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 IMMEDIATE HEARING OR CONFERENCE REGARDING |
| 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 set an immediate hearing or an in-chambers conference with regard to the pending Expedited Motion for Establishment of a Voluntary Claims Resolution Program (“Expedited Motion”), filed on November 14, 2019. Immediate Court action is needed to approve establishment of a proposed Epstein Victims’ Compensation Program (the “Program”) for the purpose of resolving multiple sexual abuse claims against Jeffrey E. Epstein, deceased. The grounds for the requested relief are as follows:¶
Without the Court’s immediate action, the Program cannot move forward. The independent, nationally recognized claims administration experts proposed by the Estate will not be able to design and implement the Program, to the extraordinary detriment of numerous claimants (now twenty-six different women, with more expected) who seek the fair and expeditious resolution of their claims of sexual abuse. In this matter, justice delayed will truly be justice denied.¶
EFTA00100674¶
Estate of Jeffrey E. Epstein¶
Request for Immediate Hearing or Conference¶
| Probate No. | ST-19-PB-80 |
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I. FACTS IN SUPPORT OF MOTION¶
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Mr. Epstein died in New York on August 10, 2019. On August 15, 2019, a Petition for Probate and for Letters Testamentary was filed with the Court. On September 6, 2019, the Court issued Letters Testamentary appointing Messrs. Indyke and Kahn to act as Co-Executors for the Estate.
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On November 14, 2019, the Co-Executors filed the Expedited Motion seeking the Court’s approval to retain three independent, nationally recognized claims administration experts — Jordana Feldman, Kenneth Feinberg and Camille Biros — to design and implement a mass tort-type program to achieve the fair and expedited resolution of sexual abuse claims filed by numerous claimants against the Estate. As noted by the Co-Executors in their Request for Ruling on Expedited Motion for Establishment of a Voluntary Claims Resolution Program, filed December 4, 2019 (“Request for Ruling”), there are now 17 separate lawsuits pending against the Estate, involving allegations by twenty-six different plaintiffs of Mr. Epstein’s sexual abuse. Moreover, 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. See Request for Ruling Ex. A, Status Conf. Tr. (November 21, 2019), at 38:7-14.
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Additionally, on November 14, 2019, Ms. Feldman, Mr. Feinberg and Ms. Biros publicly announced the filing of the Expedited Motion. See “Administrator Jordana M. Feldman Announces Proposed Establishment of the Epstein Victims’ Compensation Program,” (November 14, 2019), copy attached hereto as Exhibit A. The proposed Epstein Victims’ Compensation Program has received widespread publicity in the national press, and several United States federal judges have publicly recognized the significance of that Program.
EFTA00100675¶
Estate of Jeffrey E. Epstein¶
Request for Immediate Hearing or Conference¶
| Probate No. | ST-19-PB-80 |
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This markdown format preserves the original layout, including headings, paragraphs, and table formulas.¶
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- On December 12, 2019, Ms. Feldman, Mr. Feinberg and Ms. Biros informed the Co-Executors that, without Court action on the Expedited Motion, they cannot move forward with the Program. In particular, they cannot engage critically necessary third-party vendors (e.g., information technology specialists and claims processing experts), cannot retain critical staff (including attorneys, claims evaluators and operational staff), and cannot lease or outfit space essential to house the Program’s operations and staff, or perform other necessary Program-related activities.
II. NEED FOR IMMEDIATE ACTION¶
By the Expedited Motion, the Co-Executors seek the Court’s authorization to use Estate funds to retain the services of the proposed Program Administrator and Program Designers — Ms. Feldman, Mr. Feinberg and Ms. Biros — and authorize the release of payments necessary to ensure the prompt and effective implementation of the Program and design of a Program protocol (“Protocol”) to establish a fair, independent claims resolution process. Once the Protocol is developed and finalized — with input sought from claimants and their counsel, as well as other interested parties — the Co-Executors will submit it to the Court for approval and will seek an order to formally commence claims resolution proceedings under the Program.¶
Without the Court’s approval of the Expedited Motion, the Program simply cannot proceed. Instead, the multiple litigations in New York will move forward, at full speed and at great expense to the Estate and to claimants. Without an alternative solution in place for resolving claims, those litigations will continue and likely expand, with enormous attendant costs imposed on all parties in cases where a claimant might have alternatively participated in the Program. Out of necessity and responsibility to these parties and to the Estate, action from the Court is imperative. Time is of the essence.¶
EFTA00100676¶
Estate of Jeffrey E. Epstein¶
Request for Immediate Hearing or Conference¶
| Probate No. | ST-19-PB-80 |
|---|
This markdown format preserves the original layout, including headings, paragraphs, and table formulas.¶
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Accordingly, it is respectfully requested that this Honorable Court set an immediate¶
hearing or in-chambers conference on the Expedited Motion.¶
Respectfully,¶
Dated: December 13, 2019¶
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¶
St. Thomas, V.I. 00802¶
Telephone:¶
Facsimile: 0¶
Email:¶
EFTA00100677¶
Estate of Jeffrey E. Epstein¶
Request for Immediate Hearing or Conference¶
| Probate No. ST-19-PB-80 |
| Page 5 |
CERTIFICATE OF SERVICE¶
I HEREBY CERTIFY that on this 13th day of December 2019, I caused a true and exact copy of the foregoing Request for Immediate Hearing or Conference Regarding Expedited Motion for Establishment of a Voluntary Claims Resolution Program to be served via electronic mail upon:¶
John H. Benham, Esq.¶
Law Office of John H. Benham, P.C.¶
St. Thomas VI 00801¶
Douglas B. Chanco, Esq.¶
ChancoSchiffer P.C.¶
Atlanta, GA 30326¶
A. Jeffrey Weiss, Esq.¶
A.J. Weiss & Associates¶
St. Thomas, VI 00802¶
Richard P. Bourne-Vanneck, Esq.¶
Law Offices of Richard Bourne-Vanneck¶
St. Thomas VL 00802¶
Sean Foster, Esq.¶
Marjorie Rawls Roberts, P.C.¶
St. Thomas, VI 00804¶
95703462_1¶