EFTA00616921.pdf

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JEFFREY EPSTEIN and L.S.J., LLC, ) Plaintiffs, ) ) ) v. ) FANCELLI PANELING, INC., and ) ) J.P. MOLYNEUX STUDIO, LTD., ) Defendants, ) ) CIVIL NO. 2010/443 ACTION FOR DAMAGES JURY TRIAL DEMANDED J.P. MOLYNEUX STUDIO, LTD.'s MOTION TO REMOVE MATTER FROM DECEMBER TRIAL CALENDAR COMES NOW defendant J.P. MOLYNEUX STUDIO, LTD. ("JPMS"), by and through undersigned counsel, and hereby moves to remove this case from the December 3, 2012 trial calendar, as: (i) said defendant has moved to dismiss both the Second Amended Complaint and FenceIli's Cross-Claims since neither allege any claims on which reliefcan be granted against JPMS; (ii) it would be unduly burdensome and unnecessarily expensive to require JPMS to go to a jury trial in a case it has only recently been made a defendant in and to do so on an expedited basis; (iii) as the undersigned has a previously existing trial scheduled in the District Court of the Virgin Islands for the same day as the court has set this matter. See, September 12, 2011 Trial Management Order in Krieg v. Wessinger, et al., Dist. Ct. Civ. No. 2011-062, annexed hereto as Exhibit 1. As such, the undersigned will be actually engaged in a trial before the District Court of the Virgin Islands on the day this Court has scheduled the trial of this matter.' Additionally, JPMS has moved by separate motion to Stay all discovery in this matter until such time as its Motions to Dismiss have been decided, and as such discovery in this case cannot go forward until that Motion has been ruled on and JPMS' Motions to dismiss arc decided. As such, Because the undersigned did not have his calendar with him during the pretrial conference, the undersigned inadvertently forgot that the Krieg matter had been set for trial on December 3, 2012, and as such did not bring this scheduling conflict to the Court's attention during that pretrial conference. The undersigned apologizes for any inconvenience this has caused. 4020/Super. Cl. Civ. No. 2010-443Thdp/IPMS Mtn to Remove from Trial Cakodar EFTA00616921 Epstein v. Paned!! & J.P. Molyneux Studio. Ltd Molyneux Studio, Ltd.'s Motion to Remove Mauer from December Trial Calendar Sigler. Ct. CN. No. 2010/443 Page 2 this case cannot be ready for trial on the expedited basis set by the Court. WHEREFORE, JPMS respectfully requests that the above matter be removed from the December 3, 2012 trial calendar, and that all discovery be stayed pending the determination of JPMS' Motions to Dismiss, so as to protect JPMS from undue burden and expense. DATED: August 13, 2012 Respectfully submitted, A. J IS & ASSOCIATES By: Wgfss, Esq. sup Lane mas, U.S. Virgin Islands 00802 one: Telecopier: Counsel for Defendant J. P. Molyneta Studio, Ltd CERTIFICATE OF SERVICE It is hereby certified that on this the 13th day of August 2012, I caused a true and exact copy of the foregoing MOTION TO DISMISS CROSS-CLAIMS OF FANCELL I PANELING, INC. to be served via U.S. Mail, postage prepaid, upon the following: Denise M. Francois, Esq. HODGE & FRANCOIS 1340 Taameberg St. Thomas, U.S. Virgin Islands 00802 Counsel for Plaintiffs Jeffrey Epstein & L.S.J., LLC Treston E. Moore, Esq, MOORE DODSON & RUSSELL, P.C. Post Office Box 310 14A Notre Gade St. Thomas, U.S. Virgin Islands 00804-0310 Counsel for Defendant Fanelli Paneling Inc. 4020/Super. Ct. Civ. No. 2010-143/PldpoPMS Mm to Remove tram Trill Calendar EFTA00616922 IIIIHX3 EFTA00616923 Case: 3:11-cv-00062-CVG -RM Document #: 26 Filed: 09/12/11 Page 1 of 2 IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CARL E. KRIEG, Plaintiff, v. ) KENT J. WESSINGER; ) ROBIN A. WESSINGER; ) ADMINISTRATOR OF THE SMALL BUSINESS ) ADMINISTRATION, as agency for the ) United States of America; ESTATE FISH BAY ) OWNERS' ASSOCIATION, LTD.; and SHARON ) SCHOENLEBEN, ) ) Defendants. ) ) ) ROBIN A. WESSINGER, ) ) Cross-plaintiff, ) ) v. ) ) KENT J. WESSINGER, ) ) Cross-defendant ) ) Civil No.: 2011-00062 TRIAL MANAGEMENT ORDER The parties were before the Court on September 12, 2011 on their Amended Report of Rule 26(f) Conference and for an initial pretrial conference. The premises considered, it is hereby ORDERED that the parties will adhere to the following schedule: 1. The parties shall disclose information and exchange documents pursuant to Rule 26(aX1) by October 3, 2011. 2. Mediation will be commenced no later than November 15, 2012. The parties are scheduled to mediate with Judge Stanley Brotman on November 7, 2011 at 9:30 a.m. EFTA00616924 Case: 3:11-cv-00062-CVG -RM Document #: 26 Filed: 09/12/11 Page 2 of 2 3. Written discovery shall be propounded by December 12, 2011. 4. All fact discovery, including depositions, shall be completed by March 15, 2012. 5. The expert witnesses shall be identified, and any expert reports and other information required by Federal Rule of Civil Procedure 26(aX2) produced, on or before April 15, 2012. 6. Rebuttal expert witnesses shall be identified, and any expert reports and other information required by Federal Rule of Civil Procedure 26(aX2) produced, on or before June 1, 2012. 7. All expert discovery will be completed by July15, 2012. 8. The panics shall file dispositive motions and all motions to exclude or to limit expert testimony no later than September I, 2012. 9. The parties shall file their joint final pretrial memorandum, proposed jury instructions, and proposed voir dire, along with a joint neutral statement of the cast for use in jury selection, no later than November 16, 2012. 10. The parties shall file a trial brief or memorandum pursuant to Local Rule 16.1(c) no later than November 20, 2012. II. The final pretrial conference in this matter shall begin promptly at 11:00 a.m. on November 20, 2012. 12. The trial of this matter is scheduled to begin promptly at 9:00 a.m. on December 3, 2012. The trial period extends from December 3, 2012 to December 14, 2011. To the extent that there arc conflicts, the trial date may change to any date within this period. All parties, witnesses and counsel should arrange their schedules accordingly. 13. A status conference is scheduled for December 8, 2011 at 10:00 a.m. 14. This Order supersedes any scheduling order that may have previously been entered in this matter. 15. Counsel shall be familiar with the Court's Policies and Procedures, available at http://www.vid.uscouns.gov/iudges/gornez policies proccdures.pdf. For trial preparation purposes, parties should pay particular attention to the requirements regarding the timing for, and resolution of obj ections to, deposition designations, and the requirements for exhibit preparation. Dated: September 12, 2011 S/ RUTH MILLER UNITED STATES MAGISTRATE JUDGE EFTA00616925 IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JEFFREY EPSTEIN and L.S.J., LLC, ) . ) CIVIL NO. 2010/443 ''',.‘ Plaintiffs, ) ) ACTION FOR DAMAGES v. ) ) JURY TRIAL DEMANDED FANCELLI PANELING, INC., ) ) Defendant, ) ) v. ) ) J.P. MOLYNEUX STUDIO, LTD., ) ) Nominal Defendant. ) ORDER THIS MATTER is before the Court on defendant J.P. MOLYNEUX STUDIO, LTD.'s Motion to Remove Matter from December Trial Calendar. It appearing that all parties have been duly served, and the Court being fully advised as to the premises; it is now therefore hereby ORDERED that defendant's Motion is GRANTED; and it is further ORDERED that the above matter is REMOVED from the December 3, 2012 Trial Calendar; and it is now further hereby ORDERED that all discovery is STAYED pending the determination of J.P. Molyneux Studio, Ltd.'s Motion to Dismiss. SO ORDERED this day of August 2012. HON. JAMES S. CARROU, III, Judge Superior Court of the Virgin Islands ATTEST: VENETIA H. VELASQUEZ Clerk of the Court By: Deputy Clerk EFTA00616926