IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN ************************** IN THE MATTER OF THE ESTATE OF JEFFREY E. EPSTEIN, PROBATE NO. ST-19-PB-80 Deceased. ACTION FOR TESTATE ADMINISTRATION # REQUEST FOR RULING ON EXPEDITED MOTION FOR ESTABLISHMENT OF A VOLUNTARY CLAIMS RESOLUTION PROGRAM COME NOW the Co-Executors of the Estate of Jeffrey E. Epstein (the “Estate”), DARREN K. INDYKE AND RICHARD D. KAHN, and request that this Honorable Court rule on the Expedited Motion for Establishment of a Voluntary Claims Resolution Program (“Expedited Motion”) filed on November 14, 2019. The grounds for the requested relief are as follows: 1. The Expedited Motion requests that the Court enter an Order approving establishment of a proposed Epstein Victims’ Compensation Program (the “Program”) for the purpose of resolving multiple sexual abuse claims against Jeffrey E. Epstein, deceased. 2. The urgency for a ruling on the Expedited Motion cannot be overstated as the window of opportunity to proceed with the proposed Program will likely close without timely action by the Court. 3. As explained in the Expedited Motion, it is in the interests of justice and all parties with an interest in the Estate for independent, nationally recognized claims administration experts to design and implement a mass tort-type program, to achieve fair and expedited resolution of sexual abuse claims filed by numerous claimants in stateside EFTA00065091 Estate of Jeffrey E. Epstein Request for Ruling on Expedited Motion for Claims Resolution Program | Probate No. | ST-19-PB-80 | | :--- | :--- | This markdown format preserves the original layout, including headings, paragraphs, and table formulas. Page 2 jurisdictions against the Estate. Since the Co-Executors filed the Expedited Motion, five more lawsuits have been filed, bringing to 17 the total number of lawsuits pending against the Estate involving allegations by twenty-six different plaintiffs of Mr. Epstein’s sexual abuse. And, last month, attorneys for women who have sued the Estate announced in New York federal court that “[p]otentially dozens” of additional lawsuits can be expected. EXHIBIT A, Status Conf. Tr. (Nov. 21, 2019), at 38:7-14. 4. As noted in the Expedited Motion, both the Estate and plaintiffs’ counsel in the many lawsuits filed against the Co-Executors in their representative capacities have already expended substantial resources, which will mount significantly as the number of lawsuits increases, scheduling orders are entered and discovery commences, as well as the onset of motion practice and other procedural and substantive requirements inherent in complex multi-jurisdictional litigation. 5. In a hearing held on November 21, 2019, United States Magistrate Judge Debra C. Freeman of the Southern District of New York, who has been assigned to all pending New York federal lawsuits against the Estate, emphasized that settlement, including through the proposed Program, should be explored and directed that the parties’ counsel report back to her about the progress in the U.S. Virgin Islands in adopting the Program. Accordingly, Magistrate Judge Freeman instructed the parties to file by January 10, 2020 a status report concerning settlement, including via the Program, and a plan for moving the cases forward through continued litigation, if necessary. EXHIBIT A, Status Conf. Tr. at 8:12-9:3; 24:1-12; 47:1-22. 6. The renowned individuals who agreed to design and administer the Program have already dedicated substantial time and effort to outlining its contours and are prepared EFTA00065092 Estate of Jeffrey E. Epstein Request for Ruling on Expedited Motion for Claims Resolution Program Probate No. ST-19-PB-80 Page 3 to continue with the next phase of design and implementation of the Program upon this Court's approval of their retention by the Estate. 7. Should the Court desire additional information, the Program administrator and designers, as well as the Estate’s counsel with full knowledge of the proposed Program and the need for its near-term implementation, would be pleased to appear promptly in the Virgin Islands to answer any questions the Court may have about the Program. 8. On or about November 19, 2019, Claimant filed a Response to Executors’ Expedited Motion for Establishment of Voluntary Claims Resolution Program, in which she (a) informed the Court that she has no objection to a voluntary program for victims of Mr. Epstein who want to participate, and (b) without citing any binding legal authority, objected to funding of the claims resolution program through distribution of the Estate’s assets until such time as all claims are resolved. No other response to the Expedited Motion has been filed. 9. Given the time-sensitive nature of the Expedited Motion and prejudice to claimants and the Estate in not timely resolving claims, we request on behalf of the Co-Executors that the Court grant the Expedited Motion forthwith. Respectfully, Dated: December 4, 2019 MarineWash CHRISTOPHER ALLEN KROBLIN, ESQ. ANDREW W. HEYMANN, ESQ. WILLIAM L. BLUM, ESQ. SHARI N. D'ANDRADE, ESQ. MARJORIE WHALEN, ESQ. V.I. Bar Nos. 136, 966, 1221 & R2019 | EFTA00065093 | | :--- | :--- | This is a simple Markdown document with no headings or paragraphs. It contains just one line of text. Estate of Jeffrey E. Epstein Request for Ruling on Expedited Motion for Claims Resolution Program | Probate No. | ST-19-PB-80 | | :--- | :--- | This markdown format preserves the original layout, including headings, paragraphs, and table formulas. Page 4 95604215_6