Below is reproduced the exact text of the Order signed by USDJ Charles J. Siragusa on May 23, 2001, declaring Daniel E. Winter in contempt of court and ordering his arrest, closing down his website, and forbidding transfer of its contents. Location of Judge Siragusa's signature is indicated. A graphic reproduction of the actual signature page is available via a link at the end of this file.
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
STANLEY N. TENEN and CYNTHIA TENEN,
)
husband and wife; and MERU FOUNDATION, )
a California non-profit corporation, )
NO. #6:94CV7934
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Plaintiffs,
)
)
v.
)
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DANIEL WINTER, individually and d/b/a )
DANIELWINTER AND FRIENDS and d/b/a
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CRYSTAL HILL INSTITUTE,
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Defendant.
)
_________________________________________)
________________________________________________________________________
ORDER
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The Plaintiffs, through their attorneys, Miles Way Coyne, PLLC, Brian J Coyne Ph.D., J.D., having moved this Court on July 12, 1999 for an Order to Show Cause, directing the Defendant Daniel Winter to show cause why he should not be found in contempt for noncompliance with the Court's Order of September 11, 1998, and the oral settlement of the parties entered on the Record in the Court on June 26, 2000, and the parties having come before this Court, and the Court having decided by way of Order dated February 16, 2001 as to the issues raised in the Order to Show Cause, dated July 12, 1999, holding the post judgment contempt for non payment be set aside and held in abeyance until such time as the automatic stay of the Bankruptcy Court is lifted, and the automatic stay of the Bankruptcy Court being lifted pursuant to an order, dated October 4, 2000, dismissing the Defendants bankruptcy, and pursuant to the amended Order of this Court dated March 8, 2001, amending the Order of February 16, 2001, which required a hearing of the non-payment issues, and the Order requiring all parties to appear in Court on March 15, 2001, and any nonappearing party will be held on default of such proceeding, and such date being adjourned until April 17, 2001 at 9:00 a.m., and the Plaintiffs, appearing by Fix, Spindelman, Brovitz & Goldman, P.C., Holly L. Hansen Esq., of counsel, and the defendant, pro se, not appearing but having sent written communication via email to the Court advising the Court he is in Europe and would not able to attend the contempt hearing, and the Court having taken all of the facts into consideration and hearing the parties on April 17, 2001, it is hereby
ORDERED, that the Plaintiffs' Order to Show Cause why the Defendant Daniel Winter should not be found in contempt is hereby granted, and the Court finds Daniel Winter to be in civil contempt, and it is further
ORDERED, that a warrant of arrest be issued by the Clerk of this Court for the Defendant Daniel Winter, and it is further
ORDERED, that a fine accrue upon entry of this Order of $25.00 per day for each and every day the Defendant Daniel Winter fails to appear in this Court and cure said civil contempt, and it is further
ORDERED, that the Defendant Daniel Winter can cure the civil contempt only upon appearing in the Court and paying the fine accruing at $25.00 per day and complying with the Courts' Order of September 11, 1998, and the Settlement entered on the record, dated June 26, 2000, and/or allow himself to be deposed by Plaintiffs' counsel as to any assets or further information which would allow the Plaintiffs to enforce the Judgment against the Defendant, and it is further
ORDERED, that any and all website servers, hosts or registrars, including Tierranet Hostmaster, Tierranet, Inc. at 3870 Murphy Canon Road, #333, San Diego, CA 90123 and NetworkSolutions.com, Network Solutions, Inc., 505 Huntmar Street,, Herndon, VA 20170, to place a hold on the domain name www.danwinter.com, and that the Defendant Daniel Winter is enjoined from using the domain name www.danwinter.com, and that domain name and the contents of the domain are to be placed on a hold status, it is further
ORDERED, that the Defendant's web site and/or domain name www.danwinter.com be hereby shut down and made inaccessible to the public, and it is further
ORDERED, that any website server, host or registrar, including those mentioned above, are prohibited from allowing the release and transfer of the domain name www.danwinter.com, or the domain and website content, until such time an Order of this Court is issued, and it is further
ORDERED, that the Defendant Daniel Winter pay the Plaintiffs' reasonable travel expenses and attorneys' fees, totaling $2,072.50, for appearing in Court to prosecute the civil contempt of the Defendant Daniel Winter, and it is further
ORDERED, that service of this Order shall be made by the Clerk of this Court to all appearing parties by first class U.S. mail, and that service of this Order shall be made by the Clerk of this Court on the above mentioned non-party web site companies by first class U.S. mall, to the addresses listed above, and it is further
ORDERED, that additional service of this Order be served on the defendant Daniel Winter by the Clerk of this Court by mailing a copy of this Order to Daniel Winters' last known address, at: Daniel Winters, C/O Nieuwenhuijze, 144-Il Govert Flinck Straat, 1072 EN Amsterdam, The Netherlands.
Dated as of this 23 day of May, 2001.
ENTER:
[SIGNATURE]
Hon.
Charles A. Siragusa
SO ORDERED.