EFTA00309172.pdf

, © IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF St THOMAS AND ST. JOHN JEFFREY EPSTEIN and L.S.J., LLC, Plaintiffs, FANCELLI PANELING, INC., Defendant. CASE NO. ST-10-CV-443 ACTION FOR DAMAGES JURY TRIAL DEMANDED MOTION FOR ENLARGMENT OF TIME TO FILE MOTION FOR RECONSIDERATION OF ORDER THAT PLAINTIFFS JOIN MOLYNEUX STUDIO. LTD. AS A PARTY TO THIS ACTION COME NOW the Plaintiffs, Jeffrey Epstein and L.S.J., LLC, by and through their undersigned counsel, Hodge & Francois, and move this Court, pursuant to Super. Ct. R. 10(a)(2) and LRCi 7.3 for an enlargement of time within which to file Plaintiffs' motion for reconsideration of this Court's Order, entered May 24, 2011, which directs Plaintiffs to joins. Molyneux Studio, Ltd. as a party to this action. As grounds for this Motion for Enlargement of Time, the Plaintiffs rely upon the following: 1. On May 26, 2011, the undersigned counsel received a copy of the civil docket' in the above captioned case which the Plaintiffs had ordered previously. 2. The docket sheet indicates that on May 16, 2011 several Orders and a Memorandum Opinion had been signed by The Honorable James S. Carroll, HI. 3. The same docket sheet indicates that on May 20, 2011 the file was returned to the Clerk's Office and that on May 24, 2011 there was a Notice of Entry of Two Orders dated May 16, 2011. I A true and correct copy of the Civil Docket Sheet is marked Plaintiffs' Exhibit I. attached hereto and incorporated herein. EFTA00309172 Motion for Enlargement of Time to File Motion for Reconsideration of Order to Joint Molyneux Studio, Ltd. Epstein vs. Fanceili Paneling, Inc. Civil No. ST-10-O4443 4. The undersigned counsel's office has either an office employee or an independent courier check the Hodge & Francois "mailbox- at the Superior Court at least once a day, and as of May 26, 2011 the undersigned counsel had not received any Orders or the Memorandum Opinion from the Court that the docket sheet indicated had been entered on May 24, 2011. 5. The undersigned counsel called the Superior Court on May 26, 2011 to obtain copies of the Orders and the Memorandum Opinion identified on the civil docket sheet but was unable to receive copies on that day. 6. A copy of the Order directing the Plaintiffs to join M. Molyneux Studio, Ltd. as a party to this action and file a Second Amended Complaint within 14 days of May 24, 2011 was faxed to the undersigned counsel on May 27, 2011. 7. Although said Order was entered May 24, 2011, the undersigned counsel did not receive the Order until May 27, 2011 thereby reducing by three business days the time within which Plaintiffs could comply with or move for reconsideration of the Order to join M. Molyneux Studio, Ltd. by filing a Second Amended Complaint. 8. In addition to the foregoing delay in delivery of the Order entered on May 24, 20112, there exists a confidential settlement agreement and release (the "Confidential Agreement") by and among Plaintiffs, Juan Pablo Molyneux and J. P. Molyneux Studio, Ltd. which prohibits Plaintiffs from revealing any facts about the Confidential Agreement or its terms without first giving five (5) business days advance written notice to Juan Pablo Molyneux and Molyneux Studio, Ltd. of Plaintiffs' intent to reveal facts about the Confidential Agreement. 2 The Order is dated May 16, 2011. 2 EFTA00309173 Motion for Enlargement of Time to File Motion for Reconsideration of Order to Join.. Molyneux Studio, Ltd. Epstein vs. Fanelli Paneling, Inc. Civil No. ST-10-CV-443 9. Plaintiffs wish to include disclosure of certain terms of the Confidential Agreement in support of their motion for reconsideration but they must first give Juan Pablo Molyneux andS. Molyneux Studio, Ltd. five (5) business days advance notice before doing so. In light of the delay in receiving the time sensitive Order entered on May 24, 2011 and given the terms of the Confidential Agreement, which requires five (5) business days advance notice to Juan Pablo Molyneux and.. Molyneux Studio, Ltd. before disclosing the terms of the Confidential Agreement, Plaintiffs request an additional eight business days from June 7, 2011 within which to file their motion for reconsideration of this Court's Order directing Plaintiffs to joins. Molyneux Studio, Ltd. as a party to the above-captioned action. A proposed form of order is attached for the Court's consideration. Respectfully submitted, HODGE AND FRANCOIS Dated: 6 (3I I 2-O11 By: ?I &(.t. O Denise Francois V.I. Bar Association #285 1340 Taarneberg St. Thomas, VI 00802 Tel. (340) 774-6845 Fax. (3 Email: Attorneys for Jeffrey Epstein and LS.J.,LLC 3 EFTA00309174 Motion for Enlargement of Time to File Motion for Reconsideration of Order to Joint Moiyneux Studio. Ltd. Epstein vs. Fancelli Paneling, Inc. Civil No. ST-I0-CV-443 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT that I caused a true and correct copy of the foregoing Motion for Enlargement of Time to be served upon Treston E. Moore, Esquire, MOORE DODSON & RUSSELL P.O. Box 310, St. Thomas, VI 00804 b first class U. S. Mail, postage prepaid on this St 4 day of June, 2011 and by email to: iln,ohttol4Ket anna AiVroc,, 4 EFTA00309175 SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CIVIL DOCKET L.S.J.. LLC Vs. FANCELLI PANELING. INC.. Plaintiff ) Defendant ) HAY 26 2911 -.1' 71 it0 - - - - - - - - - - - . • • • - - - - CASE NO: ST-2010-CV-0000443 FILING DATE: July 30.2010 JUDGE: Hon James S. Carroll III CASE TYPE: DAMAGES - CIVIL SECONDARY null PETITION PARTY NAME LITIGANT PARTY TYPE L.S.J., LLC , P002 PLAINTIFF EPSTEIN , JEFFREY P001 PLAINTIFF FRANCOIS ESQ., DENISE M P001 ATTORNEY FOR ANY OTHER PARTY FANCELLI PANELING, INC., D001 DEFENDANT MOORE , TRESTON E. D001 ATTORNEY FOR ANY OTHER PARTY PLAINTIFF'S EXHIBIT 1 Page 1 of 4 EFTA00309176 03/14/2011 DOCKETS ENTERED ON THIS CASE: DOCKET DATE 05/24/2011 05/20/2011 DESCRIPTION NOTICE OF ENTRY OF (2) ORDERS 05/16/2011 DENISE FRANCOIS, ESQ. TRESTON E. MOORE, ESQ. FILE RETURNED TO THE CLERK'S OFFICE 05/16/2011 MEMORANDUM OPINION AND ORDER SIGNED BY HON. JAMES S. CARROLL III... ORDER SIGNED BY HON. JAMES S. CARROLL III.. ORDERED THAT DEFENDANT FANCELLI PANELING, INC.'S JANUARY 13, 2011 MOTION TO DISMISS IS DENIED; AND IT IS FURTHER ORDERED THAT PLAINTIFFS JEFFREY ESPSTEIN AND L.S.J., LLC, MUST JOIN AS A PARTY TO THIS ACTION MOLYNEUX STUDIO AND. TO THAT END, MUST FILE A SECOND AMENDED COMPLAINT WITHIN FOURTEEN 14 DAYS OF ENTRY OF THIS ORDER, WHICH SHALL DIFFER FROM THE FIRST AMENDED COMPLAINT ONLY IN THE CAPTION AND IN ANY CLAIMS IT MAY DECIDED TO ASSERT MOLYNEUX STUDIO; AND IT IS FURTHER ORDERED THAT PLAINTIFF JEFFREY EPSTEIN AND ... 05/16/2011 ORDER SIGNED BY HON. JAMES S. CARROLL III... ORDERED TAHT DEFENDANT FANCELLI PANELING. INC.'S MARCH 14, 2011 MOTION TO FILE OUT OF TIME AND FOR ACCEPTANCE NUNC PRO TUNC OF DEFENDANT'S REPLY TO OPPOSITION IS GRANTED; AND IT IS FURTHER ORDERED THAT DEFENDANT FANCELLI PANELING. INC'S MARCH 15, 2011 MOTION FOR LEAVE TO FILE AN AMENDED REPLY IS DENIED; AND IT IS FURTHER ORDERED THAT DEFENDANT FANCELLI PANELING, INCL'S MARCH 11, 2011 AMENDED REPLY IS REJECTED, 05/16/2011 ORDER SCHEDULING RULE 16 CONFERENCE SIGNED BY HON. JAMES S. CARROLL, 05/16/2011 NOTICE OF ENTRY OF MEMORANDUM OPINION AND ORDER 05/16/2011 DENISE FRANCOIS. ESQ. TRESTON MOORE, ESQ. JUDGES AND MAGISTRATES OF SUPERIOR COURT V.I. VENETIA H VELAZQUEZ, ESQ. IT DIVISION/LIBRARIAN LAW CLERKS 03/29/2011 PLAINTIFF'S OPPOSTION TO DEFENDANTS MOTION FOR LEAVE TO FILE AN AMENDED REPLY BRIEF FILED BY DENISE FRANCOIS, ESQ. 03/17/2011 LETTER ADDRESSED TO HONORABLE JAMES CARROLL WITH PROPOSED ORDER ATTACHED FILED BY TRESTON E. MOORE, ESQUIRE. 03/15/2011 DEFENDANTS MOTION FOR LEAVE TO FILE AN AMENDED REPLY WITH POINTS AND AUTHORITY AND PROPOSED ORDER FILED BY TRESTON E MOORE, ESQUIRE. 03/14/2011 MOTION TO FILE OUT OF TIME AND FOR ACCEPTANCE NUNC PRO TUNC OF DEFENDANTS REPLY TO OPPOSITON TO MOTION TO DISMISS WITH POINTS AUTHORITIES FILED BY TRESTON E. MOORE. ESQUIRE PROPOSED ORDER RECEIVED AMOUNT 03/10/2011 DEFENDANTS REPLY TO OPPOSITION TO MOTION TO DISMISS THE COMPLAINT WITH POINTS AND AUTHORITIES WITH EXHIBITS ATTACHED FILED BY TRESTON E. MOORE, ESQUIRE. 03/10/2011 MOTION FOR EXTEND TIME TO RESPOND TO FILED MOTIONFOR LEAVE FILED_ BY TRESTON E. MOORE, ESQUIRE. PLAINTIFF'S EXHIBIT 1 Page 2 of 4 EFTA00309177 01/13/2011 01/13/2011 01/13/2011 01/12/2011 03/08/2014 NOTICE OF ENTRY OF (4) ORDERS 03/07/2011 TRESTON E. MOORE, ESQ. DENISE M. FRANCOIS. ESQ. 03/07/2011 ORDER SIGNED BY HON. JAMES S. CARROLL. III... ORDERED THAT THE DEFENDANT SHALL BE PERMITTED TO FILE A RESPONSE IN EXCESS OF TWENTY PAGES, BUT NO GREATER THAN THIRTY PAGES. 03/07/2011 ORDER SIGNED BY HON. JAMES S. CARROLL, III... ORDERED THAT THE PLAINTIFFS SHALL FILE THEIR RESPONSE TO THE DEFENDANT'S MOTION TO DISMISS WITH POINTS AND AUTHORITIES BY FEBRUARY 11, 2011: 03/07/2011 ORDER SIGNED BY HON. JAMES S. CARROLL, III... THE PREMISES CONSIDERED AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT PLAINTIFFS' MOTION FOR LEAVE TO EXCEED THE TWENTY PAGE LIMIT AND THE SAME IS HEREBY GRANTED. 03/07/2011 ORDER SIGNED BY HON. JAMES S. CARROLL, III... ORDERED THAT THE MARCH 4, 2011 STIPULATION TO EXTEND TIME TO REPLY IS DISAPPROVED; AND IT IS FURTHER ORDERED THAT DEFENDANT FANCELLI PANELING, INC.. MUST FILE ITS MOTION TO FILE ITS REPLY OUT OF TIME ON OR BEFORE MARCH 10, 2011 03/04/2011 STIPULATION TO EXTEND TIME TO REPLY TO OPPOSITION TO MOTION TO DISMISS FILED BY DENISE FRANCOIS, ESQUIRE & TRESTON E. MOORE, ESQUIRE. 02/14/2011 NOTICE OF FILING ORIGINAL AFFIDAVIT OF JUAN PABLO MOLYNEUX FILED BY DENISE FRANCOIS, ESQ. 02/11/2011 PLAINTIFFS' MOTION FOR ENLARGEMENT OF TIME WITHIN WHICH TO FILE OPPOSITION TO DEFENDANTS MOTION TO DISMISS FILED BY DENISE FRANCOIS, ESQ. 02/11/2011 PLAINTIFFS' MOTION FOR LEAVE TO EXCEED PAGE LIMIT AND PROPOSED ORDER FILED BY DENISE FRANCOIS, ESQ. 02/11/2011 PLAINTIFFS' OPPOSITION TO DEFENDANTS MOTION TO DISMISS FILED BY DENISE FRANCOIS, ESQ. 02/04/2011 STIPULATION FOR EXTENSION OF TIME AND PROPOSED ORDER FILED BY DENISE FRANCOIS. ESQUIRE AND TRESTON E. MOORE. ESQUIRE. 01/25/2011 AFFIDAVIT OF SERVICE ON FANCELL1 PANELING, INC.. C/O JEAN PIERRE FANCELLI THROUGH CHRISTIAN BARTHOD, CO-WORKER (SERVED 11/29/2010) RECEIVED FROM CHARLES GUERRIERO FILE FORWARDED TO JUDGES CHAMBER DEFENDANT'S MOTION TO DISMISS THE COMPLAINT WITH POINTS AND AUTHORITIES FILED BY TRESTON E. MOORE, ESQ. PROPOSED ORDER RECEIVED PARTIES STIPULATION TO EXTEND TIME THROUGH JANUARY 14TH IN WHICH TO FILE DEFENDANT'S RESPONSE FILED BY TRESTON E. MOORE, ESQ. PROPOSED ORDER FILED BY TRESTON E. MOORE, ESQ. 01/12/2011 DEFENDANTS MOTION FOR LEAVE TO FILE A BRIEF IN EXCESS OF 20 PAGES WITH POINTS AND AUTHORITIES FILED BY TRESTON E. MOORE, ESQ. PROPOSED ORDER FILED BY TRESTON E. MOORE, ESO 01/05/2011 NOTICE OF ENTRY OF ORDER 12/30/2010 TRESTON E. MOORE, ESQ. DENISE M. FRANCOIS, ESQ Page 3 of 4 PLAINTIFF'S EXHIBIT 1 EFTA00309178 12/30/2010 12/30/2010 12/27/2010 12/23/2010 12/22/2010 1 211 3/201 0 12/13/2010 11/12/2010 08/05/2010 08/03/2010 08/03/2010 08/02/2010 08/02/2010 08/02/2010 07/30/2010 07/30/2010 LETTER RECEIVED ADDRESSED TO HONORABLE JAMES CARROLL WITH PROPOSED ORDER ATTACHED FROM TRESTON E. MOORE, ESQ (DATED DECEMBER 29. 2010) ORDER SIGNED BY HON JAMES S. CARROLL, III... ORDERED THAT THE TIME RESPOND IS EXTENDED TO JANUARY 12. 2011... FILE FORWARDED TO JUDGE'S CHAMBER WITH MOTION MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' COMPLAINT FILED BY TRESTON E MOORE. ESQ. NOTICE OF APPEARANCE RECEIVED FROM TRESTON E. MOORE, ESQUIRE. AFFIDAVIT OF SERVICE OF CHARLES GUERRIERO RECIVED FOR SERVICE ON JEAN PIERRE FANCELLI. AFFIDAVIT OF SERVICE OF CHARLES GUERRIERO RECIVED FOR SERVICE ON FANCELLI PANELING. 20 DAY SUMMONS ISSUED TO DEFENDANT. FEE RECEIVED RECEIPT # - 00090683 CASE FILE RECEIVED BY JURY TRIAL DIVISION. FIRST AMENDED COMPLAINT WITH EXHIBITS ATTACHED FILED BY DENISE FRANCOIS. ESQUIRE DIRECT JUDGE ASSIGNMENT Hon. James S. Carroll III JSC 20 DAY SUMMONS ISSUED CASE SENT FROM NON-JURY TO JURY COMPLAINT AND SUMMONS FILED BY DENISE FRANCOIS. ESQ. FILING FEE ASSESSED TOTAL NUMBER OF ENTRIES: 47 PREPARED BY: ESTRELLA H. GEORGE END OF REPORT PLAINTIFF'S EXHIBIT 1 50.00 Page 4 of 4 EFTA00309179 Law Offices of Hodge & Francois Mail - Charlene Henderson - ... Page 1 of 1 Irt•—• _25 aistrThigagil Denise Francois < Charlene Henderson - ROW Parcel Deed rejected Mark Hodge < To: Denise Francois < Mon, May 2, 2011 at 10:10 AM I got a call from Cadastral (because you are off island and my name is on it as notary) rejecting the Deed re the ROW Parcel in Estate Santa Maria because it purports to sell a ROW Parcel for the benefit of all the property owners in the development to an individual rather than to a homeowner's association (or analogous entity). Mark Hodge 1340 Taarneberg St. Thomas, Virgin Islands 00802 Phone: 340-774-6845, Ext: 110 Fax: 340-774-4578 or 340-776-8900 CONFIDENTIALITY NOTICE: The pages comprising this e-mail transmission contain confidential and privileged information. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. http://mail.google.com/mail/?ui=2&ik=828580405b&view=pt&se... 6/3/2011 EFTA00309180