IN THE DISTRICTCOURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN J. P. MOLYNEUX STUDIO, LTD. and ) JUAN PABLO MOLYNEUX, ) ) Plaintiffs, ) Civil No. 2010/34 v. ) ) JEFFREY EPSTEIN and L.S.J., LLC, ) ) Defendants. ) DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO STAY RULING ON DEFENDANTS' MOTION TO DISMISS The Defendants have filed a pleading captioned "Notice of Motion" and an unswom affidavit not based upon personal knowledge in an attempt to control this Court's management of this litigation. The motion and unswom affidavit inaccurately state the status of settlement negotiations between the above-captioned parties. Based upon the attached Affidavit of Jeffrey Epstein ("Epstein") filed in support of this opposition and for the reasons set for the below, the Defendants' motion asking this Court to "withhold its ruling on Defendants' motion to dismiss..." should be denied and Defendants' should be awarded their attorney's fees and costs incurred in defending this motion. I. Defendants' Motion Is Defective and Should Be Denied. LRCi 7.1(b) requires "[w]hen allegations of fact not appearing of record are relied in support of a motion...all affidavits and other pertinent documents shall be filed before the hearing of the motion." Defendants most recent motion (Doc # 31) refers to facts not appearing of record. While the motion was filed with a document called an affidavit, the document is not a sworn statement or attorney's affirmation or declaration. An affidavit is "[a] voluntary 1 EFTA00725572