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

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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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:

2/22/2023

10-cv-1136 (NSR)
ORDER VACATING
WARRANT AND DIRECTING
RELEASE

Plaintiff Waterkeeper Alliance, Inc. (“Plaintiff”) commenced this action on February 11,
2010 asserting claims against Defendant Spirit of Utah Wilderness, Inc. (“SUW” or “Defendant”)
and its officers for, inter alia, trademark infringement. On May 8, 2015, the Court issued a Default
Judgment and Order (ECF No. 100), after the Court found that Defendant had infringed upon
Plaintiff’s marks. On January 22, 2020, the Court issued an order of imprisonment (ECF No. 171)
following Jeffrey Salt’s (“Mr. Salt”) failure to comply with the Court’s contempt orders (ECF Nos.
135, 160, 171). Despite numerous extensions on his time to purge, (see ECF Nos. 183, 187, 189,
194, 201, 205, 209, 213, 218, 225, 227, 231, 234, & 239), Mr. Salt still failed to purge, and the
Court subsequently issued an arrest warrant and delivered it to the US Marshals Service, which
went into effect on April 27, 2022. (See ECF Nos. 250, 263.) On January 20, 2023, the Court
issued and delivered an amended arrest warrant directing the US Marshals Service in the District
of Utah to effectuate the warrant, because as to the Court’s understanding, Mr. Salt’s last known

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residence is in the District of Utah. 1 The US Marshals Service effectuated the arrest on Thursday,
February 2, 2023. Mr. Salt was remanded to the custody of the US Marshals Service.
The Court understands that Mr. Salt is currently being held in the Salt Lake City county
jail, and is set to be transported to the Southern District of New York starting tomorrow morning,
February 23, 2023.
The parties submitted letters to the Court (see ECF Nos. 272, 274, 275) and subsequently
appeared before the Court at a conference on February 22, 2023 to discuss Jeffrey Salt’s intent to
purge. After the conference, counsel for Mr. Salt indicated they obtained Mr. Salt’s agreement to
the steps outlined in a proposal in Plaintiff’s letter, dated February 17, 2023 (ECF No. 275), for
him to purge his contempt. Counsel provided Mr. Salt’s written note (appended to this Order),
which he signs and dates, stating that he agrees to the following:
(i) re-affirm the injunctive relief previously granted by the Court and agree to avoid
interfering with Waterkeeper and its member/affiliate organizations’ business or
activities going forward; (ii) demonstrate that he could not pay a fine; and (iii) vest
the Court with ongoing jurisdiction for a period of time (e.g., 5 years) to enforce
the consent order.
Accordingly, 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 custody 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 agreement
to purge, as indicated hereto, within 7 days of Mr. Salt’s release from custody. In the consent
On September 21, 2022, the Second Circuit, by summary order, affirmed the Court’s contempt orders and
imposition of the imprisonment. (ECF No. 266.)
1

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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 warns 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.

Dated: February 22, 2023
White Plains, NY

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