FILED¶
Cune 01, 2020¶
TAMARA CHARLES CLERK OF THE COURT¶
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. AND ST. JOHN¶
CIVIL CASE NO.: ST-20-CV-I55¶
GHISLAINE MAXWELL,¶
Plaintiff,¶
vs.¶
ESTATE OF JEFFREY E. EPSTEIN, DARREN K. INDYKE, in his capacity as EXECUTOR OF THE ESTATE OF JEFFREY E. EPSTEIN, RICHARD D. KAHN, in his capacity as EXECUTOR OF THE ESTATE OF JEFFREY E. EPSTEIN, and NES, LLC, a New York Limited Liability Company,¶
Defendants.¶
JOINT MOTION TO STAY PROCEEDINGS¶
Plaintiff GH1SLAINE MAXWELL (“Plaintiff’), and Defendants DARREN K. INDYKE (“lndyke”) and RICHARD D. KAHN (“Kahn”), by and though their undersigned counsel, in their capacity as Co-Executors of the Estate of Jeffrey E. Epstein (the “Estate”), and on behalf of the Estate and NES, LLC, an entity administered in probate by the Co-Executors as part of the Estate (collectively, the “Defendants”), through their respective undersigned attorneys, hereby file this Joint Motion to Stay Proceedings until September 7, 2020, and state as follows:¶
I. “The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” v. Treasure Bay V.I. Corp., 2016 WL 9503682, at *3 (V.1. Super. Oct. 6, 2016) (citing Landis v. North American Co., 299 U.S. 248, 254-55 (1936)). Generally, the party seeking a stay “must make out a clear case of hardship or inequity in being required to go¶
forward, if there is even a fair possibility that the stay for which he prays will work damage to someone else.” Landis, 299 U.S. at 254. To that end, in determining whether to grant a motion to stay, courts have considered the following factors: (1) whether a stay will simplify issues and promote judicial economy; (2) the balance of hann to the parties; and (3) the length of the requested stay. See 2016 WL 9503682. at *3; Cheyney State Coll. Faculty v. Hufstedler, 703 F.2d 732, 737-38 (3d Cir. 1983) (citing Landis, 299 U.S. at 254-55).¶
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Defendants filed a motion to dismiss the case on May I, 2020, citing, in part, 15 V.I.C. § 606(a), which provides that “(a)n action may be commenced against an executor or administrator at any time after the expiration of twelve months from the granting of letters testamentary or of administration and until the final settlement of the estate and discharge of such executor or administrator from the trust, and not otherwise.” Here, Magistrate Judge Carolyn P. Ilennon-Percell issued Letters Testamentary to Indyke and Kahn on September 6, 2019.
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Therefore, in the interest of judicial economy and preserving assets of the Estate, it is requested that the Court stay the instant proceeding until September 7, 2020, a definite period of 98 days from the date of this Motion. The parties further stipulate that Plaintiff’s response to Defendant’s motion to dismiss shall be due on or by September 7, 2020.
WHEREFORE, Plaintiff and Defendants respectfully request that this Court enter an Order staying this proceeding until September 7, 2020, and for any such other and fiirther relief that this Court deems just and proper.¶
Dated: June 1, 2020¶
QUINTAIROS, PRIETO, [REDACTED] & BOYER, P.A.
Attorneys for Plaintiff
9300 S. Dadeland Blvd., 4{sup}th Floor
Miami, FL 33156
T: (340) 693-0230
F: (340) 693-0300¶
By: /s/ Kyle R. Waldner¶
Kyle R. Waldner, Esq. kwaldner@qpwblaw.com V.I. Bar No.: 1038¶
KELLERHALS [REDACTED] KROBLIN PLLC Attorneys for Defendants¶
[REDACTED] Palms Professional Building 9053 Estate [REDACTED], Suite 101 St. [REDACTED], V.I. 00802 T: (340) 779-2564 F: (888) 316-9269¶
By: /s/ [REDACTED] Kroblin¶
[REDACTED] Kroblin, Esq. ckroblin@kellfer.com V.I. Bar No.: 966¶
CERTIFICATE OF SERVICE¶
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via email and U.S. Mail this 14 day of June, 2020 to:¶
Kroblin, Esq. KELLERHALS KROBLIN PLLC Palms Professional Building 9053 Estate M, Suite 101 St. V.I. 00802 ckrotaliMet kellfer.com¶
/s/ Kvle R. Waldner¶
Kyle R. Waldner, Esq.¶
kwaldner6/ aowblaw.com¶
V.I. Bar No.: 1038¶
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. AND ST. JOHN¶
CIVIL CASE NO.: ST-20-CV-155¶
GHISLAINE MAXWELL,¶
Plaintiff,¶
vs.¶
ESTATE OF JEFFREY E. EPSTEIN, DARREN K. INDYKE, in his capacity as EXECUTOR OF THE ESTATE OF JEFFREY E. EPSTEIN, RICHARD D. KAHN, in his capacity as EXECUTOR OF THE ESTATE OF JEFFREY E. EPSTEIN, and NES, LLC, a New York Limited Liability Company,¶
Defendants.¶
ORDER¶
THIS MATTER is before the Court on the Joint Motion To Stay Proceedings between the parties hereto. The premises having been duly considered, it is hereby:¶
ORDERED that the Joint Motion To Stay Proceedings is GRANTED; and it is further¶
ORDERED that Plaintiff’s response to Defendants’ motion to dismiss shall be due on or by September 7, 2020; and it is further¶
ORDERED that a certified copy of this Order shall be directed to counsel of record.¶
Dated: 2020¶
ATTEST: TAMARA CHARLES Clerk of the Court¶
By: Deputy Clerk JUDGE OF THE SUPERIOR COURT OF THE VIRGIN ISLANDS¶