EFTA00309181Set 9
2010-11-2959p17,228w
OPPOSITION TO DEFENDANT'S MOTION TO DISMISS
CD
The motion to dismiss filed by Defendant Fancelli Paneling, Inc. ("Defendant") in the
above-captioned action misstates New York law, improperly relies ... upon the foregoing, service of the summons and the FAC was validly effected
upon Defendant Fancelli Paneling, Inc. and Defendant's motion to dismiss based upon
ineffective service of process ... Case No. ST-10-CV-443
II. THIS COURT HAS PERSONAL JURISDICTION OVER DEFENDANT
FANCELLI PANELING, INC.
A. Legal Standard for Evaluating a Motion to Dismiss for Lack of Personal
https://www.justice.gov/epstein/files/DataSet%209/EFTA00309181.pdf
EFTA01098959Set 9
2012-08-1017p6,168w
Court by
Superior Court Rule 7, hereby moves to dismiss the Cross-Claim: of defendant Fancelli Paneling,
Inc. ('Fancelli"), for failure to state claims on which relief can b.: granted ... Bunch v. Milberg Factors, Inc., 662 F.3d 212, 220-1 (3d Cir. 2011).
Here, defendant Fancelli's Cross-Claims do not come lose to meeting this standard.
Fancelli's Cross ... against Molyneux in an amount equal to any arm flint
realized by Plaintiffs against Defendant Fancelli;
B. To award Defendant its attorney's fees and costs, incun
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098959.pdf
EFTA01099088Set 9
2010-08-1021p5,745w
AMENDED REPLY TO OPPOSITION TO MOTION TO DISMISS
WITH POINTS AND AUTHORITIES
COMES NOW Defendant, FANCELLI PANELING, INC. ("Fanelli"), by and
through its undersigned counsel, to provide its Reply ... Defendant maintains that this Court lacks specific jurisdiction over it as well, because
Defendant Fancelli does not have sufficient minimum contacts with the Virgin Islands to support
the exercise ... they allege the separate contracts between
Plaintiff Epstein and Molyneux, then between Molyneux and Defendant Fancelli. FAC, ¶¶ 4 &
7. The theory advanced by Plaintiffs' is that Defendant was somehow contractually
https://www.justice.gov/epstein/files/DataSet%209/EFTA01099088.pdf
EFTA01114241Set 9
9p2,549w
Plaintiffs, )
)
v. ) NO. ST-10-CV-443
)
FANCELLI PANELING, INC., )
) (CARROLL, J.)
Defendant. )
)
DEFENDANT FANCELLI PANELING, INC.'S
OPPOSITION TO MOTION TO DISMISS CROSS-CLAIMS AND
MOTION TO DISMISS ... SECOND AMENDED COMPLAINT
WITH POINTS & AUTHORITIES
COMES NOW Defendant, FANCELLI PANELING, INC. ("Fancelli"), by and through
its undersigned Counsel, to submit its Opposition to Defendant, J.P. MOLYNEUX STUDIO ... from this
action.
Alternatively, the Second Amended Complaint should be dismissed as against both
Defendants Fancelli and Molyneux, but not as to either of them.
VII. CONCLUSION
Based
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114241.pdf
EFTA00310004Set 9
2010-08-1026p8,275w
OPPOSITION TO MOTION TO DISMISS THE COMPLAINT
WITH POINTS AND AUTHORITIES
COMES NOW Defendant, FANCELLI PANELING, INC. ("Fancelli"), by and
through its undersigned counsel, to provide its Reply to Plaintiffs ... they allege the separate contracts between
Plaintiff Epstein and Molyneux, then between Molyneux and Defendant Fancelli. FAC, para. 4
& 7. The Plaintiffs, however, attempt to bridge the chasm with ... 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
https://www.justice.gov/epstein/files/DataSet%209/EFTA00310004.pdf
EFTA00309172Set 9
2011-05-249p2,164w
CARROLL III...
ORDER SIGNED BY HON. JAMES S. CARROLL III..
ORDERED THAT DEFENDANT FANCELLI PANELING, INC.'S JANUARY 13, 2011
MOTION TO DISMISS IS DENIED; AND IT IS FURTHER ... JEFFREY EPSTEIN AND ...
05/16/2011 ORDER SIGNED BY HON. JAMES S. CARROLL III...
ORDERED TAHT DEFENDANT FANCELLI PANELING. INC.'S MARCH 14, 2011
MOTION TO FILE OUT OF TIME ... DEFENDANT'S REPLY TO OPPOSITION IS GRANTED; AND IT IS FURTHER
ORDERED THAT DEFENDANT FANCELLI PANELING. INC'S MARCH 15, 2011
MOTION FOR LEAVE TO FILE AN AMENDED REPLY
https://www.justice.gov/epstein/files/DataSet%209/EFTA00309172.pdf
Plaintiffs, )
)
v. ) NO. ST-10-CV-443
)
FANCELLI PANELING, INC., )
) (CARROLL, J.)
Di Pendant. )
)
DEFENDANT FANCELLI PANELING, INC.'S
MOTION TO ENTER UPON LAND FOR INSPECTION AND OTHER PURPOSES
WITH ... POINTS & AUTHORITIES
COMES NOW Defendant, FANCELLI PANELING, INC. ("Fancelli"), by and
through its undersigned Counsel, to submit its Motion to Enter Upon Plaintiffs' Land for
Inspection and other Purposes, Pursucnt ... evaluate the work in place
that is the subject matter of Plaintiffs' claims against Defendant Fancelli alleging, inter alia, that
the work previously approved by Plaintiffs and their agent/contractor
https://www.justice.gov/epstein/files/DataSet%209/EFTA01112363.pdf
EFTA01120429Set 9
2011-05-2437p2,724w
entered on March 14, 2012, as and for their Second
Amended Complaint against the Defendants, Fancelli Paneling, Inc. and J. P. Molyneux
Studio, Ltd., state the following:
1. The Plaintiff ... Upon information and belief, at all times relevant herein, Defendant Fancelli
Paneling, Inc. ("Fancelli") was a corporation, incorporated in the State of New York engaged
in the business of restoration ... arising from the subject matter of this action (expressly
preserving their claims against Defendant Fancelli Paneling, Inc.) and do not allege any
claims or causes of action herein against
https://www.justice.gov/epstein/files/DataSet%209/EFTA01120429.pdf
EFTA01147271Set 9
2012-07-026p1,151w
Urgent D3'Cr review 0 Please I: Please reply U Please recycle
Opposition of Defendant Fancelli Paneling, Inc. to Plaintiffs' Emergency Motion
to Compel the Attendance of (Monsieur) Jean-Pierre ... FANCELLT PANELING, INC., and
S.F. MOLYNEUX STUDIO, LTD.,
(CARROLL, J.)
Defendants.
OPPOSITION OF DEFENDANT FANCELLI PANELING, INC., TO PLAINTIF
FS'
EMERGENCY MOTION TO COMPEL THE ATTENDANCE OF (MONSIEUR)
JEAN-PIERRE ... P.005
07/05/2012 16:16 3407775498 MOORE DODSON RUSSELL PAGE 04/05
OPPOSITION OF DEFENDANT FANCELLI PANELING. INC.
TO PLAINTIFFS' EMERGENCY MOTION TO COMPEL PANCELLPS
Epstein, et al. P. Pance/li Paneling
https://www.justice.gov/epstein/files/DataSet%209/EFTA01147271.pdf
EFTA00307083Set 9
2011-05-2413p5,972w
Plaintiffs Counsel for Defendant
CARROLL, Judge
I MEMORANDUM OPINION
(Filed: May /S. , 2011)
Defendant Fancelli Paneling, Inc., ("Fanelli") moves to dismiss Plaintiffs' First
Amended Complaint, arguing, among other things, that ... reasons stated in the Memorandum Opinion issued today, it is hereby
ORDERED that Defendant Fancelli Paneling, Inc.'s January 13, 2011 Motion to Dismiss
is DENIED; and it is further
https://www.justice.gov/epstein/files/DataSet%209/EFTA00307083.pdf
EFTA01145884Set 9
2012-12-304p871w
arrange a face-to-face meeting in Paris, France, with the principal of
Defendant Fancelli Paneling, Inc., Mr. Jean Pierre Fancelli, to resolve this case. By email dated
October ... mediation through December 30, 2012 is not unreasonable. Moreover, the attached
emails demonstrate that Defendant Fancelli Paneling, Inc. also desires to continue face-to-face
2
EFTA01145885
Plaintiffs' Motionfor Enlargement ... quoting Wright & Miller 4B Fed. Prac. & Proc. Civ. &1165 (3d. ed.). Plaintiffs' and Defendant
Fancelli Paneling, Inc.'s mutual desire to continue settlement negotiations clearly demonstrates
the absence of both
https://www.justice.gov/epstein/files/DataSet%209/EFTA01145884.pdf
EFTA00308339Set 9
2010-03-119p2,616w
extraordinary violation of LRCi 7.1 governing motion practice before this Coy,
the Defendant Fancelli Paneling, Inc. ("Defendant") filed on March 11, 2010 Defendant's
Amended Reply to Opposition to Motion ... this Court disapproved the Stipulation to which the
parties had agreed and ordered that "Defendant Fancelli Panelling, Inc. must FILE its Motion to
File its Reply Out of Time
https://www.justice.gov/epstein/files/DataSet%209/EFTA00308339.pdf
EFTA01114400Set 9
2011-03-072p839w
Epstein's Opposition to the Motion to
Dismiss.
Accordingly, it is hereby
ORDERED that Defendant Fancelli Paneling, Inc.'s March 14, 2011 Motion to File Out
of Time ... Defendant's Reply to Opposition is GRANTED:
and it is further
ORDERED that Defendant Fancelli Paneling, Inc.'s March 15, 2011 Motion for Leave
to File an Amended Reply ... DENIED; and it is further
ORDERED that Defendant Fancelli Paneling, Inc.'s March 11, 2011 Amended Reply is
REJECTED; and it is further
ORDERED that copies of this Order shall
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114400.pdf
EFTA01098979Set 9
2011-03-105p722w
MOTION FOR LEAVE TO FILE AN AMENDED REPLY
WITH POINTS AND AUTHORITIES
COMES NOW Defendant, FANCELLI PANELING, INC. ("Fanelli"), by and through
its undersigned counsel, to move this Honorable Court
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098979.pdf
EFTA01112521Set 9
2012-07-135p1,090w
trying to obtain a
date on which all parties and the mediator were available, Defendant Fancelli Paneling, Inc.'s
counsel sent the following email ... June
15, 2012. During the course of rescheduling the mediation, legal counsel for the Defendant
Fancelli Paneling sent the following email to the American Mediation Institute and other parties ... fabrication of the interior of a library calls into question
whether the Defendant Fancelli Paneling, Inc. intends to mediate in good faith.
6. By the foregoing June 1, 2012 email
https://www.justice.gov/epstein/files/DataSet%209/EFTA01112521.pdf
EFTA01099083Set 9
2006-06-155p950w
FANCELLI PANELING, INC., )
) (CARROLL, J.)
Defendant. )
)
DEFENDANT'S RULE 26(a) DISCLOSURES
COMES NOW DEFENDANT, FANCELLI PANELING, INC., by and through its
undersigned counsel, to provide herewith its initial discovery
https://www.justice.gov/epstein/files/DataSet%209/EFTA01099083.pdf
EFTA00602420Set 9
2012-07-197p1,278w
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 ... HODGE & FRANCOIS MOORE DODSON & RUSSELL, P.C.
Counsel for Plaintiff Epstein, et al. Counsel for Defendant Fancelli Paneling, Inc.
1340 Taameberg P.O. Box 310, E.G.S. (I4A Norre Gade)
St. Thomas
https://www.justice.gov/epstein/files/DataSet%209/EFTA00602420.pdf
EFTA00306391Set 9
2011-05-246p2,559w
party
I Plaintiffs Jeffrey Epstein and L.S.J., LLC are represented by Denise Francois, Esq. Defendant Fancelli P eling,
Inc., is represented by Treston E. Moore, Esq.
2 For a complete
https://www.justice.gov/epstein/files/DataSet%209/EFTA00306391.pdf
EFTA01098976Set 9
2012-08-103p584w
Office Box 310
14A Norre Gade
St. Thomas, U.S. Virgin Islands 00804-0310
Counselfor Defendant Fancelli Paneling, Inc.
Kisha Callw , od S19 ,
4020/FIdgillPMS Mm b Dimities for Faurela State Claim
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098976.pdf