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S.D.N.Y.Procedural orderFiled Apr. 6, 2022

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

Judge
Nelson Roman
Docket
7:10-cv-01136
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Waterkeeper Alliance v. Spirit of Utah Wilderness, Judge Roman denied Jeffrey Salt’s request for a further stay without prejudice but granted a limited 21-day stay.

Who this affects

Jeffrey Salt, whose arrest warrant was stayed for 21 days and was scheduled to go into effect on April 21, 2022.

What happened

In Waterkeeper Alliance, Inc. v. Spirit of Utah Wilderness, Inc., Jeffrey Salt asked the court to extend the stay of an arrest warrant. His lawyer said Salt’s medical problems, hospitalization, and positive COVID-19 test prevented him from completing document production and answering interrogatories required by earlier court orders.

Salt’s lawyer also argued that Salt had stopped using Waterkeeper’s trademarks, had provided financial information, and had appealed related contempt and imprisonment orders. The lawyer asked the court to keep the warrant on hold until the appeal was resolved.

Judge Nelson S. Roman denied Salt’s request without prejudice to renewing it before the Second Circuit. Judge Roman granted a 21-day stay for the limited purpose of allowing Salt to make that application, and stated that the warrant would go into effect on April 21, 2022.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Waterkeeper Alliance, Inc. v. Spirit of Utah Wilderness, Inc. · No. 7:10-cv-01136
Judge
Nelson Roman
Date
Apr. 6, 2022

Background

The filing concerns Jeffrey Salt’s compliance with earlier orders requiring document production and responses to interrogatories. Counsel stated that Salt had complied with other requirements, including stopping use of Waterkeeper’s trademarks and publicly posting a required statement. Counsel also stated that Salt had not paid imposed fines but had submitted an affidavit, bank statements, and tax returns concerning his inability to pay. The filing says the court had previously recognized that inability to pay.

The court had previously stayed execution of an arrest warrant for limited periods. An earlier order extended the stay only until April 7, 2022 and described that extension as final. Counsel asked the court to reconsider and grant another extension, citing Salt’s medical impairments, hospitalization, and positive COVID-19 test. Counsel also said that Salt had an appeal pending in the Second Circuit involving the contempt and imprisonment orders and asked that the warrant remain stayed until the appeal was resolved.

Ruling

Judge Nelson S. Roman denied Salt’s request without prejudice to renewal before the Second Circuit. The court granted Salt a 21-day stay for the limited purpose of allowing him to make that application. The court stated that the warrant would go into effect on April 21, 2022, and directed the Clerk of Court to terminate the motion at ECF No. 259.

Classification

This is a procedural order concerning a stay of an arrest warrant connected to contempt-order compliance. The ruling did not decide the underlying trademark or contempt issues.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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