IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

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, v. ) ACTION FOR DAMAGES ) FANCELLI PANELING, INC., ) ) Defendant. ) ORDER DIRECTING MEDIATION AND NOW, it is hereby ORDERED that pursuant to Super. Ct. R. 40 and LRCi 3.2, this matter is hereby REFERRED to mediation as follows: 1. The parties shall agree on a designated mediator from the list of certified mediators. Said mediator shall be deemed designated to mediate without further order of the court. 2. The mediation shall be completed on or before Thursday, December 1, 2011. The parties and designated mediator are ordered and directed to proceed with mediation in accordance with the Rules of the Superior Court of the Virgin Islands. The parties or their representatives having full authority to settle without further consultation must appear. Failure to comply herewith may subject the parties to appropriate sanctions. 3. Each party shall remit a deposit in the amount of the hourly rate of the selected mediator to the American Mediation Institute at P.O. Box 6832, St. Thomas, Virgin Islands. 00804, two (2) weeks prior to the scheduled date of said mediation. The balance of the fee, if any, depending upon the length of the conference, shall be paid immediately at the conclusion thereof. The fee shall be paid fifty percent (50%) by the Plaintiff(s) and fifty percent (50%) by the Defendant(s). If the mediation takis less than two (2) hours, the mediator shall retain the I deposits as payment for his/her services. If any of the parties cancels prior to the date of the scheduled mediation, the "cancelling" party shall be responsible for full payment of the fee for two (2) hours. 4. The parties are advised that the American Mediation Institute will ask two mediation trainees to observe and/or co-mediate in the mediation. The trainees are bound by the same rules of confidentiality as the Mediator. 5. Discovery will continue throughout the course of mediation. EFTA01114318 Jeffrey Epstein v. Fence& Paneling Inc. Civil No. ST-10-CV-443 Order Page 2 of 2 6. If any of the parties fails to comply with the obligations set forth herein to ensure that mediation is accomplished, appropriate sanctions may be imposed. 7. Copies of this Order Directing Mediation shall be directed to the American Mediation Institute and counsel of record. DATED: August 2. , 2011 AU Cler B VELAZQUE ESQUIRE LORI BO S- YSON Court Cler upeivisor 3 JAMES S. CARROLL 114--- Judge of the Superior Court of the Virgin Islands CERTIFIED A TRUE COPY Date: r By: Court Clerk EFTA01114319