QED LLC v. Faber Daeufer & Itrato, P.C.
- Valerie Caproni
- 1:20-cv-02767
- U.S. District Court · Southern District of New York
- 18
In QED v. Faber Daeufer & Itrato, Judge Caproni granted QED permission to serve Richard Keiser’s subpoena by certified mail and email to his counsel.
QED, LLC may serve its subpoena on non-party Richard Keiser by certified mail with a return receipt and by email to his counsel. The order concerns service of the subpoena and does not resolve the underlying claims.
What happened
QED, LLC asked the court in QED, LLC v. Faber Daeufer & Itrato, P.C. for permission to serve a document subpoena on non-party Richard Keiser, whom QED described as important to the case involving Level Solar, Inc. QED said Keiser was a former Level Solar executive and that personal service had repeatedly failed.
QED also said lawyers representing Keiser in the Level Solar bankruptcy case had not agreed to accept service. After unsuccessful attempts at Keiser’s last known New York City address and through his lawyers, QED requested permission to send the subpoena by certified mail with a return receipt and to email a copy to Keiser’s counsel.
Judge Valerie Caproni granted the request. The order allows QED to serve the subpoena by certified mail, with a return receipt requested, and by email to Keiser’s counsel.
The detailed version
- QED LLC v. Faber Daeufer & Itrato, P.C. · No. 1:20-cv-02767
- Valerie Caproni
- Sept. 22, 2020
Background
QED, LLC is a plaintiff in an action against Faber Daeufer & Itrato, P.C., Kenneth Itrato, and David Nicolaisen. The filing also identifies Ronald J. Friedman as a plaintiff solely in his capacity as Chapter 11 trustee of Level Solar, Inc. QED sought to serve a subpoena for documents on non-party Richard Keiser.
QED’s filing described Keiser as Level Solar’s former chief executive officer and co-director. QED alleged that Keiser conspired with the defendants to alter an investors’ rights agreement, later mismanaged and looted Level Solar, and contributed to the company’s bankruptcy. Those allegations were presented as the reason Keiser was a key witness in the case; the order did not decide whether those allegations were true.
Requested service method
QED said it had tried to serve Keiser personally three times at his last known address in New York City, on or about August 12, August 18, and August 19, 2020. According to the process server, a doorman said Keiser had not lived there since the beginning of the COVID-19 pandemic in early March. QED also contacted John Jureller and Joseph Matteo, lawyers identified as representing Keiser in the Level Solar bankruptcy case, about accepting service, but said it received no response after follow-ups.
QED asked to serve an updated subpoena by certified mail, with a return receipt requested, and to send a copy by email to Keiser’s counsel. The subpoena sought documents concerning Elevate Solar and Level Solar, communications and records involving the defendants, financial and accounting records, and certain attorney relationships and retention information.
Ruling
The court’s order states: “GRANTED. Plaintiff may serve” the subpoena by certified mail, with a return receipt, and by email to Mr. Keiser’s counsel. Judge Valerie Caproni therefore authorized the alternative service method requested by QED. The order addressed how the subpoena could be served; it did not resolve the underlying claims or determine whether Keiser must ultimately produce any particular document.
Read the full 18-page opinion on CourtListener, the free public archive maintained by the Free Law Project.