EFTA00602420.pdf

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JEFFREY EPSTEIN and L.S.J., LLC, Plaintiffs, CASE NO. ST-10-CV-443 -vs- ACTION FOR DAMAGES FANCELLI PANELING, INC., JURY TRIAL DEMANDED Defendant, -vs- J.P. MOLYNEUX STUDIO, LTD., Nominal Defendant. NOTICE OF ONGOING FED. R. CIV. P. 26(O CONFERENCE PLEASE TAKE NOTICE that the parties have met and conferred, and continue to meet and confer, for the purpose complying with this Court's Order entered July 19, 2012 directing the parties to file a revised scheduling plan in the above-captioned action. There remain outstanding issues that the parties have yet to resolve with respect to a discovery plan. Scheduling discovery deadlines is further complicated by the fact that counsel of record for J. P. Molyneux Studio, Ltd. has a jury trial in the case of Jerome v. Watersport Adventure Rentals and Equipment, Inc., scheduled before Judge Lewis in the District Court of the Virgin Islands, which may take up to one week to try. This trial will impact the ability to schedule and take depositions in much of October, 2012. The parties are working as expeditiously as possible to finalize a scheduling plan. To that end, the parties are circulating an Amended Notice to the Court of a Meeting Between the Parties EFTA00602420  Notice ofOngoing Rule 260 Conference Epstein vs. FanceJilPaneling, Inc. Civil No. ST-10-0/-443 In Compliance with Rule 26(1)', which is imperfect but which is providing a framework for the required Discovery Plan. Respectfully submitted, De se Francois, Esquire Tre HODGE & FRANCOIS MOORE, DSON SELL 1340 Taameberg P. O. Box 310 (14A Notre Gade) St Tho St. Thomas, VI 00802 Telepho Telepho Telefax: ( Telefax:BM. Dated: 5o -2-o12-- Dated: :Fat Me, qp‘ .. A. Jeffrey Weiss, Esquire A. J. Weiss & Associates 6934 Vessup Lane St. Thomas VI 00802-1001 Telepho 1 Telefax: Dated: i The draft Amended Notice to the Court of a Meeting Between the Parties in Compliance with Rule 26(f) is attached hereto as Exhibit 1. 2 EFTA00602421 Notice ofOngoing Rule 26(fi Conference Epstein n. FonceMPaneling, Inc. CivilNo. ST-10-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, V 00804 and upon by fust class U. S. Mail, nostage nrenaid on this 30 day of , 2012 and by email to: 3 EFTA00602422  IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN ) JEFFREY EPSTEIN, et al., ) ) Plaintiffs, ) ) v. ) NO. ST-10-CV-443 ) FANCELLI PANELING, INC., and ) ■. MOLYNEUX STUDIO, LTD., ) ) Defendants. ) (CARROLL, J.) ) AMENDED NOTICE TO THE COURT OF A MEETING BETWEEN THE PARTIES IN COMPLIANCE WITH RULE 26q) COME NOW the parties herein, by and through undersigned counsel, to state the following facts and circumstances in complying with FedR.Civ.P. Rule 26: I. PROCEDURAL STATUS The Court's rulings on preliminary Motions resulted in the addition of a party-defendant. Answers to all claims were filed and served in advance of mediation. Mediation was commenced on July 13, 2012, but recessed to afford Defendants an opportunity to view the work in place on, or before September 1, 2012. Consistent with FedR.Civ.P. 26() & LRCi 16.1(a), and the Order of this Honorable Court dated July 19, 2012, the representatives for the parties were obliged to meet pursuant to the Court's EXHIBIT 1 EFTA00602423  AMENDED NOTICE OF MEETING OF COUNSEL PURSUANT TO RULE 26O) Epstein, et at v. Fancelli Paneling, Inc., et aL Page 2 order to confer to stipulate to a revised discovery schedule and (proposed) Scheduling Order on, or before July 30, 2012. The parties note that the Court ordered trial to commence on December 3, 2012,' and for the parties to work back from that date in completing our assignment. As required by Fed. R. Civ. P. 26(a)(1) and L. R .CL 26.2(c), to the extent each party has such items within his possession not previously disclosed to the remaining parties, the Parties agreed to exchange the following information on, or before August 10, 2012: A. The name and, if known, the address and telephone number of each person likely to have discoverable information-along with the subjects of that information-that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; B. A copy- or a description by category and location-of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be for impeachment ; C. A computation of each category of damages claimed by the disclosing party-who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and D. For inspection and copying as under F.R.Civ.P. 34, any insurance agreements under which an insurance business may be The United States Court of Appeals for the Third Circuit subsequently provided notice to the V.I. Bar that it will hear arguments during the week of December 3, 2012, and, in the absence of good cause shown, counsel with cases before the Court are expected to be available for oral argument during that week. Counsel for Defendant Fancelli is before that Court on that occasion in the matter of United States v. Shalhout, Docket Nos. 12-1076 & 12-1077. EXHIBIT 1 EFTA00602424  AMENDED NOTICE OF MEETING OF COUNSEL PURSUANT TO RULE 26) Epstein, a a v. Fancelli Paneling, Inc., et aL Page 3 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. II. DISCOVERY PLAN The Parties generally recommend the following revised plan to the Court for discovery: I. All written discovery will be served on, or before September 10, 2012; responses will be filed in the time and as required by Rule. 2. All fact depositions will be completed on, or before October 26, 2012.2 3. The Plaintiff will designate its expert(s) on, or before September 3, 2012. Defendants will designate their expert(s) within one (1) month of Plaintiff's designation. 4. Expert depositions are to be completed on, or before October 26, 2012. 5. Dispositive motions may be served at any time, but must be served on, or before September 2, 2012. 6. The Court has set the submission of the Joint Final Pretrial Order for November 2, 2012. The Court has set the final pretrial conference for November 9, 2012 at 9:30 a.m. 7. The Court has set the jury selection and trial in this matter for December 3, 2012. 2 A majority of parties and witnesses in this action reside outside of the U.S. Virgin Islands. EXHIBIT 1 EFTA00602425 AMENDED NOTICE OF MEETING OF COUNSEL PURSUANT TO RULE 26W Epstein. et al. v. Fancelli Paneling. Inc., et al. Page 4 Respectfully submitted, Dated this day of July, 2012. Denise Francois, Esquire Treston E. Moore, Esquire HODGE & FRANCOIS MOORE DODSON & RUSSELL, P.C. Counsel for Plaintiff Epstein, et al. Counsel for Defendant Fancelli Paneling, Inc. 1340 Taameberg P.O. Box 310, E.G.S. (I4A Norre Gade) St. Thomas, V.L 00802 St. Thomas, VI 00804-0310 PHONE: PHONE: (340) 777-5490 FAX: FAX: EMAIL: EMAIL: SIMS A. Jeffrey Weiss, Esquire A.J. WEISS & ASSOCIATES Counsel for Defendant J.P. Molyneux Studio, Ltd. 6934 Vessup Lane St. Thomas, V.L 00802 PHONE: FAX: EMAIL: EXHIBIT 1 EFTA00602426