Case File
efta-efta00613769DOJ Data Set 9OtherIN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
Date
Unknown
Source
DOJ Data Set 9
Reference
efta-efta00613769
Pages
3
Persons
0
Integrity
Extracted Text (OCR)
Text extracted via OCR from the original document. May contain errors from the scanning process.
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
.
C—Le Li
t-0:12
DIVISION OF ST. THOMAS AND ST. JOHN
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
/9/
/O2
Court C fit Supervisor 1O2--/
EFTA00613771
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