Waterkeeper Alliance, Inc. v. Spirit of Utah Wilderness, Inc.
||Waterkeeper Alliance, Inc.
||Spirit of Utah Wilderness, Inc.
||February 11, 2010
||New York Southern District Court
||White Plains Office
||Kenneth M. Karas
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|October 2, 2017
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
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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