Waterkeeper Alliance, Inc. v. Spirit of Utah Wilderness, Inc.

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)

Case 7:10-cv-01136-NSR Document 234 Filed 09/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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WATERKEEPER ALLIANCE INC.,
:
:
Plaintiff,
:
-against:
:
SPIRIT OF UTAH WILDERNESS, INC.,
:
d/b/a GREAT SALT LAKEKEEPER, or
:
GREAT SALT LAKE WATER KEEPERS,
:
Defendant.
:
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NELSON S. ROMÁN, United States District Judge:

09/08/2021
10-cv-1136 (NSR)
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 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 Defendant SUW and himself of the contempt. (Id.) Since March 23, 2020, the Court has
granted Mr. Salt twelve extensions to the deadline for his surrender. (ECF Nos. 183, 187, 189,
194, 201, 205, 209, 213, 218, 225, 227, & 231.)
Now, by letter dated September 2, 2021, Mr. Salt, through his counsel, requests an
additional extension due to his continued medical issues. (ECF No. 232.) Mr. Salt’s request for
an extension is granted. Mr. Salt’s date to surrender is extended to October 12, 2021 at 12 pm.
Mr. Salt is directed to provide medical documentation to support his assertion that he is unable to

Case 7:10-cv-01136-NSR Document 234 Filed 09/08/21 Page 2 of 2

travel due to a specified medical condition on or before October 4, 2021. Mr. Salt is further
directed to provide proof to the Court and to Plaintiff that he has taken all steps to purge himself
of the contemptuous conduct on or before October 4, 2021.
The September 2, 2021 letter also requests Mr. Salt’s counsel be relieved and replaced as
CJA counsel for Mr. Salt’s contempt and civil confinement proceedings. (ECF No. 232.) Mr. Salt
has had a total of three attorneys request to withdraw from this matter since June of 2020. (ECF
Nos. 187, 220, & 232.) Each attorney has cited Mr. Salt’s dissatisfaction with counsel or
irreconcilable differences as the reason for the withdrawal. (Id.) Mr. Salt cannot continue to be
allowed to create problems with his assigned counsel in order to receive replacement counsel and
further delay his surrender. Guzman v. Fischer, No. 02 Civ.7448 WK AJP., 2003 WL 21744086,
at *13 (S.D.N.Y. July 29, 2003) (“a defendant may seek to change counsel in order to delay trial,
thus interfering with the interests of justice”). Counsel for Mr. Salt’s request to withdraw as CJA
counsel is denied without prejudice to renew at a later date.
For the foregoing reasons, the Court GRANTS Mr. Salt’s request for an extension to the
deadline for his surrender on the condition that he provide medical documentation and proof that
he has taken all steps to purge himself of the contemptuous conduct by October 4, 2021. Mr. Salt’s
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.

Dated: September 8, 2021
White Plains, New York

SO ORDERED

______________________________
NELSON S. ROMÁN
United States District Judge