EFTA00728145.pdf

Case: 3:10-cv-00034-CVG-RM Document #: 31 Filed: 11/12/10 Page 1 of 2 IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN J.P. MPOLYNEIJX STUDIO, LTD. and ) JUAN PABLO MOLYNEUX, ) ) Case No.3:10-cv-00034 Plaintiffs, ) ) NOTICE OF MOTION v. ) ) JEFFREY EPSTEIN and L.S.J., LLC, ) ) Defendants. ) COME NOW the Plaintiffs J.P. Molyneux Studio, Ltd. and Juan Pablo Molyneux, by and through their counsel, Rosh D. Alger, and move this Court to exercise its discretion in the interests of justice by withholding its ruling on the Defendants' motion to dismiss, on the grounds that settlement papers are being prepared, for it appears that Plaintiffs and Defendants have reached an oral resolution of the case in controversy and any decision of this Court could disrupt settlement by emboldening one of the parties. In support of their motion, Plaintiffs rely on the attached Affirmation of their counsel, Roth Alger. DATED: November 12, 2010 St. Thomas, U.S. Virgin Islands Respectfully submitted, ROSH D.ALGER, ESQUIRE, LLC Attorney for J.P. Molyneux Studio, Ltd. and Juan Pablo Molyneux s/ Rosh D. Alger Rosh D. Alger, Esquire V.I. Bar Association 932 PMB 10 Royal Dane Mall #12 St. Thomas, VI 00802 Tel. Fax EFTA00728145 Case: 3:10-cv-00034-CVG-RM Document ft: 31 Filed: 11/12/10 Page 2 of 2 CERTIFICATE OF SERVICE 1 hereby certify that pursuant to LRCi 5.4.(iX3) a true and exact copy of this motion and affidavit were served on the 12th day of November 2010 through Notice of Electronic Filing to the following: Denise M. Francois, Esquire V.I. Bar No. 285 1340 Taarneberg St. Thomas VI 00802 Tel: Fax via: CM/ECF (ZI I Mail ❑ I Fax ❑ Hand Delivery ❑ Email ❑ s/ Rosh D. Alger Rosh D. Alger VI Bar No.: 932 Attorney for Appellant Rosh D. Alger Esq., LLC PMB 10 Royal Dane Mall 12 St. T Tel: Fax: EFTA00728146 Case: 3:10-cv-00034-CVG-RM Document It: 31-1 Filed: 11/12/10 Page 1 of 1 IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN J.P. MPOLYNEUX STUDIO, LTD. and ) JUAN PABLO MOLYNEUX, ) ) Case No.3:10-cv-00034 Plaintiffs, ) ) AFFIDAVIT IN SUPPORT v. ) OF PLAINTIFFS' MOTION ) FOR A POSTPONEMENT JEFFREY EPSTEIN and L.S.J., LLC, ) OF THE COURTS DECISION ON ) DEFENDANTS' MOTION TO DISMISS Defendants. ) ) Rosh D. Alger, being duly sworn, deposes and says:: I. I am counsel for Plaintiffs J.P. Molyneux Studio and Juan Pablo Molyneux and I make this affidavit in support of Plaintiffs' motion asking this Court to exercise its discretion in the interests of justice and withhold its ruling on the Defendants' motion to dismiss. 2. The reason for this request is that settlement papers are being prepared, as the parties have reached an oral resolution of the case in controversy, and any decision of this Court could disrupt settlement by emboldening one of the parties. DATED: November 12, 2010 St. Thomas, U.S. Virgin Islands Respectfully submitted, si Rosh D. Alger Rosh D. Alger, Esquire Attorney for J.P. Molyneux Studio, Ltd. and Juan Pablo Molyneux V.I. Bar Association 932 PMB 10 Royal Dane Mall #12 St. Thomas, VI 00802 Tel. Fax EFTA00728147