Stonegardens Advisory LLC v. DeepMedia.A.I.

Background

Stonegardens Advisory LLC asked for permission to serve deposition subpoenas on two non-party former Deep Media employees, Nikesh Kalra and Ivan Gallo, by methods other than personal delivery. The request cited Federal Rule of Civil Procedure 45 and stated that prior efforts at personal service had been unsuccessful or were likely to remain unsuccessful.

According to the request, Kalra had been Deep Media’s Chief Business Officer through September 2024 and had information about Stonegardens’s services, the parties’ communications, and the reasons Deep Media terminated Stonegardens. Stonegardens said Deep Media had identified Kalra as having information about its business with Stonegardens through September 2024.

Stonegardens said its process server made six attempts to deliver Kalra’s subpoena at a private residence in Danville, California. On two occasions, a woman who appeared to be a person of suitable age and discretion said Kalra was not home and confirmed that he lived there. Stonegardens asked to leave the subpoena with a suitable person or affix it to the door, followed by overnight mail and email to an address provided by Deep Media.

The request described Gallo as Deep Media’s Vice President of Finance and Operations through sometime after July 2024 and said he had information about Stonegardens’s services, related communications, and Deep Media’s finances. Stonegardens said the address Deep Media provided for Gallo was outdated, a possible newer address was a large apartment complex without an occupant directory, and Deep Media had provided an email address associated with Gallo’s consulting company. Stonegardens therefore asked to serve Gallo by email.

Requested relief

Stonegardens also asked for permission to consent to any request by Kalra for additional time to respond to his subpoena. It argued that neither former employee would be unfairly harmed because, after receiving a subpoena, either witness could object to appearing or challenge the subpoena or the method of service.

Court’s action

The court did not announce a ruling granting or denying the requested alternative service in the provided text. Instead, Judge Paul A. Engelmayer directed the parties to meet and confer about the concerns raised by Stonegardens and then file a status update on the docket by 3 p.m. on Monday, May 12, 2025.