EFTA00309164.pdf

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JEFFREY EPSTEIN and L.S.I., LLC, Plaintiffs, -vs- FANCELLI PANELING, INC., Defendant. CASE NO. ST-10-CV-443 ACTION FOR DAMAGES JURY TRIAL DEMANDED PLAINTIFFS' RULE 26(a) INITIAL DISCLOSURE STATEMENT' The Plaintiffs Jeffrey Epstein and L.S.I., LLC, by and through their undersigned counsel, Hodge and Francois, and pursuant to Rule 26 of the Federal Rules of Civil Procedure, hereby make their initial disclosures as follows: I. Fed. Rule Civ. P. 26(a)(1)(A)(i). The following are individuals likely to have discoverable information regarding the incident raised in the Plaintiffs' First Amended Complaint: A. Jeffrey E. Epstein, do Fiodge & Francois, 1340 Taameberg, St. Thomas, VI 00802, Telephone: 340-774-6845 B. Doug Schoettle, do Hodge & Francois, 1340 Taameberg, St. Thomas, VI 00802, Telephone: 340-774-6845 C. Gary Kemey, do Hodge & Francois, 1340 Taameberg, St. Thomas, VI 00802, Telephone: 340-774-6845 D. Juan Pablo Molyneux, 750 Lexington Ave., 5111 FL, New York, NY 10022, Telephone: 212-628-0097 E. Doug Stine, J. P. Molyneux Studio, Ltd. 750 Lexington Ave., 51h Fl., New York, NY 10022, Telephone: 212-628-0097 As of the date of this Disclosure Statement, the Defendant has not filed an Answer to the Plaintiffs' First Amended Complaint, and both the Plaintiffs and the Defendant have motions to reconsider pending. When the Defendant does file an Answer to the First Amended Complaint, the Defendant may assert defenses which may expand the scope of this litigation and thus impact the scope of discovery. Accordingly, this Initial Disclosure Statement is subject to amendment. EFTA00309164 Plaintiffs' Rule 26(a) Required Disclosures Epstein net v. lance!!! Paneling, Inc. Case No. ST-10-CV-443 F. Jean Pierre Fancelli, Fancelli Paneling, Inc., 24 East 64th Street, New York, NY, 10021,Telephone: 212-935-6537 G. Christian Barthod, Fanelli Paneling, Inc., 24 East 64'h Street, New York, NY, 10021, Telephone: 212-935-6537 As of the date of this Disclosure Statement, the Defendant has not filed an Answer to the Plaintiffs' First Amended Complaint, and both the Plaintiffs and the Defendant have motions to reconsider pending. When the Defendant does file an Answer to the First Amended Complaint, the Defendant may assert defenses which may expand the scope of this litigation and thus impact the scope of discovery. Accordingly, this Initial Disclosure Statement is subject to amendment, and the Plaintiffs reserve the right to supplement this disclosure. II. Fed. R. Civ. P. 26(a)(1)(A)(l1). The following are documents, information and/or things in Plaintiffs' possession, custody or control that may be used to support their defenses: A. Emails, memoranda, purchase orders and correspondence relating to the Office Pavilion and Library Cabinetry on Little Saint James Island which are the subject of the Plaintiffs' First Amended Complaint. B. Photographs relating to the Office Pavilion and Library Cabinetry which are the subject of the Plaintiffs' First Amended Complaint. C. Affidavit of Juan Pablo Molyneux relating to the Library Cabinetry. D. Video of incomplete and defective Library Cabinetry in the Office Pavilion on Little Saint James Island. E. All documents and things produced by the Defendant pursuant to Rule 26(a)(1) during the course of discovery. The documents and other tangible things itemized above are located and available for inspection at the law offices of Hodge & Francois, 1340 Taamcberg, St. Thomas, VI 00802. As of the date of this Disclosure Statement, the Defendant has not filed an Answer to the Plaintiffs' First Amended Complaint, and both the Plaintiffs and the Defendant have motions to 2 EFTA00309165 Plaint** Rule 26(a) Required Disclosures Epstein et al v. Fancelli Paneling, Inc. Case No. ST-Ill-CV-443 reconsider pending. When the Defendant does file an Answer to the First Amended Complaint, the Defendant may assert defenses which may expand the scope of this litigation and thus impact the scope of discovery. Accordingly, this Initial Disclosure Statement is subject to amendment, and the Plaintiffs reserve the right to supplement this disclosure. HI. Fed. R. Civ. P. 26(a)(1)(A)(111): Computation of any category of damages. The Plaintiffs' damages include, but are not limited to, the money they paid for the Library Cabinetry which was in excess $780,000, plus additional expenses incurred to correct the defects in the Library Cabinetry, the loss of use of the funds paid to Fancelli through Molyneux; and the loss of time and effort of the Plaintiffs' staff, and the expenditure of funds, in the attempt to obtain Fancelli's performance of its contractual duties. The Plaintiffs' damages will include the cost to have qualified craftsmen and artisans travel to Little Saint James Island to evaluate, complete and/or correct the Library Cabinetry. The Plaintiffs' damages will also include attorney's fees and costs incurred in prosecuting this matter. As of the date of this Disclosure Statement, the Defendant has not filed an Answer to the Plaintiffs' First Amended Complaint, and both the Plaintiffs and the Defendant have motions to reconsider pending. When the Defendant does file an Answer to the First Amended Complaint, the Defendant may assert defenses which may expand the scope of this litigation and thus impact the scope of discovery. Accordingly, the Plaintiffs' computation of damages is subject to amendment. 3 EFTA00309166 Plaintiffs' Rule 26(a) Required Disclosures Epstein a al. it. Fanelli Paneling, Inc. Case No. ST•IO.CV•443 IV. Fed. R. Civ. P. 26(a)(2)(A): Disclosure of Expert Testimony. As of the date of Disclosure Statement, the Plaintiffs have not made a determination as to any expert witnesses that they may use at trial. As of the date of this Disclosure Statement, the Defendant has not filed an Answer to the Plaintiffs' First Amended Complaint, and both the Plaintiffs and the Defendant have motions to reconsider pending. When the Defendant does file an Answer to the First Amended Complaint, the Defendant may assert defenses which may expand the scope of this litigation and thus impact the scope of discovery and any decisions concerning expert witnesses. Accordingly, this Initial Disclosure Statement is subject to amendment, and the Plaintiffs reserve the right to supplement this disclosure in the event any expert witnesses are selected. Any expert will rely upon the documents produced herewith, and any other documents that may be produced or discovered hereafter. V. Fed. R. Civ. P. 26(a)(3): Pretrial Disclosures-Evidence to be presented at trial. The Plaintiffs will rely upon the documents produced herewith, and any other documents that may be produced or discovered hereafter. Further, as of the date of this Disclosure Statement, the Defendant has not filed an Answer to the Plaintiffs' First Amended Complaint, and both the Plaintiffs and the Defendant have motions to reconsider pending. When the Defendant does file an Answer to the First Amended Complaint, the Defendant may assert defenses which may expand the scope of this litigation and thus impact the scope of discovery. Accordingly, this Initial Disclosure Statement is subject to amendment, and the Plaintiffs reserve the right to supplement this disclosure in the event any additional information, documents or things are produced or discovered during the pre-trial discovery process. 4 EFTA00309167 Plaintiffs' Rule 26(a) Required Disclosures Epstein et at v. Fancelli Paneling, Inc. Case No. ST-10-O4443 VI. Fed. R. Civ. P. 26(a)(I)(A)(iv) Any insurance agreement under which any insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. The Plaintiffs are not a party to any agreements responsive to this required initial disclosure. PLEASE TAKE NOTICE that the Plaintiffs are aware of their duty to supplement all discovery pursuant to Fed. R. Civ. P. 26(e), and will comply with said duty. The Plaintiffs hereby notify the Defendant of its reciprocal duties and request compliance with the same. The Plaintiffs reserve the right to move the Court for any sanctions pursuant to Fed. R. Civ. P. 37 as the circumstances may warrant. Respectfully submitted, HODGE & FRANCOIS Dated: id 171201 1 By: CUACti2/1.) Denise Francois, Esquire 1340 Taarneberg St. Thomas, VI 00802 Tel: 340-774-6845 Fax: 340-776-7720 deniseehodgefrancois.com 5 EFTA00309168 Plaintiff's' Rule 26(a) Required Disclosures Epstein et al. v. Fanelli Paneling, Inc. Case No. ST-lO-CV•443 CERTIFICATE OF SERVICE On this 17th day of October 2011, I hereby certify that I caused the foregoing Plaintiffs' Rule 26(a) Initial Disclosure Statement to be served via U.S. Mail, postage prepaid upon Treston E. Moore, Esquire, Moore, Dodson & Russell, P.C. at P.O. Box 310, St. Thomas, VI 00804-0310. 11-nate.htlik Anna Iti cttl3 6 EFTA00309169