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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
en these is no unfulfilled "promised performance" to be enforced by Plaintiffs, as third-party beneficiaries. Interestingly, by correspondence from Jay Goldberg, Esq., Molyneux's New York counsel, dated May 10, 2010, addressed to Darren Indyke, Plaintiffs' New York counsel, Mr. Goldberg addresses the punch
st to you. This means that you will not be responsible for any Fancelli Installer expenses including travel, lodging, food, incidentals, etc. After Fancelli finishes the Installation., I will decide if the color of the paneling is adequate for the overall ambiance. If It Is not, I will select color with
Request Riplace bamboo mash at all cabinet dos* with metal mesh In a dark color that will not rust. Status: New metal grilles are not in agreement 'Fancelli has repaired damaged grilles and will provide 8 new framed grilles for future use. 01901 — Punch List — Item #10 ••••••••••••616 • • Damaged bam
person to be notified or change of address is forwarded to all Parties: (a) For Epstein and LSI: Darren K Indyke, Esq. (b) For JP and Studio: Jay Goldberg, Esq. IMP 14. This Agreement shall be governed by and construed in accordance with the laws of the Virgin Islands applicable to agreements entere
st to you. This means that you will not be responsible for any Fancelli installer expenses Including travel, lodging, food, incidentals; etc. After Fancelli finishes the Installation, I will decide if the color of the paneling is . adequate for the overall ambiance. If it Is not, I will select color with
l refer to Jeffrey Epstein. propose to include all of the following services and items for the $250,000 that we have agreed: The Office/ Library: Fancelli will complete the installation at no cost to you. This means that you will not be responsible for any Fancelli installer expenses Including travel,
orwarded to all Parties: (a) For Epstein and LSJ; Darren K Indyke, Esq. 301 East 66th Street, 10B New•Yori:, New York 10065 For JP and Studio: Jay Goldberg, Esq. 250 Park Avenue Suite 2020' k 10177 14. This Agreement shall be governed by and. construed•1n accordance with the laws of the Virgin Isla
eux Studio that the short timeline provided by your clients for the delivery to Little St. James of the woodworking materials and tools required for Fancelli to complete its installation was very unrealistic. Mr. Schoettle also advised that Fancelli should schedule its installation on Little St. James fo
DARREN K. INDYKE DARREN K. INDYKE, PLLC 301 East 66'h Street New York, New York 10065 (212) 517-2052 November 2009 Jay Goldberg, Esq. 250 Park Avenue Suite 2020 New York, NY 10177 Re: Design Services Agreement dated May 15, 2009 by and among Juan Pablo Molyneux, J.P. Mol
ain outstanding. For almost three weeks now, LSJ's representative, Doug Schoettle, has been emailing JP asking for JP to provide a schedule for the Fancelli cabinetmakers to travel to Little Saint James island to complete the installation of the bookcases and paneling in the Office Pavilion as required
DARREN K. INDYKE DARREN K. INDYKE, PLLC 301 East 66'h Street New York, New York 10065 (212) 517-2052 November 4, 2009 Jay Goldberg, Esq. 250 Park Avenue Suite 2020 New York, NY 10177 Re: Design Services Agreement dated May 15, 2009 by and among Juan Pablo Molyneux, J.P. Mol
Jay Goldberg, Esq. RE: RESOLUTION AGREEMENT ST. JAMES PROJECT Gentlemen: Attached hereto are Fancelli Paneling work proposals, inclusive of: (i) Fancelli's response to items described in Mr. Epstein's September 8th E-Mail and designated "1" through "10" in the "Indyke Complaint Punch List"; (ii) pr
Jeffrey Epstein c/o Darren Indyke, Esq. Molyneux Studios c/o Jay Goldberg, Esq. RE: RESOLUTION AGREEMENT ST. JAMES PROJECT Gentlemen: Attached hereto are Fancelli Paneling work proposals, inclusive of: (i) Fancelli's r
MEMORANDUM TO: Darren Indyke FROM: Jay Goldberg DATE: July 14, 2010 From the contact made with Mr. Fancelli by members of your side, do I understand that if Fancelli and his team went to the Island to complete the work that was originally intended to be d
MEMORANDUM TO: Darren Indyke FROM: Jay Goldberg DATE: July 14, 2010 From the contact made with Mr. Fancelli by members of your side, do I understand that if Fancelli and his team went to the Is
se Jean Pierre Fancelli, Fancelli Paneling, Inc., Fancelli Studios, Atelier Fancelli, or any entity affiliated or otherwise associated with any such Fancelli entity (collectively, the "Fancelli Group"), from any Claims whatsoever. (b) JP and Studio and each of their successors, assigns, principals heir
Hook Quarter, Suite B-3 St. Thomas, USVI 00802 With a courtesy copy to: Darren K. lndyke, Esq. (b) For JP and Studio: With a courtesy copy to: Jay Goldberg, Esq. • EFTA00312669 17. In the event of any claimed breach, any Party claimed to have been aggrieved shall provide the other Party with fiftee
Jay Goldberg, Esq. RE: RESOLUTION AGREEMENT ST. JAMES PROJECT Gentlemen: Attached hereto are Fancelli Paneling work proposals, inclusive of: (i) Fancelli's response to items described in Mr. Epstein's September 8th E-Mail and designated "1" through "10" in the "Indyke Complaint Punch List"; (ii) pr
Jeffrey Epstein c/o Darren Indyke, Esq. Molyneux Studios c/o Jay Goldberg, Esq. RE: RESOLUTION AGREEMENT ST. JAMES PROJECT Gentlemen: Attached hereto are Fancelli Paneling work proposals, inclusive of: (i) Fancelli's r
Entities connected to both Fancelli and Jay Goldberg

Jeffrey Epstein
PERSONDarren Indyke
PERSONJuan Pablo Molyneux
PERSONDoug Schoettle
PERSON
Marc Rich
PERSONthe State of New York
LOCATIONL.S.J.
ORGANIZATION
U.S. Virgin Islands
LOCATIONJ.P. Molyneux Studio, Ltd.
ORGANIZATIONStudio, Ltd.
ORGANIZATIONStudio
PERSONMolyneux Studio
ORGANIZATION
St. John
LOCATIONJ.P. Molyneux Studio
PERSONthe Office Pavilion
ORGANIZATIONDenise M. Francois
PERSONBevilacqua Fabric
ORGANIZATIONMolyneux Studio, Ltd.
ORGANIZATION
Saint James
LOCATIONFancelli Paneling
PERSON