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08/10/2012 15:08 FAX 1 340 7773019 A.J.Weiss Law Firm Q8002/004 IN THE SUPERIOR COURT OF THE VIR GIN ISLANDS DIVISION OF ST. THOMAS AND S It JOHN JEFFREY EPSTEIN and L.S.J., LLC, ) Plaintiffs, ) ) v. ) ) FANCELLI PANELING, INC., and ) J.P. MOLYNEUX STUDIO, LTD., ) Defendants, ) ) CIVIL NO. 2010/443 AC ION FOR DAMAGES JURY TRIAL DEMANDED JPMS' MOTION TO DISMISS FOR FA: LURE TO STATE CLAIM ON WHICH RELIEF CO BE GRANTED COMES NOW defendant J.P. MOLYNEUX STUDIC, I ID. ("JPMS"), by and through undersigned counsel, and pursuant to Fed. It. Civ. P. 12(bX6) rude applicable in this Court by Superior Court Rule 7, hereby moves to dismiss as the Second A nended Complaint fails to assert any claims for relief against it. In support of this motion, JPMS states that there arc oc. c laims for relief asserted against it by plaintiffs in the Second Amended Complaint. Indeed, plaintiffs are not seeking any relief from movant, and have not alleged any facts which would even al guably support a claim for relief against JPMS. As such, the Second Amended Complaint fails t > state a plausible claim against JPMS on which relief could be granted against it, and it would tc an abuse of discretion to hold JPMS in this case. WHEREFORE, the Second Amended Complaint as it NI des to JPMS must be dismissed with prejudice for failure to state any claim against JPMS on whit it relief can be granted. DATED: August 10, 2012 tfully subrnitt & AS5.;OCIATES By: elephone: Telecopier: Counsel for #4-17 ss, Lane U.S. Vir4in Islands 00802 . Molyneux Studio, Ltd. 402Q/PMIWIPMS Mm m Dismiss for Fain m Smie Claim FINAL.wOd EFTA01098976 08/10/2012 15:08 FAX 1 340 7773019 A.J.Weiss Law Firm 1 003/004 Epstein v. Fancy J.P. Mcdyneux Studio, Ltd Super. Ct. Civ. No. 2010/443 SiMotioal4Dismi Granted Pate 2 CERTIFICATE OF SERVIC)ii. It is hereby certified that on the 10th day of August 2012, ( caused a true and exact copy of JPMS' MOTION TO DISMISS FOR FAILURE TO STATE CLAIM ON WHICH RELIEF CAN BE GRANTED to be served via U.S. Mail, postage prepaid, upon the following: Denise M. Francois, Esq. HODGE & FRANCOIS 1340 Taameberg St. Thomas, U.S. Virgin Islands 00802 Counsel for Plaintiffr Jeffrey Epstein & LLC Treston E. Moore, Esq. MOORE DODSON & RUSSELL, P.C. Post Office Box 310 14A Norre Gade St. Thomas, U.S. Virgin Islands 00804-0310 Counsel for Defendant Fancelli Paneling, Inc. , S19 , Kisha Callw od 4020/FIdgillPMS Mm b Dimities for Faure la State Claim FINAL.mpd . • EFTA01098977 oaitoi2o12 15:09 FAX 1 340 7773019 A.J.Wetss Lam Firm QD004/004 IN THE SUPERIOR COURT OF THE VIRGI N ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN EFFREY EPSTEIN and L.S.J., LLC, Plaintiffs, v. FANCELLI PANELING, INC., Defendant, v. .P. MOLYNEUX STUDIO, LTD., Nominal Defendant. CIVIL NO. 2010/443 ACTION FOR DAMAGES JURY CRIAL DEMANDED ORDER THIS MATTER is before the Court on defendant J.P. M )LYNEUX STUDIO, LTD.'s otion to Dismiss the Second Amended Complaint as it related to movant; it appearing that all arties have been duly served, and the Court being fully advised as to the premises; it is now erefore hereby ORDERED that defendant J.P. Molyneux Studio Ltd.'s Motion is GRANTED; and it is er ORDERED that J.P. Molyneux Studio Ltd.' is DISMISSED WITH PREJUDICE. SO ORDERED this day of August 2012. TTEST: ENETIA H. VELASQ1JEZ Jerk of the Superior Court By: Deputy Clerk HON. JAMES S. ( 'ARROLL, III Judge of :h. • Superior Court of the Virgin Islands EFTA01098978