EFTA00100670.pdf

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN ************ ****** * ********* **** IN THE MATTER OF THE ESTATE OF JEFFREY E. EPSTEIN, Deceased. PROBATE NO. ST-19-PB-80 ACTION FOR TESTATE ADMINISTRATION RESPONSE TO CREDITOR JANE DOE'S MOTION FOR EXTENSION OF TIME RE: REQUEST FOR RULING ON EXPEDITED MOTION FOR ESTABLISHMENT OF A VOLUNTARY CLAIMS RESOLUTION PROGRAM COME NOW the Co-Executors of the Estate of Jeffrey E. Epstein (the "Estate"), DARREN K. INDYKE AND RICHARD D. KAHN, and respond to Creditor Jane Doe's Motion for Extension of Time as follows: 1. Creditor Jane Doe seeks an extension of time to December 23, 2019 to respond to the Co-Executors' Expedited Motion for Establishment of a Voluntary Claims Resolution Program ("Expedited Motion"), filed on November 14, 2019. 2. There is no need for this Honorable Court to extend Creditor Jane Doe's time to respond to the Expedited Motion. As explained more fully in (i) the Expedited Motion, (ii) the Co-Executors' Request for Ruling on Expedited Motion for Establishment of a Voluntary Claims Resolution Program (filed December 4, 2019), and (iii) the Co-Executors' Request for Immediate Hearing or Conference Regarding Expedited Motion for Establishment of a Voluntary Claims Resolution Program (filed contemporaneously herewith), the Co-Executors seek at this juncture only the Court's authorization to use Estate funds to retain the services of independent, nationally recognized claims administration experts — Jordana Feldman, Kenneth Feinberg and Camille EFTA00100670 Estate of Jeffrey E. Epstein Probate No. ST-19-PB-80 Response to Creditor Jane Doe's Request for Extension of Time Page 2 Biros — so that they may promptly proceed with implementation of the Epstein Victims' Compensation Program (the "Program") and design of a Program protocol ("Protocol") to establish a fair, independent claims resolution process for purposes of resolving sexual abuse claims against Jeffrey E. Epstein, deceased. It is undisputed that Creditor Jane Doe and her counsel — as well as all other claimants and their counsel in the stateside litigations — will have the unfettered opportunity to provide their input on the Protocol. Only after the Protocol is developed and finalized will the Co-Executors submit it to the Court for approval, and will seek an order to formally commence claims resolution proceedings under the Program. In the event that Creditor Jane Doe objects to the Protocol (or any other aspect of the Program), she may lodge her objection with the Court at that time. 3. There is also an extraordinary danger in allowing Creditor Jane Doe to now slow down the design and implementation of the Program — the inevitable, unfortunate result of granting her request for an extension of time. As explained more fully in the Co-Executors' multiple applications to the Court noted above, a substantial risk exists that further delay will derail the proposed Program before it can succeed. That would be a disastrous result for both claimants and the Estate. Accordingly, and as set forth more fully in the contemporaneously filed Request for Immediate Hearing or Conference Regarding Expedited Motion for Establishment of a Voluntary EFTA00100671 Estate opeffiey E. Epstein Response to Creditor Jane Doe's Request for Extension of Time Probate No. ST-I9-PB-80 Page 3 Claims Resolution Program, it is respectfully requested that this Honorable Court deny the Motion for Extension of Time. Dated: December 13, 2019 Respectfully, CHRIST° H AL KOB IN, ESQ. ANDREW W. HEYMANN, ESQ. WILLIAM L. BLUM, ESQ. SHARI N. D'ANDRADE, ESQ. MARJORIE WHALEN, ESQ. V.I. Bar Nos. 136, 966, 1221 & R2019 KELLERHALS FERGUSON KROBLIN PLLC ng MaS V.1. Telephone: Facsimile: Email: EFTA00100672 Estate of Jeflity E. Epstein Probate No. ST- I9-PB-80 Response to Creditor Jane Doe's Request for Extension of Time Page 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13th day of December 2019, 1 caused a true and exact copy of the foregoing Response to Creditor Jane Doe's Request for Extension of Time Re: Request for Ruling on Expedited Motion for Establishment of a Voluntary Claims Resolution Program to be served via electronic mail upon: John H. Benham, Esq. Benham, P.C. St. Thomas, VI 00801 Douglas B. Chanco, Esq. ChancoSchiffer P.C. A. Jeffrey Weiss, Esq. A.J. Weiss & Associates Richard P. Boume-Vanneck, Esq. Law Offices of Richard Bourne-Vanneck Sean Foster, Esq. oberts, P.C. St. Thomas, VI 00804 95703456 I EFTA00100673