Global Capital Strategies II, LLC et al v. Khilnani et al
| Global Capital Strategies II, LLC and Avestar Capital, LLC |
| Rakesh Khilnani and Global Opportunistic Investment, LLC |
| 1:2022cv03204 |
| April 19, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Contract: Other |
| 28 U.S.C. § 1332 ds Diversity-Contract Dispute |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 43 LETTER addressed to Judge Paul G. Gardephe from Ivan D. Smith dated June 7, 2022 re: Notice of Voluntary Dismissal. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 42 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Rakesh Khilnani, Global Opportunistic Investment, LLC. Document filed by Global Capital Strategies II, LLC, Avestar Capital, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Smith, Ivan) |
| Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/31/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 40 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/31/2022 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2022. Redacted Transcript Deadline set for 7/7/2022. Release of Transcript Restriction set for 9/6/2022..(Moya, Goretti) |
Filing 39
ORDER granting #38 Letter Motion for Extension of Time. The Application is granted. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 6/2/2022) (kv)
|
| Filing 38 LETTER MOTION for Extension of Time until June 9, 2022 to inform the Court whether Plaintiffs will request a briefing schedule with respect to Defendants' proposed motion to dismiss addressed to Judge Paul G. Gardephe from Ivan D. Smith dated June 2, 2022. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Minute Entry for proceedings held before Judge Paul G. Gardephe: Show Cause Hearing held on 5/31/2022. (Court Reporter Paula Horovitz) (mr) |
| Filing 37 DECLARATION of Rakesh Khilnani in Support re: #36 Response to Order to Show Cause. Document filed by Rakesh Khilnani, Global Opportunistic Investment, LLC. (Attachments: #1 Exhibit Email from Client, #2 Exhibit Email from Shilpa Mullan, #3 Exhibit SEC Investment Advisor Termination).(Doherty, Paul) |
| Filing 36 RESPONSE TO ORDER TO SHOW CAUSE re: #23 Order to Show Cause,,,,. Document filed by Rakesh Khilnani, Global Opportunistic Investment, LLC..(Doherty, Paul) |
| Filing 35 LETTER addressed to Judge Paul G. Gardephe from Ivan D. Smith dated May 26, 2022 re: May 20, 2022 Order (Dkt. No. 32). Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC. (Attachments: #1 Affidavit - Affidavit of Shilpa Konduri Mullan, #2 Affidavit - Affidavit of Xerxes Mullan).(Smith, Ivan) |
| Filing 34 AFFIDAVIT of Rakesh Khilnani in Support re: #24 LETTER MOTION for Conference re: #23 Order to Show Cause,,,, addressed to Judge Paul G. Gardephe from Paul S. Doherty, III dated 05/16/2022.. Document filed by Rakesh Khilnani, Global Opportunistic Investment, LLC. (Attachments: #1 Exhibit IAPD Report, #2 Exhibit FINRA Letter, #3 Exhibit Email from Rajiv Khanna, #4 Exhibit SEC Registered Investment Advisor website).(Doherty, Paul) |
| Filing 33 LETTER addressed to Judge Paul G. Gardephe from Paul S. Doherty, III dated 05/26/2022 re: Order dated May 20, 2022. Document filed by Rakesh Khilnani, Global Opportunistic Investment, LLC..(Doherty, Paul) |
|
Filing 32
ORDER granting #24 Letter Motion for Conference re: #24 LETTER MOTION for Conference re: #23 Order to Show Cause,,,, addressed to Judge Paul G. Gardephe from Paul S. Doherty, III dated 05/16/2022. Accordingly, by May 26, 2022, the parties will make submissions addressing the following: (1) whether Khilnani withdrew from GCS II within the meaning of Section 9.6 of the GCS II Operating Agreement and, if so, when that withdrawal occurred; and (2) the identity and citizenship of each member of Avestar Holdings, LLC at the time the Complaint was filed. All factual allegations in the parties' submissions will be supported by affidavit. The preliminary injunction hearing currently scheduled for May 23, 2022 is adjourned to May 31, 2022 at 4:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, New York, New York. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 5/20/2022) (kv)
|
| Set/Reset Hearings: Show Cause Hearing set for 5/31/2022 at 04:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (kv) |
| Filing 31 AFFIDAVIT OF SERVICE of ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER AND THE SUPPORTING PAPERS served on Global Opportunistic Investment, LLC on May 16, 2022 at 2:26 p.m.. Service was accepted by Rakesh Khilnani, Officer. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 30 AFFIDAVIT OF SERVICE of ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER AND THE SUPPORTING PAPERS served on Rakesh Khilnani on May 16, 2022 at 2:26 p.m.. Service was accepted by Rakesh Khilnani. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 29 LETTER addressed to Judge Paul G. Gardephe from Paul S. Doherty, III dated 05/18/22 re: Plaintiffs' May 18, 2022 Letter to the Court re: Subject Matter Jurisdiction. Document filed by Rakesh Khilnani, Global Opportunistic Investment, LLC..(Doherty, Paul) |
| Filing 28 LETTER addressed to Judge Paul G. Gardephe from Ivan D. Smith dated May 18, 2022 re: Defendants' May 16, 2022 letter to the Court. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC. (Attachments: #1 Exhibit A).(Smith, Ivan) |
|
Filing 27
ORDER with respect to #24 Motion for Conference re: #24 LETTER MOTION for Conference re: #23 Order to Show Cause,,,, addressed to Judge Paul G. Gardephe from Paul S. Doherty, III dated 05/16/2022. Plaintiffs will respond to this letter by 5:00 p.m. on May 18, 2022. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 5/17/2022) (kv)
|
| Filing 26 NOTICE OF APPEARANCE by Janel Robyn Alania on behalf of Rakesh Khilnani, Global Opportunistic Investment, LLC..(Alania, Janel) |
| Set/Reset Deadlines: Responses due by 5/18/2022 (kv) |
| Filing 25 NOTICE OF APPEARANCE by Jeremy Baruch Stein on behalf of Rakesh Khilnani, Global Opportunistic Investment, LLC..(Stein, Jeremy) |
| Filing 24 LETTER MOTION for Conference re: #23 Order to Show Cause,,,, addressed to Judge Paul G. Gardephe from Paul S. Doherty, III dated 05/16/2022. Document filed by Rakesh Khilnani, Global Opportunistic Investment, LLC..(Doherty, Paul) |
|
Filing 23
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is ORDERED, that the above named defendants show cause before a motion term of this Court, at Room 705, United Stated District Court, Southern District of New York, 40 Foley Square, in the City, County and State of New York, on May 23, 2022, at 12:30 o'clock in the afternoon thereof, or as soonthereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 ofthe Federal Rules of Civil Procedure enjoining the defendants during the pendency of this actionfrom: As further set forth in this Order. It is further ORDERED that personal service of a copy of this Order and the papers in supportupon the defendants or their counsel on or before 5:00 o'clock in the afternoon, on May 16, 2022, shall be deemed good and sufficient service thereof. (Signed by Judge Paul G. Gardephe on 5/13/2022) Show Cause Hearing set for 5/23/2022 at 12:30 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (ks)
|
| Filing 22 NOTICE OF APPEARANCE by Maureen Maria Stampp on behalf of Avestar Capital, LLC, Global Capital Strategies II, LLC. (Attachments: #1 Affidavit of Service by Mail).(Stampp, Maureen) |
| Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Global Opportunistic Investment, LLC served on 5/6/2022, answer due 5/27/2022. Service was accepted by Rakesh Khilnani, Officer. Document filed by Global Capital Strategies II, LLC; Avestar Capital, LLC..(Smith, Ivan) |
| Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Rakesh Khilnani served on 5/9/2022, answer due 5/31/2022. Service was accepted by Ms. Sandra Nemitz-Khilnani. Service was made by completing the follow-up mailing on 05/09/2022. Document filed by Global Capital Strategies II, LLC; Avestar Capital, LLC..(Smith, Ivan) |
| Filing 19 AFFIDAVIT OF SERVICE of Second Supplemental Affidavit of Shilpa Konduri Mullan in Support of Order to Show Cause for a Temporary Restraining Order with Exhibits A thereto served on Defendants Rakesh Khilnani and Global Opportunistic Investment, LLC on May 10, 2022. Service was made by UPS Overnight Mail. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 18 AFFIDAVIT of Shilpa Konduri Mullan in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC. (Attachments: #1 Exhibit A).(Smith, Ivan) |
| Filing 17 AFFIDAVIT OF SERVICE of Supplemental Affidavit of Shilpa Konduri Mullan in Support of Order to Show Cause for a Temporary Restraining Order with Exhibits A thru C thereto served on Defendants Rakesh Khilnani and Global Opportunistic Investment, LLC on April 28, 2022. Service was made by UPS Overnight Mail. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 16 AFFIDAVIT of Shilpa Konduri Mullan in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Smith, Ivan) |
| Filing 15 AFFIDAVIT OF SERVICE of Proposed Order to Show Cause along with the Supporting Papers and Commencement Papers served on Rakesh Khilnani on April 26, 2022. Service was made by UPS Overnight Mail. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 14 AFFIDAVIT OF SERVICE of Proposed Order to Show Cause along with the Supporting Papers and Commencement Papers served on Defendants Rakesh Khilnani and Global Opportunistic Investment, LLC on April 19, 2022. Service was made by UPS Overnight Mail. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 13 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief . Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 12 AFFIDAVIT of Stacey Gillespie in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Smith, Ivan) |
| Filing 11 AFFIDAVIT of Shilpa Konduri Mullan in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Smith, Ivan) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Rakesh Khilnani..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Global Opportunistic Investment, LLC..(pc) (Main Document 9 replaced on 4/19/2022) (pc). |
| Filing 8 AFFIRMATION of Ivan D. Smith in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Avestar Capital, LLC..(Smith, Ivan) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Avestar Capital, LLC for Global Capital Strategies II, LLC. Document filed by Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 4 CIVIL COVER SHEET filed..(Smith, Ivan) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Global Opportunistic Investment, LLC, re: #1 Complaint,. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Rakesh Khilnani, re: #1 Complaint,. Document filed by Avestar Capital, LLC, Global Capital Strategies II, LLC..(Smith, Ivan) |
| Filing 1 COMPLAINT against Rakesh Khilnani, Global Opportunistic Investment, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26029194)Document filed by Global Capital Strategies II, LLC, Avestar Capital, LLC. (Attachments: #1 Exhibit A).(Smith, Ivan) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
