INDEX NO.

650852/2016

FILED: NEW YORK COUNTY CLERK 02/18/2016 04:57 PM

NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/18/2016

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

----------------------------------------------------------------------------){
VISHAL ROHITNATHANI,

Index No.:
Plaintiff,

Date Purchased:
SUMMONS
Plaintiff designates New York
County as the place of
trial.

-against-

MAELSTROM GAMING LLC,

MARTIN SHKRELI, and GERARD KELLY

The basis of the venue is

Defendant Martin Shkreli' s
Residence

Defendants.

----------------------------------------------------------------------------)(
Defendant
Martin
Shkreli
resides at:
245 East 40th Street, #20C,
New York, NY
10016
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of
the day of service (or within 30 days after the service is complete if this summons is not personally
delivered to you within the State of New York); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.

Dated: New York, New York

February 18, 2016

Defendant(s) address:
MAELSTROM GAMING LLC
via Secretary of State
MARTIN SHKRELI
245 East 40th Street, #20C
New York, NY 10016

GERARD KELLY
320 Pin Oak Ave.
Woodstock, Georgia 30118
And/or

GERARD KELLY
51 Hazelwood Rd.
Debary, Florida 32713

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

----------------------------------------------------------------------------)(
VISHAL ROHIT NATHANI,
Index No.:
Plaintiff,
COMPLAINT

-against-

MAELSTROM GAMING LLC,

MARTIN SHKRELI, and GERARD KELL Y
Defendants.

----------------------------------------------------------------------------)(
Plaintiff VISHAL ROHIT NATHANI

(hereinafter, "PLAINTIFF"),

by their attorney

ROGER R. QUILES, ESQ., as for their Complaint herein alleges as follows:

PARTIES
1. At all times hereinafter mentioned, Plaintiff VISHAL ROHIT NATHANI was and is a
natural person with a permanent residence in the State of Nevada over the age of eighteen
who provides coaching services for professional eSports teams competing in the League
of Legends videogame.
2. At all times hereinafter mentioned, Defendant MAELSTROM GAMING LLC
(hereinafter, "MAELSTROM) was and is a foreign limited liability company organized
and existing under and by virtue of the laws of the State of Delaware which operated the
professional eSports team known as "Team Imagine."
3. At all times hereinafter mentioned, Defendant MARTIN SHKRELI (hereinafter,
"SHKRELI") was and is a natural person residing in the State of New York over the age
of eighteen who co-owned MAELSTROM and served as its Chairman.

4. At all times hereinafter mentioned, Defendant GERARD KELLY (hereinafter,

"KELL Y") was and is a natural person residing in the State of Georgia and/or in the State
of Florida over the age of eighteen who co-owned MAELSTROM.
FACTS
5.

On or about August 15,2015, PLAINTIFF was provided with a Maelstrom Coach

Agreement, dated August 15,2015, by KELLY on behalf of MAELSTROM (hereinafter,

"Subject Agreement").
6. The purpose ofthe Subject Agreement was to retain PLAINTIFF's services as a coach
for MAELSTROM's

professional eSports team, "Team Imagine."

7. PLAINTIFF agreed to provide services to MAELSTROM in exchange for compensation.

8. Pursuant to the terms ofthe Subject Agreement, PLAINTIFF and MAELSTROM agreed
to the jurisdiction and goveJng

laws ofN ew York.

9. On or about August 15,2015. PLAINTIFF executed the Subject Agreement.

10. The effective dates of the Subject Agreement are August 15,2015 to December 15,2015.
11. Pursuant to the terms of the Subject Agreement, PLAINTIFF was to be paid $30,000 by
MAELSTROM on a quarterly basis.
12. On or about August 15,2015, PLAINTIFF commenced his services for MAELSTROM.
13. At all relevant times herein, PLAINTIFF performed the services required by the Subject
Agreement.
14. On or about August 22,2015, PLAINTIFF received a payment of $5,000 from
SHKRELI's personal PayPal account (hereinafter, "August 22nd Payment").
15. The August 22nd Payment was made by SHKRELI as partial compensation to
PLAINTIFF for services provided to MAELSTROM.

16. SHKRELI commingled personal funds with MAELSTROM's

funds.

17. Upon information and belief, SHKRELI made the August 220d Payment from his
personal PayPal account because SHKRELI and KELLY (hereinafter, "Owners") did not
open a business bank account on behalf of MAELSTROM.
18. Upon information and belief, SHKRELI made the August 220d Payment from his
personal PayPal account because MAELSTROM was undercapitalized.
19. Upon information and belief, the Owners failed to adhere to the formalities of limited
liability companies while establishing and operating MAELSTROM.
20. The Owners exercised complete control and domination of the finances and business
practices of MAELSTROM such that MAELSTROM was the alter ego of the Owners.
21. Notwithstanding these facts, PLAINTIFF has not been paid in full for his services in
accordance with the terms and conditions of the Subject Agreement.

AS AND FOR PLAINTIFF'S FIRST CAUSE OF ACTION AGAINST

DEFENDANTS
22. PLAINTIFF repeats and re-alleges paragraphs "I" through "21," with the same force and
effect as if set forth at length herein.
23. Pursuant to the terms of the Subject Agreement, PLAINTIFF was to be paid $30,000 for
services rendered from August 15,2015 through November 15,2015 (hereinafter, "First
Quarter").
24. PLAINTIFF was only paid $5,000 for services rendered during the First Quarter.
25. To date, the Defendants have failed to pay PLAINTIFF $25,000 in compensation due for
services rendered during the First Quarter.

26. Pursuant to the terms of the Subject Agreement, it is unclear what PLAINTIFF was to be
paid for services rendered from November 15,2015 through December 15, 2015
(hereinafter, "Partial Quarter").
27. PLAINTIFF was not paid for services rendered during the Partial Quarter.
28. The Defendants' failure to pay PLAINTIFF in full for services rendered during the First
Quarter and Partial Quarter constitutes a breach of contract.
29. The Owners' control and domination of MAELSTROM's

finances and business practices

were used to perpetrate said breach of contract.

30. As a result ofthe Defendants' breach, PLAINTIFF has sustained damages in an amount
to be determined but believed to be in excess of $25,000, plus interest thereupon.

WHEREFORE, PLAINTIFF demands judgment as follows:

(a) On the First Cause of Action against Defendants SHKRELI, KELLY, and
MAELSTROM, judgment in an amount to be determined but believed to be in
excess of $25,000, plus interest thereupon.
(b) For such other and further relief this Court may deem proper.

Dated: Staten Island, New York

February 18,2016
ROGER R. QIDLES, ESQ.
Attorney for Plaintiff

'f?;-~

60 Ba~ct:SUri0
=2/
Stat&' Island, New York 10301
(917) 477-7942

Index No.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
VISHAL ROHIT NATHANI
Plaintiff
against MAELSTROM GAMING LLC,
MARTIN SHKRELI, and GERARD KELLY
Defendant

SUMMONS AND COMPLAINT

Roger R. Quiles, Esq.
Attorney for Plaintiff
60 Bay Street, Suite 708
Staten Island, NY 10301
(917) 477-7942
Pursuant to 22 NYCRR Rule 130-1.1 the undersigned, an attorney admitted to practice in the courts of
New York State, certifies that, upon information and belief and reasonable inquiry, the contentions
contained in the annexed document(s) are not friVOlOUS..
_
~
Dated:

SIgnature: """~T~'-:'-7':~~~~
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~R.QUles,
sq.

18/16

Service of a copy of the within

Dated
Attorney(s) for
Please take notice

D
Notice of
Entry

Notice of
Settlement

that the within is a (certified true copy of a

entered in the office of the clerk of the within named Court on

that an Order of which the within is a true copy will be presented for
settlement to the Hon.
one of the judges
of the within named Court, at
on
, at
M.

Dated
Roger R Quiles, Esq.
Attorneys for
60 Bay Street, Suite 708
Staten Island, NY 10301
TO
Attorney(s) for