Epstein Secrets

06, 1408 (3d Cir. 1991). In its Memorandum Opinion dated May 16, 2011, however, the Court stated: C. The Court Will Not Dismiss the Matter Based on Fancelli's Defense of 3 See Neitzke v. Williams, 490 U.S. 319, 326-27 (1989) See Leuthner v. Blue Cross & Blue Shield of Northeastern Pa., 454 F.3d 120 (3d

acceptance of Fancelli's obligations arising from the Purchase Order. In short, the benefits due Molyneux were accepted and approved by Molyneux. If Fancelli satisfied its obligation to Molyneux under the Purchase Order, then these is no unfulfilled "promised performance" to be enforced by Plaintiffs, as

ther and further relief as the Court deems just and proper. Dated this54th day of July, 2011. Respectfully submitted, Treston Moo V.I. B o.10 MOORE DODSON & RUSSELL, P.C. Attorneys for Defendant 5035 Noire Gade, P.O. Box 310 St. Thomas, V PHONE: FAX: EMAIL: I0 EFTA00300062 CERTIFICATE OF SERVICE I here

ated to conduct purposely directed at the forum state. Id. Defendant maintains that this Court lacks specific jurisdiction over it as well, because Fancelli does not have sufficient minimum contacts with the Virgin Islands to support the exercise of jurisdiction consistent with due process. See Int'l Sho

e and as may be developed through discovery. The reservation of rights was just that. V. CONCLUSION Plaintiffs Amended Complaint against Defendant Fancelli must be dismissed, with prejudice, for all, or any of the foregoing reasons. WHEREFORE, Defendant respectfully requests this Honorable Court to gr

h other and further relief as the Court deems just and proper. alb Dated this /1, th day of March, 2011. Respectfully s Treston E V.I. Bar 10 MOORE DODSON & RUSSELL, P.C. Attorneys for Defendant 5035 Noire Gad; P.O. Box 310 St. Thomas, VI 00804-0310 PHONE: FAX: EMAIL: CERTIFICATE OF SERVICE I hereby certif

to Mr. Jean Pierre Fancelli. 5 In addition, Defendant specifically informed Plaintiffs' counsel, Darren lndyke, that because of limitations with Mr. Fancelli's ability to communicate in English, Mr. lndyke should communicate with Mr. Fancelli through Mr. Barthod . Pl. Ex. 3 Thus, Mr. Barthod has been pre

Ex. 4. In support of its argument for insufficient service of process, Defendant asserts that the ...Summons and Complaint (sic) were delivered to Fancelli's office in New York on or about November 29, 2010 and left at that location with an unauthorized employee of Fancelli Paneling, Inc." However, Mr.

aused a true and correct copy of the foregoing Plaintiff's Opposition to Defendant's Motion to Dismiss to be served upon Treston E. Moore, Esquire, MOORE DODSON & RUSSELL, P. O. Box 310, St. Thomas, VI 00804 by first class U. S. Mail, postage prepaid on this 11'" day of February, 2011. bb K1/4 BRAD. 4 C( 30 EFTA003

ideration Epstein et at vs. Fancelli Paneling, Inc. Case No. ST-I 0-CV443 "Library Cabinetry"). As third party beneficiaries of that contract with Fancelli, Plaintiffs filed suit against Fancelli for breach of contract and negligence because the Library Cabinetry is defective and its installation was i

against Fancelli for breach of contract and negligence because the Library Cabinetry is defective and its installation was improper and incomplete. Fancelli was served with the Summons and First Amended Complaint on December 3, 2010. On December 30, 2010, Plaintiffs and JP and Molyneux entered into a co

UM IN SUPPORT OF PLAINTIFFS' MOTION FOR RECONSIDERATION OF THIS COURT'S ORDER ENTERED ON MAY 24, 2011, to be served upon Treston E. Moore, Esquire, MOORE DODSON & RUSSELL, P. O. Box 310, St. Thomas, VI 00804 by first class U. S. Mail, postage prepaid on this Is day of tin rI•P , 2011. ait,Cut 6 la& Anna ltftcCo

23 (1989). In ordering joinder, this Court has acknowledged that in Molyneux's absence such "complete relief" cannot be accorded the Plaintiffs and Fancelli. In seeking reconsideration, Plaintiffs, not only continue to misstate Rule 19(a)(1), erroneously holding that "[i]f this Court can grant Plaintiff

between Molyneux's filing of the federal action against Epstein April 10, 2010 and Epstein filing the instant action against Fancelli July 30, 2010. Fancelli's reaction and rights would have been part of each side's due diligence during their settlement negotiations. The resulting machinations of private

and further relief as the Court deems just and proper. Dated this S . th day ofJuly, 2011. Respectfully submitted, Treston . Moo V.I. B o. 10 MOORE DODSON & RUSSELL, M. PHONE: FAX: EMAIL: CERTIFICATE OF SERVICE I hereby certify that on this 5th day of July, 2011, a copy of the foregoing was served by first

nce 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

SOCIATES Counsel for Defendant J.P. Molyneux Studio, Ltd. 6934 Vessup Lane St. Thomas, V.L 00802 PHONE: FAX: EMAIL: Treston E. Moore, Esquire MOORE DODSON & RUSSELL, P.C. Counsel for Defendant Fancelli Paneling, Inc. P.O. Box 310, E.G.S. (I4A Norre Gade) St. Thomas, VI 00804-0310 PHONE: FAX: EMAIL: (340) 7

nce 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. EFTA00614297 AMENDED NOTICE OF M

OCIATES Counsel for Defendant J.P. Molyneux Studio, Ltd. 6934 Vessup Lane St. Thomas, V.I. 00802 PHONE: FAX: EMAIL: Treston E. Moore, Esquire MOORE DODSON & RUSSELL, P.C. Counsel for Defendant Fancelli Paneling, Inc. P.O. Box 310, E.G.S. (14A None Gade) St. Thomas, VI 00804-0310 PHONE: FAX: EMAIL: EFTA0061

nce 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. Shaihout, Docket Nos. 12-1076 & 12-1077, recently confirmed for oral argume

ES Counsel for Defendant J.P. Molyneux Studio, Ltd. 6934 Vessup Lane St. Thomas, V.I. 00802-1001 PHONE: FAX: EMAIL: Treston E. Moore, Esquire MOORE DODSON & RUSSELL, P.C. Counsel for Defendant Fancelli Paneling, Inc. P.O. Box 310, E.G.S. (14A Norre Gade) St. Thomas, V PHONE: FAX: EMAIL: EFTA00616776

nversation with Mr. Fanelli and his French Attorney regarding your letter to me dated September 10, 2012, which we forwarded to them yesterday. Mr. Fancelli's comments pertaining to the discussion you referenced therein differs in several respects. called Mr. Fancelli speaking French, but he could hear

MOORE DODSON & RUSSELL, P.C. ATTORNEYS AT LAW 5035 (I4A) None Gale. Suite I Post Office Box 310, Si. Thomas, V.1.00804-0310 'Freston E. Moore J. Daryl Dodson Charles

wood paneling for the library of the Office Pavilion (the "Library Cabinetry"). Under third party beneficiary status, Plaintiffs filed suit against Fancelli for breach cn EFTA00307562 MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR RECONSIDERATION OF THIS COURT'S ORDER ENTERED MAY 24, 2011 Epstein e

oregoing MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR ECONSIDERATION OF ORDER ENTERED MAY 24, 2011 to be served upon Treston E. Moore, Esquire, MOORE DODSON & RUSSELL, P. O. Box 310, St. Thomas, VI 00804 by first class U. S. Mail, postage prepaid on this r day of -1t.t , 2011. 41,01,4t4.14. 4/1A et kitr eck