IN THE SUPERIOR COURT OF THE VIRGIN ISLA DIVISION OF ST. THOMAS AND ST. JOHN JEFFREY EPSTEIN VS FANCELLI PANELING, INC., J.P. MOLYNEUX STUDIO, LTD. Defendant Minna AUG1 42013 8 BY: ....................... CASE NO. ST-10-CV-0000443 ACTION FOR: DAMAGES - CIVIL NOTICE OF ENTRY OF ORDER TO: DENISE FRANCOIS, ESQUIRE TRESTON E. MOORE, ESQUIRE A. JEFFERY WEISISS, ESQUIRE Please take notice that on August 14, 2013 a(n) ORDER dated August 13, 2013 was entered by the Clerk in the above-entitled matter. Dated: August 14, 2013 SHENIQUA MILLS SUMMER INTERN enetia H. Velazquez, Esq. urt EFTA01114408 SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JEFFERY EPSTEIN and L.S.J., LLC. ) ) ) CASE NO. ST-10-CV-443 Plaintiffs, ) ) vs. ) ) FANCELLI PANELING, INC., and J.P. ) MOLYNEUX STUDIO, LTD., ) ) Defendants. ) ) ORDER By Order dated August 2, 2013 ' Honorable James S. Carroll III recused himself and this matter was reassigned to the Honorable Michael C. Dunston. A review of the file reveals that Plaintiffs Jeffery Epstein and L.S.J., LLC. have been conducting informal settlement negotiations with Defendant Fancelli Paneling, Inc. for several months. The Court extended the mediation deadline at the request of the parties numerous times, most recently in Orders dated June 13, 2013, May 10, 2013, January 14, 2013, November 16, 2012, and September 12, 2012. Defendant J.P. Molyneux Studio, Ltd. was excused from mediation, but was required to be available by telephone.' The most recent deadline for completing mediation was August, 5, 2013,2 although the postmediation status conference scheduled for August, 5, 2013, was cancelled due to the Honorable James S. Carroll's recusal. The parties having failed to advise the Court of the outcome or status of the mediation or settlement negotiations, it is I Order, Sept. 12, 2012. 2 Order, June 13, 2013. EFTA01114409 Epstein v. Fanelli Paneling, Inc. Case No. ST-10-CV-443 Order, August 13, 2013 Page 2 of 3 ORDERED that by August 30, 2013, the parties shall advise the Court in writing (1) whether a settlement agreement has been reached; (2) if so, the outcome of the settlement agreement and what issues, if any, remain for determination by the Court; or, in the alternative, (3) whether mediation was conducted, (4) if so, the outcome of the mediation and what issues, if any, remain for determination by the Court, and, (5) if not, why the mediation was not conducted as ordered and when the mediation is scheduled to occur; and it is ORDERED that, considering the Court has taken under advisement the following pending motions: 1. Attorney Jeffery Weiss's November 28, 2012, Motion to Withdraw As Counsel for PlaintiffJ.P. Molyneux Studio, Ltd, 3 and 2. Defendant J.P. Molyneux Studio, Ltd.'s August 10, 2012, Motion to Dismiss the Second Amended Complaint and Motion to Dismiss Fancelli Paneling, Inc.'s Crosselaims,4 and 3. Defendant J.P. Molyneux Studio, Ltd.'s August 10, 2012, Motion to Stay or Limit Discovery, and 4. Defendant J.P. Molyneux Studio, Ltd.'s August 14, 2012, Objection to the Amended Proposed Rule 26(f) Schedule, renewed on August 23, 2012, and 5. Defendant J.P. Molyneux Studio, Ltd.'s August 29, 2012, Motion for Leave to Amend Answer to Fancelli Paneling, Inc.'s Crossclaims, and 6. Defendant J.P. Molyneux Studio, Ltd.'s October 29, 2012, Motion to Stay Discovery and Protective Order, the parties shall advise the Court by August 30, 2013, on (I) whether any other outstanding motions are pending before the Court, and (2) whether the above-listed motions are ripe for determination. 3 Attorney Jeffery Weiss supplemented his Motion to Withdraw on December 12, 2012, after Defendant J.P. Molyneux Studio, Ltd. submitted an ex parte email communication directly to the Honorable James S. Carroll. Fancelli Paneling, Inc. responded on September 10, 2012, to which J.P. Molyneux Studio, Ltd. replied on September 27, 2012. EFTA01114410 Epstein v. Fanelli Paneling, Inc. Case No. ST-10-CV-443 Order, August 13, 2013 Page 3 of 3 ORDERED that copies of this Order shall be directed to counsel of record. • Dated: August/3, 2013 ATTEST: Venetia H. Velazquez, Esq. CI / / Lori Tyson Court Clerk Supervisor R/ /020(3 HON. MICHAEL . UNSTON JUDGE OF THE SUPERIOR COURT OF THE VIRGIN ISLANDS EFTA01114411