order Filing 171 OPINION AND ORDER re: 168 MOTION for finding of civil contempt and entry of an order directing the imprisonment of J. Salt re: 160 Memorandum & Opinion,, . filed by Waterkeeper Alliance, Inc.. For the reasons stated above, Plaintiffs motion to hold Spirit of Utah Wilderness, Inc., its officers and Jeffrey Salt in contempt and for an order of imprisonment is GRANTED upon a finding by clear and convincing evidence that said entity and individuals have violated this Court's Default Judgment and Order, Contempt Order and Second Contempt Order. Accordingly, it is hereby ORDERED: That Plaintiff serve a copy of this Opinion and Order, upon Defendant Spirit of Utah Wilderness, Inc., its officers and Jeffre y Salt by regular mail and certified mail, and additionally upon Jeffrey Salt by personal service, within thirty (30) days hereof; That Jeffrey Salt, as an officer and principal of Spirit of Utah Wilderness, Inc. shall surrender to United State s Marshal for the Southern District of New York, located at 300 Quarropas Street, White Plains, New York, on March 23, 2020 by 2:00 pm to be incarcerated until such time as they purge themselves of the contempt; Defendant Spirit of Utah Wilderness, Inc. and Jeffrey Salt may purge themselves of contempt prior to March 23, 2020, provided they demonstrate, as further set forth in this Order. Defendant Spirit of Utah Wilderness, Inc., its officers and Jeffrey Salt pay a $500 fine, plus a daily non-compliance fine of $100 per day for failure to comply with the Default Judgment and Order, dated May 8, 2015. The daily non-compliance fine shall be applied from May 8, 2015 through October 2, 2017; and c. Defendant Spirit of Utah Wil derness, Inc., its officers and Jeffrey Salt pay a $700 fine for each violation occurring from October 3, 2017 through December 5, 2019 (the filing of Plaintiff's third Contempt motion) as further set forth herein. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 168, and to mail a copy of this Order to Defendant( s) at the last know address as listed on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/22/2020) (ks) Transmission to Docket Assistant Clerk for processing.
October 2, 2017 Opinion or Order Filing 135 OPINION AND ORDER: For the foregoing reasons, Plaintiff's motion to hold Defendant and Mr. Salt in civil contempt is GRANTED. Accordingly, Defendant and Mr. Salt are held in civil CONTEMPT of Court for failure to comply with this Court's May 8, 2015 Order. In order to bring about Defendant's and Mr. Salt's compliance, without imposing too great a hardship upon these parties, the Court ORDERS Mr. Salt and Defendant, together, to do the following: 1. Immediately comply fu lly with the terms of the May 8, 2015 Order; 2. Provide Plaintiff and the Court with a complete list identifying with specificity all instances in which Mr. Salt has used the Waterkeeper Marks after May 8, 2015, including in documents, corresponde nce and on the internet, by November 2, 2017; 3. Pay a $500 fine, plus a daily compliance fine of $100 per day for failure to comply with the May 8, 2015 Order as well as this Order; and, 4. Pay a $700 fine for each future violation of the May 8, 2015 Order. The fines are suspended, conditional upon Defendant's and Mr. Salt's compliance with the May 8, 2015 Order and this Order. Should Defendant and Mr. Salt fail to comply with any of the terms set out in the May 8, 2015 Order and/or this Order, on or after November 3, 2017, Plaintiff may move the Court to rescind the suspension and impose the stated fines upon these parties. The parties may move the Court to make reasonable amendments to this Order in lig ht of changed or other circumstances. However, Defendant and Mr. Salt must comply fully with the terms of both Orders until any such amendments are ordered by the Court. It is FURTHER ORDERED that, together, Defendant and Mr. Salt pay Plaintiff� 39;s expenses, including reasonable attorney's fees caused by Defendant's and Mr. Salt's contempt, to be determined by the Magistrate Judge. The Court respectfully directs the Clerk to terminate the motion at ECF No. 120. The Clerk is also directed to mail a copy of this Order to Mr. Salt at the address listed on the docket. (Signed by Judge Nelson Stephen Roman on 10/2/2017) Copies Mailed By Chambers.(rj)
October 17, 2016 Opinion or Order Filing 130 ORDER ADOPTING REPORT AND RECOMMENDATION for 127 Report and Recommendation. For foregoing reasons, the Court adopts the R & R in its entirety and it is hereby ORDERED that the Clerk of Court shall enter judgment for Plaintiff against Defendant for $277,903.39 in attorneys' fees and costs. (Signed by Judge Nelson Stephen Roman on 10/17/2016) (mml)
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Plaintiff: Waterkeeper Alliance, Inc.
Represented By: Paul J. Reilly
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Defendant: Spirit of Utah Wilderness, Inc.
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