Waterkeeper Alliance, Inc. v. Spirit of Utah Wilderness, Inc.
| Waterkeeper Alliance, Inc. |
| Spirit of Utah Wilderness, Inc. |
| 7:2010cv01136 |
| February 11, 2010 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Trademark |
| 15 U.S.C. ยง 1051 |
| None |
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Filing
284
ORDER: Accordingly, the Clerk of the Court is kindly directed to terminate this action. As indicated in the Consent Decree (ECF No. 282), the Court shall retain jurisdiction of this action until March 14, 2028, for the purposes of enforcing the terms of the Consent Decree. Case Stay Lifted. (Signed by Judge Nelson Stephen Roman on 3/16/2023) (ate)
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Filing
282
CONSENT DECREE: It is hereby AGREED, by and between the parties: SUW and each of its current and former officers, employees, agents, successors, and assigns, and all other persons in active concert or participation with it, including, bu t not limited to Salt, re-affirm each and every part of the injunctive relief set forth in the Restraining Order, and shall continue to be permanently restrained from the actions set forth in this order. Salt shall within 45 days of the date of entry of this Order pay that portion of the fine he has the resources to pay, and serve on Plaintiffs counsel and file with the Court an affidavit (the "Financial Affidavit" or "Affidavit") detailing Salt's personal finances in every material respect to the extent that Salt claims he is unable to pay any of the fines imposed by the Court. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/14/2023) (ate)
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Filing
277
ORDER VACATING WARRANT AND DIRECTING RELEASE. The Court orders the following: The Court VACATES the warrant for Mr. Salt's arrest and the order entered on January 22, 2020 (ECF No. 171); The Court ORDERS the release of Mr. Salt from the cus tody of the US Marshals Service, subject to any other warrants or outstanding detainers; Mr. Salt SHALL purge as he agreed to in his letter, as described above; The parties are DIRECTED to file a formal consent order reflecting Mr. Salt's agre ement to purge, as indicated hereto, within 7 days of Mr. Salt's release from custody. In the consent order, the parties are directed to provide a reasonable timeline by which Mr. Salt shall provide documentation regarding his inability to pay his contempt fines. Mr. Salt is reminded that he has agreed to vest the Court with ongoing jurisdiction to enforce his obligations to purge his contempt, as reflected in the Court's prior orders. (See ECF Nos. 135, 160, 171, 250.) The Court w arns that Mr. Salt may be subject to future orders of imprisonment should he fail to purge and comply pursuant to this Order and the forthcoming consent Order. The Court directs defense counsel to personally serve and deliver a copy of this order to Mr. Salt and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/22/23) (yv) Modified on 2/23/2023 (yv).
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Filing
276
ORDER: It is hereby: ORDERED that the above case is scheduled for a Telephonic Status Conference on Wednesday, February 22, 2023 at 2:30 pm EST. Any interested party may listen via teleconference. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. ( Telephone Conference set for 2/22/2023 at 02:30 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 2/21/2023) (ate)
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Filing
269
ORDER: The US Marshal Service effectuated the arrest on Thursday, February 2, 2023. Jeffrey Salt is remanded to the custody of the US Marshal's Service until Jeffrey Salt fully complies with the Court's prior orders. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/7/2023) (tg)
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Filing
262
ORDER denying without prejudice to renewal by formal motion 259 Letter Motion to Stay re: 259 LETTER MOTION to Stay re: 258 Memo Endorsement, arrest warrant addressed to Judge Nelson Stephen Roman from Joseph A. Vita dated April 6, 2022. Mr. Salt's request is DENIED without prejudice to renew before the Second Circuit. Mr. Salt is granted a stay of 21 days for the limited purpose of allowing him to make this application. The warrant will go into effect on April 21, 2022. The Clerk of Court is kindly directed to terminate the motion at ECF No. 259.. (Signed by Judge Nelson Stephen Roman on 4/6/2022) (ate)
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Filing
255
ORDER granting 254 Letter Motion to Stay re: 254 LETTER MOTION to Stay arrest warrant addressed to Judge Nelson Stephen Roman from Joseph A. Vita dated March 15, 2022. The arrest warrant will be stayed until March 23, 2022 to allow Plaintiff time to respond to Mr. Salt's request. Mr. Salt is also directed to indicate in writing what, if any, documents and responses to interrogatories he has provided to Plaintiff on or before March 22, 2022. (Signed by Judge Nelson Stephen Roman on 3/15/2022) (ate)
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Filing
253
ORDER: granting 252 Letter Motion to Stay re: 252 LETTER MOTION to Stay re: 250 Order on Motion to Stay, Cancel arrest warrant or stay execution. addressed to Judge Nelson Stephen Roman from Joseph A. Vita dated January 14, 2022. Mr. Salt's request for an extension to the stay is Granted. The arrest warrant will be stayed until March 16, 2022 to allow Mr. Salt time to comply with the Court's Orders. The Clerk of Court is directed to terminate the motion at ECF No. 252. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/14/2022) (ama)
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Filing
250
ORDER terminating 248 Letter Motion to Stay re: 248 LETTER MOTION to Stay re: 246 Order to Show Cause, Terminate Motions,,,,,, to surrender or purge civil contempt addressed to Judge Nelson Stephen Roman from Joseph A. Vita dated November 12, 2021. Therefore, the Court will issue an arrest warrant and deliver it to the US Marshal Service for the arrest of Jeffrey Salt. Execution of the arrest warrant is stayed until January 17, 2022 at 2:00 PM to allow Mr. Salt time to produce the outstanding documents. The Clerk of Court is kindly directed to terminate the motion at ECF No. 248. (Signed by Judge Nelson Stephen Roman on 11/16/2021) (ate)
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Filing
244
OPINION & ORDER: re: 240 LETTER MOTION for Extension of Time to surrender or purge civil contempt addressed to Judge Nelson Stephen Roman from Joseph A. Vita dated October 15, 2021. filed by Jeffrey Salt. For the foregoing reasons, Salt's motion to alter or amend the judgement is DENIED. The Clerk of Court is kindly directed to terminate the motion at ECF No. 240. (Signed by Judge Nelson Stephen Roman on 10/21/2021) (ate)
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Filing
234
ORDER granting in part and denying in part 232 Letter Motion to Stay re: 232 LETTER MOTION to Stay time to surrender or purge civil contempt, be relieved as CJA counsel and appoint new CJA counsel addressed to Judge Nelson Stephe n Roman from Joseph A. Vita dated September 2, 2021. For the foregoing reasons, the Court GRANTS Mr. Salts request for an extension to the deadline for his surrender on the condition that he provide medical documentation and proof that he has tak en all steps to purge himself of the contemptuous conduct by October 4, 2021. Mr. Salts time to surrender is extended to October 12, 2021 at 12 pm. The Court DENIES counsel's request to withdraw without prejudice. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 232. (Signed by Judge Nelson Stephen Roman on 9/8/2021) (tg)
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Filing
229
ORDER granting 228 Letter Motion to Compel. Mr. Salt is directed to respond to Plaintiff and the Court on or before July 9, 2021. (Signed by Judge Nelson Stephen Roman on 6/25/2021) (rro)
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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.
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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)
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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)
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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.
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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)
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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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