EFTA00308279.pdf

Document #013 Sent from my Blacknerry wireless device Meeting August 20th 2010 From: Doug Schoettle Date: Wed, id—iiaivZele 0?:58:56 -0800 (PST) To: [email protected]> • Cc: <'eevacati il_com›; Rowles<w C ; William Subject: Fanc nch List FAHCELLI PUNCH LIST Wood Paneling at LS) Office . _ LI: Complete the installation of the toe molding at the baseboard. 2. Install closure trim piece of oak.beloWthe picture windo Matecial*site. w sill to f8l WI:approx. . cm high, the length of the window. • Finish rough, unfinished end condition at the sliding panel s at the2pictere window. or: Drill, file and sand perforations at tilt dawn' desk panels to removtrodikand ragged edges. sr Glue and clamp open joints in paneling through out the room. .4": Generally sand rough finishes and raised grain at panel ing through out the room. LTC Replace tortise shell inlay where it is pieced or flaking and 4elaminatinge 1-8: Repair cabinet door hardware so that the screw does not loosen when the handle rotated to operate door and so the hardware does is not rattle. Supply and -install two turtle pulls at tilt down desk panels. arkeplate-bambas-atesh at all cabinet doors with metal mesh in a dark color not rust. that will 11. Replace the non functioning blackbOards with slate that will existing surface has been wiped clean with take chalk. . The wax' and dried. The surface does satisfactor/y. not take chalk Pill. Provide additional light bulbs for the • shelf lights inside the cabin the specification. ets and provide /20-poily 'de-under_padding. .=-14. The staining of the cornice shoul d be like the Escorial Library dark. with light and /A/7-1S.The staining of the columns pittoir- iG.An wood surfa should highlight the carvings with ces in the room are to be finished, light and dark. desk tops are unfinished. currently the undersides of the lu7-17.Interiors of the cabinets are to be stained darker so as not to the shelf lights are on. appear orange when 7/1/4/08. All wood surfaces are to be varni shed./ 19. The sliding panels are unfinished plywood, how are they to be 20. finished? NIL - WO) WORK It Dou e o Ai rile L. I sr o -77-1-Eg-- ft-t-AIJ Repk1 1. 5(10 3 .,14/113 u6 irc gc , (-es •Sr\ it> a S rwA (14 o c‘o 6-zyt 1 -e f4 541:4 3. arc-Atc-K-so Age, 3fr <AP/o qbEFENDANT'S 4 EXHIBIT ts, ft Ailimploinewisearamin, EFTA00308279  Document #014 Meeting August 20th 2010 t'T:O'.:h 23. 2O1 WORK APPRoval Mot .nen..: Stud° St. Limes (sr ICE Fotloicing the on Site meeting March 2.2*: - 23-; 2010, among: The client RePresentative Gary Kerney, AI 31/5/23 ( 0 Molyneux Studtol JuanPablo Molyneux. 0P6 t MciaS Fancelli Panehng: Jean Pierre Fanelli,4 (sEtib7, t( -&)(..-6...0 office/go:0 In regard of the tittle Saint lames Othce project: WoodivOrk, 2 sEt-th 0130.) 624Lc Motyneux Studio Purchase Order =2680 Fanceb Paneling Invoice =1024 LI 4th fe StiAtt OfficejronIJernn p eL Molyneux Stocko Purchase Order =8321 (-3 — er7LACK, 30A2b FanceltiPaneting Invoke 31098 The work executed by FanCelli Paneling tOt106.ving the project designed by Ho)yneux Stuck, and corrections executed March 19- 23'i are approved and accepted by the client representative and by MOlyneuX Studio. Balance on completed work is now due. St James Island, USVI, March 23, 2010 Client Representative Oestgner F3Ilteni Contractor Gary KCCOAY Juan Pablo (z),21.113Zix lean Pierre F.an,C,CP EFTA00308280  Cr.t.Stk Kristen Goff cram: tot 11W11edne11sd11ay111111 so: , March 17, 2010 8:33 AM Subject; Kristen Goff-, Filar Motyneux Fw. ' . Categories: Red Category From Date: , 17 Ma • • To: Aurelien Subject: Fw: Suit from my BlackBer ry0 wireless device From: Jeffrey Epstein <jee vacationggmailcom> Date: 7:14:35-0400 To: jp Cc; Dou Indyke Subject: jou are only to communic Gary Kane ate with gary keamey, m )SI ; Darren the facts. e or through your attnys to damn, Doug does no t have all The information containe d confidential, may be atto in this communication Is rney-client privileged, constitute inside informat may ion, and is intended on the use of the addressee. ly for It is the property of Jeffrey Epstein Unauthorized use, disclo sure or copying of this communication or any part thereof is strictly pr and may be unlawful. If oh you have received this ibited communication in error, please notify us immed return e-mail or by e-mail iately by to [email protected] destroy this communicat om, and ion and all copies thereo including all attachmen f, ts. EFTA00308281  EFTA00308282 Ckv-olno 113 Document #015 Meeting August 20th 2010 OH' 12.Y • Little St. James Punch List Report March 22, 2010 7  EFTA00308283 MOLYNEUX STUDIO LTD. With toe molding Request: Complete the Installation of toe molding. Status: Toe molding Is on site and will be Installed week of March 22-26. N. 01901 — Punch UGC - Item #1 2  EFTA00308284 JP MOLYNEUX STUDIO LTD. Gap underneathwindow sill Request: Install closure trim piec e of oak belo w the pict ure window sill to fill gap approx. 3cm high, the Stall's: The gap mus t rem length of the window. ain. The sliding shu tter track is located here —the gap needs to be open to function properly. 01901 -- Punch List — Item #2 3  EFTA00308285 JP MOLYNEUX STUDIO LTD. Top right— finished end Top right— finished end Bottom left— unfinished end Bottom right — unfinished end Request: Finish rough unfinished end condition at the sliding panels at the picture window. Status: Two finis hed end s as of March 22, two more to be finished week of March 22-26. 01901 — Pttnth List — Item #3 4  EFTA00308286 JP MOLYNEUX STUDIO LTD. Oat %Lt. 'F..i/a ^ . . . . "i• V et •r • FC yr Mb S ; • . IP i• i Wret • r iNC .. 0;e4s.QX • • .4.; "„:1 • ..4....:•4:••••0•:r;'''''' ....'%:•ntr- • I • •:•';' :• Drilled, filed and sanded holes Drilled, filed and sanded perforations Request: Drill, file and sand perforations at tilt down desk panels to remove Status: Complete. rough and ragged edges. 01901— Punch List — Item #4  EFTA00308287 JP MOLYNEUX STUDIO LTD. Corner miter Joint glued and clamped. Wall edge at window seat glued and clamped. Request: Glue and clamp open joints In paneling throughout the room. Status: Complete. 01901 — Punch List — Item #5  EFTA00308288 JP MOLYNEUX STUDIO LTD. Inner edges of wood profiles cleaned through out. Request: Generally sand rough finishes and raised grain at paneling throughout the Status: room. Initi al requ este d finis h was distr esse d, salvaged from sea and weathered. San ding is complete in small crevices throughout. 01901— Punch List — Item #6 7  EFTA00308289 JP MOLYNEUX STUDIO LTD. Repaired tortoise shell Inlay— pre-Install Repaired tortoise shell Inlay Request: Replace tortoise shell Inla y where it Is pieced or flaking and dela minatIng. Status: Will be completed week of Mar ch 22-26. Tortoise shell for repair 619(11— Punch List — Item #7  EFTA00308290 MOLYNEUX STUDIO LTD. New middle ring fastener (back of door). Vertica ar top, ml.d a new anal bottom fastener. New middle ring (above shell handle) Installed . Request: Repair cabinet door hard war e so scre w doe s not loos en whe n handle Is rotated to operate the doo Status: Complete. A third met r and so rattle Is eliminated. al ring was Insta lled on metal vertical bar to act as third fastener, eliminating rattle. Hardware tightened. 0190? - Punch List — Item #8 9  EFTA00308291 JP MOLYNEUX STUDIO LTD. Mw Ara ••.0 "A. .1? %to • • nes1.4. • • NJ- TMw tkos,te ?,.z ,& ;•:: ".: Request: Supply and Install two new turtle pulls. Status: Complete. 0.1901— Punch Lii4t — Item #9 10  EFTA00308292 JP MOLYNEUX STUDIO LTD. orAWAFATTOSivgavIA Ava iggallegeMYS Vfik WavATTV q !AT' War9 7 .4 )0%* • itl ' Damaged bamboo grille. a. rt. • • ••••••••••••616 Non -damaged bamboo grille. Damaged bamboo grille. Request Riplace bamboo mash at all cabinet dos* with metal mesh In a dark Status: New metal grilles are not in color that will not rust. agreement 'Fancelli has repaired damaged grilles and will provide 8 new framed grilles for future use. 01901 — Punch List — Item #10 ll  EFTA00308293 -P MOLYNEUX STUDIO LTD. The blackboard works -tested on site. is • . 4. e r.a • Appropriate chalk to use. The blackboard works —tested on site. The blac board works — teste on site. Request: Replace the non-functioning blackboards with slate that will take chalk. Existing Status: Replacement of blackboard surface does not take chalk satisfactorily. material is not in agreement. Chalk works on existing chalk. Crayo!a chalk not recommended. 01901— Punch List — Item #11 12  EFTA00308294 JP MOLYNEUX STUDIO LTD. I- CM'S': light bulbs Inside cabinet shelf. — l*P LI ht bulbs inside cabinet shelf Request: Provide addition al ligh t bulbs for the she lf ligh ts Insid e the cabinets and provide the specifications. Status: Fa ncelli will provide the specific ations for the ligh t bulb s. Ord erin g the bulb s is not In the agreement and must be paid for by client 01901 — Punch List — Item #12 13  EFTA00308295 JP MOLYNEUX STUDIO LTD_ Request: Confirm the size of the carpet and provRie under— padding. Status: Carpet padding Is not In the agre ement. 01901-• Punch List — Item #13 t4  EFTA00308296 JP MOLYNEUX STUDIO LTD. Cornice light and dark. Request: The staining of the cornice shou ld be like the Escorial library with light and dark. Status: Fancelli will stain the corn ice with ligh t and dark afte r the dehumidifier is Installed and the moi sture content of wood is acceptable. 019 01 — Punch List — Item #14 15  EFTA00308297 JP MOLYNEUX STUDIO LT D. Highlig ted carvings. Highlighted carvings - sample fini shes, not final. Request: The stainin g of the col um ns sho uld hig hlightthe carvings with light and Status: Fa ncelli will stain the dark. colum ns aft er the deh um idif ier is Installed and the moisture con tent of wood Is acc eptable. 01901 — Purieb List — Item #15 16  EFTA00308298 JP MOLYNEUX STUDIO LTD. CL771 PRfaSTIFIGeg: • -;.,•: -.721,At.,...Ft-g 1:ft. • 7it, Approved and signed finish (at left). ire at , et .<4,74,4.,.- i I) A$4..c..,,fic-, e-s2ultal' -.,, g -n h., • 4T-ti ...&4, ,, "" ,e, ire „....,„ i't • ,its.+44:3...4.4/..t...4..,/. Approve• a n• s gne• nis ..inavi.t.. Request; All wood surfaces In the room are to be finished: Currently, the undersides of the desk Status: Fancelli tops are unfinished. will stain all wood surfaces after the dehumidifier Is installed and the moisture content of wood Is acceptable. 01901 - Punch List — item #16 17  EFTA00308299 JP MOLYNEUX STUDIO LTD. 4•,4•90.31a: •- : •1 4. 1;417tIr Two finish options within cabinet. 717 TWo finish options within cabinet. Request Interiors of the cabinets are to be stain ed dark er so as not to appear orange when the shelf ligh Status: TWo alternatefinishes have ts are on. bee n prod uce d on site . JPM and Gary Kerney do not recommend chan ging the interior finish. ONO - Punch List — Item #17 H. 18  EFTA00308300 MOLYNE'UX STUDIO LTD. Approved and signed finish. Approved an• signed nIs Request: All wood sudaFes are to be varnished. --- Status: Fancelll wT gain all wood surfaces after the dehumidifier Is installed and after the moisture content in the wood Is acceptable. 01901 — Punch List — Item #18 19  EFTA00308301 MOLYNEUX STUDIO LTD. • Rejected leather for shutter Insert. Shutters. Shutters. Request: The sliding panels are unfinished plywood. How are they to be finished? Status: Not In agreement 01901 •- Punch List — Item #19 20  Case: 3:10-cv-00034-CVG -RM Document #: 8 Filed: 06/11/10 Page 1 of 5 DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN X J.P. Molyneux Studio, Ltd. and Juan Pablo Molyneux FIRST AMENDED COMPLAINT -against- Case No. 3:10-cv-00034 Jeffrey Epstein and L.S.J., LLC. X PLAINTIFFS, by and through the undersigned counsel, for their First Amended Complaint allege as follows: JURISDICTION AND AMOUNT IN CONTROVERSY 1. Plaintiff Juan Pablo Molyneux is a citizen of the State of New York. 2. Plaintiff J.P. Molyneux Studio, Ltd. is incorporated in the State of New York and maintains its principal place of business in the State of New York. 3. Defendant Jeffrey Epstein is a citizen of the Territory of the U.S. Virgin Islands. 4. Upon information and belief, the remaining Defendant, L.S.J., LLC, is organized in the State of Delaware and maintains its principal place of business within the U.S. Virgin Islands. 5. This Court has original jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a) because the amount in controversy exceeds $75,000, exclusive of costs, interest and disbursements and the Plaintiffs and Defendants are citizens of different states. 6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(a), (c). D s -al D[ .\ \yr<3 1 —iFseile112-- , .1-P EFTA00308302  Case: 3:10-cv-00034-CVG -RM Document #: 8 Filed: 06/11/10 Page 2 of 5 FACTS COMMON TO ALL COUNTS 7. Juan-Pablo Molyneux is a world-renowned interior designer. 8. Jeffrey Epstein, via his company L.S.J., LLC, is the owner of Little Saint James, a 70-acre island within the U.S. Virgin Islands. 9. In 2005, the parties entered into an agreement whereby the Plaintiffs would provide design services for the residential compound Epstein was constructing on Little Saint James. 10.Subsequently, disputes arose between the parties with respect to the design services to be provided by Plaintiffs. 11.On May 15, 2009, the parties entered into a Settlement Agreement, annexed hereto, whereby the Defendants released all claims they might have had against the Plaintiffs in exchange for $1.2 million. 12.Following the Settlement Agreement, the parties entered into a written contract on May 15, 2009, entitled Agreement for Design Services ("Design Services Agreement"), annexed hereto, wherein the parties agreed that the Plaintiffs would perform certain design services related to the office pavilion being constructed by Defendants on Little Saint James, for which Plaintiffs would credit Defendants' account with Plaintiffs in the amount of $250,000 to be applied toward such services. The specific services to be provided were itemized on Exhibit B to the Design Services Agreement (the "Exhibit B Services"). 13.The Settlement Agreement specifically provides that the Design Services Agreement "shall not be treated as an inducement to the execution of the Settlement Agreement." Settlement Agreement at 1 2. 14.Subsequent to the execution of the Design Services Agreement, Plaintiffs, with the assistance of an internationally-known woodworking craftsman, undertook to and did perform the Exhibit B Services, thereby satisfying their obligations pursuant to the Design Services Agreement. 2 EFTA00308303  Case: 3:10-cv-00034-CVG -RM Document #: 8 Filed: 06/11/10 Page 3 of 5 15.On January 26 and 27, 2010, Plaintiffs travelled to Little Saint James to supervise the final stages of the work pursuant to the Design Services Agreement. It was agreed that Epstein would be present in order to give his approval of the work. Epstein, however, failed to attend this agreed meeting. 16.On March 10, 2010, Defendants' agent created a Punch List cataloguing certain tasks remaining to be completed pursuant to the Design Services Agreement. 17.On March 22, 2010, Plaintiffs again travelled to Little Saint James to meet with Epstein in an effort to finalize the work performed by Plaintiffs pursuant to the Design Services Agreement. Epstein again failed to attend the agreed meeting. In an effort to perform their obligations under the Design Services Agreement, Plaintiffs and their representatives, nevertheless, undertook to complete, and did complete, the Punch List items falling under the Design Services Agreement. 18.On March 25, 2010, Defendants' agent signed off on all items enumerated on the Punch List by signing it and noting that all the woodwork on the list was done with the exception of three minor items, none of which was specified in Exhibit B to the Design Services Agreement. 19.Although their agetit had signed off on the Punch List, Defendants' counsel sent a letter to Plaintiffs on April 15, 2010, claiming that Plaintiffs had failed to perform their obligations pursuant to the Design Services Agreement. 20.In the letter, Defendants' counsel also claimed that the Plaintiffs fraudulently induced Defendants to enter both the Settlement Agreement and the Design Services Agreement. 21.In an effort to resolve the dispute, Plaintiffs' representatives once again traveled to Little Saint James on April 29, 2010 to meet with Defendants' representatives. The meeting was unproductive and Defendants' counsel continued wrongfully to insist that Plaintiffs had not satisfied their obligations with respect to the Design Services Agreement. 3 EFTA00308304  Case: 3:10-cv-00034-CVG -RM Document #: 8 Filed: 06/11/10 Page 4 of 5 FIRST CLAIM DECLARATORY JUDGMENT 22. Plaintiffs repeat and reallege the allegations contained in paragraphs one through 21 above. 23. There are justiciable controversies with respect to the following issues: a. Whether the Plaintiffs substantially performed their duties as required by the Design Services Agreement; b. Whether Defendants violated their duty of good faith and fair dealing under the Design Services Agreement by engaging in conduct that was inconsistent with the terms and purpose of that agreement and the reasonable expectations of the parties by, among other things: (a) wrongfully rejecting the Plaintiffs' work with respect to the Exhibit B Services; and, (b) absenting themselves from the meetings between the parties which were held to resolve their differences, thereby interfering with and failing to cooperate with Plaintiffs in the performance of their obligations; and c. Whether, as alleged in Defendants' April 15, 2010 letter, Plaintiffs fraudulently induced Defendants to enter the Settlement Agreement and the Design Services Agreement. 24.A declaration of the rights among the parties is warranted pursuant to 28 U.S.C. § 2201. WHEREFORE, Plaintiffs demand judgment against the Defendants as follows: a. Adjudging and declaring that Plaintiffs substantially performed their duties as required by the Design Services Agreement; 4 EFTA00308305  Case: 3:10-cv-00034-CVG -RM Document #: 8 Filed: 06/11/10 Page 5 of 5 b. Adjudging and declaring that the Defendants violated their duty of good faith and fair dealing under the Design Services Agreement; and c. Adjudging and declaring that Plaintiffs did not fraudulently induce Defendants to enter the Settlement Agreement or the Design Services Agreement, and that the Settlement Agreement and Design Services Agreement are valid and enforceable; and d. Awarding such other and fiirther relief as the Court deems equitable and just. Respectfully Submitted, Rosh D. Alger Esquire, LLC Attorneys for Plaintiffs DATED: June 11, 2010 St. Thomas, U.S. Virgin Islands By: s/ Rosh D. Alger Rosh D. Alger, Esq. VI Bar No. 932 Tel. Fax 5 EFTA00308306  Case: 3:10-ct-00034 - CVG - RM Document #: 8-1 Filed: 06/11/10 Page 1 of 1 RI/S44 guy NO.) CIVIL COVER. SHEET TaJS 44 ti-4 Catoam sza Or inf.:ntal conaned herein neither by (cal Ma ofmet. Ilia 104414 replaa nor suppiesent the Alin/ trod orrice ofpkodias or Ma Mars / IISPNOVOdby Confen /4~try Im mat Fie Mil data Met (3111, 41100410144144 THE REVERSE OF na of she VMS Shin inSaambool 974. is requital la Ne use of On CktE el' Carl for Itt porasco providocE THE Wan) lMating I. (a) PLAINTIFFS DEFENDANTS M0lyneux Studio, Ltd. and Juan Pablo Molyneux Jeffrey Epstein and LSJ , Lt.c (b) cow« Itedemea aria tas wont New York. NY I County etReakkret «First Liked Cecikrtdant senor:0.15,w ~Taus PLAINTIST CASES) ON U.S. PLROMFF CASES 0/41.Y) MOM R4 LARD CCIRDEMNA TEN CASES. VS E THE LOCETb3) 4 OF THE LAND INVOLVED. (c) Afloat(' Warty... I US. Ttkptsc ebaréct) Ancerneys utraemd Rosh D. Alger. Esq, PUB 10 Royal Dane Mall Denise M. Francois, Esq., Hodge tt Francois, Sea IL HASS OP JURISDICTION "ark one thm oriyi in. 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