IN THE SUPERIOR COURT

OF THE VIRGIN ISLANDS

FILED

March 17, 2021
ST-2020-CV-00155
TAMARA CHARLES
CLERK OF THE COURT

# SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS / ST. JOHN

GHISLAINE  MAXWELL,

Case No. ST-2020-CV-00155

PLAINTIFF,

Action for Indemnification

V.

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 was referred, sua sponte, by Order dated and entered February l l, 2021, to determine whether the case should be treated as complex. The Court issues this Order to set a briefing schedule for the parties to follow in addressing that question. Additionally, upon reviewing the case, the Court notes that the Government ofthe Virgin Islands ("Government") moved to intervene. Assuming, for purposes of this determination only, that the motion would be granted, the Court will allow the Government to be heard as to whether complex treatment is appropriate. The Court takes judicial notice that a similar order was entered on March 12, 2021, in Case No. ST-2020-CV-OO0 14 , Governmentof the Virgin Islands v. DarrenK. Indyke, et al., setting a briefing schedule for the parties to follow as to whether that case should be designated as complex. Considering that the Co-Executors are parties in both cases, and in the related probate matter, and further that the Co-Executors filed the motion in Case No. ST-2020- CV-00014 to designate it as complex, the Court will direct them to respond first, whether in support or in opposition to complex treatment, followed by Plaintiff Ghislane Maxwell and the Government. Further

Maxwell v. Estate of Epstein, et al.

ST-2020-EV-00155

ORDER
Page 2 of 2

response by the Co-Executors will only be permitted on motion showing cause but should be accompanied by the proposed surresponse, if any.

Accordingly, it is hereby

ORDEREDthat the Co-Executors MAY SERVE andFILEa response in writing within ten (10) days from the date of entry of this Order addressing whether this case should be designated as complex and/or assigned to the same judge as Case No. ST-2020-CV-000 14 to avoid delay and inconsistent rulings. Plaintiff Ghislane Maxwell and the Government of the Virgin Islands MAY SERVE andFILEa reply to the Co-Executors' response within fifteen (15) days from the date the Co-Executors file their response, if any, or if none, then within fifteen (15) days from when the response was due. It is further

ORDEREDthat failure to file a response or reply will be construed as no objection to designating this case as complex or assigning it to the same judge as the other related cases. No extensions of time will be granted given the length of time that has already passed since the February 11, 2021 Order was entered without response from the current or prospective parties. Lastly, the Court will make its decision based on the papers without oral argument.

A copy of this Order shall be served on Kyle R. Waldner, Esq., Christopher Allen Kroblin, Esq., and Assistant Attorney General Ariel M. Smith, Esq.

DONE and so ORDERED this 17th day of March, 2021.

<signature>
HAROLD W.L. WILLOCKS
Presiding Judge of the Superior Court

ATTEST:
TAMARA CHARLES
Clerk of the Court
By: <signature>
Court Clerk III
Dated: 3/17/2021
documents/doj-1777e15ae8578363.pdf
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