EFTA00613769.pdf

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS . C—Le Li DIVISION OF ST. THOMAS AND ST. JOHN t-0:12 JEFFREY EPSTEIN CASE NO. ST-10-CV-0000443 ACTION FOR: DAMAGES - CIVIL VS FANCELLI PANELING, INC., J.P. MOLYNEUX STUDIO, LTD. Defendant NOTICE OF ENTRY OF ORDER TO: TRESTON E. MOORE, ESQUIRE DENISE M. FRANCOIS, ESQUIRE A.JEFFREY WEISS, ESQUIRE FILAR MOLYNEUX via EMAIL: 8 via regular USPS at 750 LEXINGTON AVENUE, FIFTH FLOOR, NEW YORK, NY 10022 Please take notice that on December 19, 2012 a(n) ORDER dated December 18, 2012 was entered by the Clerk in the above-entitled matter. Dated: December 19, 2012 LORI TYSON COURT CLERK SUPERVISOR EFTA00613769  IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JEFFREY EPSTEIN and L.S.J., LLC., ) CIVIL NO. ST-10-CV-443 ) Plaintiffs, ) ) ACTION FOR DAMAGES v. ) ) JURY TRIAL DEMANDED FANCELLI PANELING, INC., and J.P. ) MOLYNEUX STUDIO, LTD., ) ) Defendants. ) ) ) ORDER THIS MATTER is before the Court on Attorney Jeffrey Weiss's Motion to Withdraw and Pilar Molyneux's opposition thereto.' The Court will reserve decision on the Motion and designate time during the final pretrial conference to discuss the Motion and to inform the parties of the contents of unauthorized ex parte communications from Ms. Molyneux. On Tuesday, November 27, 2012, the undersigned received an email communication from Pilar Molyneux, Vice President of J.P. Molyneux Studios, Ltd. The subject of the email was "Opposition to Motion to Withdraw Civil No. 2010/443." The email was copied to Jay Goldberg, Esq., Allison Brantley, and Jeffrey Weiss, Esq. No other attorneys of record received the email. The Model Code of Judicial Conduct, Rule 2.9, governs ex parte communications. In this case, Rule 2.9(B) applies, since the communication was unauthorized and bore upon the substance of Attorney Weiss's Motion to Withdraw. The Rule requires that the Court notify the parties upon receipt of such a communication and disclose the substance. Complying with the applicable rule, the Court divulges that the email briefly set out the history of the case, the factual circumstances surrounding the Motion to Withdraw, and voiced Ms. Molyneux's opposition to the Motion to Withdraw. The Court did not respond to this correspondence, and on December 11, 2012, Ms. Molyneux again sent an unauthorized communication regarding the Motion to Withdraw. This entail was not copied to Attorney Weiss or any other attorney of record. The email informed the Court that its goal was to follow-up after receiving no response to the initial email, and it further set out the disagreements between Ms. Molyneux and Attorney Weiss in a similar fashion to the Denise Francois, Esq. represents Plaintiffs Jeffrey Epstein and L.S.J., LLC. Treston Moore, Esq. represents Defendant Fanelli Painting. EFTA00613770 Jeffrey Epstein and G.S.J., LLC. v. Fanelli Pcineling, lire., et al Civil No. ST-I0-CV-443 Order Page 2 of 2 facts and allegations contained in Attorney Weiss's Motion to Withdraw. The email also sought advice on the current situation. The Court cannot entertain any ex pane communications in this situation. The Court also cannot offer the panics any advice, legal or otherwise. The Court is confident that no party will gain a procedural, substantive, or tactical advantage as a result of the communications, whether regarding Attorney Weiss's Motion to Withdraw or any other issue the case presents before the Court. Moving forward, Ms. Molyneux is instnicted to communicate with the Court only by proper filing procedures (preferably through an attorney), and never through email, letter, or any other form of ex parte communication. The Court will require that Ms. Molyneux attend the pretrial conference on Wednesday, January 9, 2013 at 11:45 a.m. (10:45 a.m. EST) to further discuss the above matters and the pending Motion to Withdraw. Accordingly, it is hereby ORDERED that the Court RESERVES DECISION on the Motion to Withdraw; and it is further ORDERED that Pilar Molyneux is directed to attend the pretrial conference scheduled in this matter on Wednesday. January 9.2013 at 11:45_a.m. (10:45 a.m. ESTI; and it is further ORDERED that Pilar Molyneux may attend the pretrial conference by calling (340) 693- 6415 at the time of the conference; and it is further ORDERED that a copy of this Order shall be directed to counsel of record and to Pilar Molyneux, Vice President, J.P. Molyneux Studio, Ltd., at 750 Lexington Avenue, Fifth Floor, New York, NY 10022. DATED: December L2012 OLL III Judge of the Superior Court of the Virgin Islands ATT ETIA H. VEL UEZ, ESQUIRE LORI B -TYSO Court C fit Supervisor 1O2--/ /9/ /O2 EFTA00613771