Some Madison Timber victims have received a subpoena or an email about a subpoena. The Receiver did not issue the subpoena. Baker Donelson and UPS issued the subpoena.
Baker Donelson and UPS issued the subpoena with the Court’s permission, after the Court overruled the Receiver’s objections. (Those rulings are here (Baker Donelson) and here (UPS).)
The Receiver is not permitted to respond to a subpoena on an individual victim’s behalf, and she cannot give an individual victim legal advice, but here is some information that she believes all victims should know:
1. All victims will get one: The Receiver anticipates that all victims will receive the same subpoena. This is what it looks like.
2. Service will vary: The Receiver offered to facilitate service to make things less stressful for victims, but Baker Donelson and UPS get to decide how they serve the subpoena on each victim. A subpoena is typically served by a process server. Some victims may receive an email or other communication from Baker Donelson or UPS about the subpoena first.
3. Do not ignore: Although issued by Baker Donelson and UPS, a subpoena is a court order and should not be ignored.
4. Respond promptly: Each victim must respond or object as he or she deems fit. The Receiver encourages all victims to do so promptly to avoid even more delays in the progress of these lawsuits.
5. Each subpoena has two parts: The first part is a request for documents. The second part is a questionnaire.
Many victims have already provided the requested documents to the Receiver. If so, they may sign and return the accompanying declaration.
Per court order, victims do not have to produce their communications with the Receiver.
6. Privacy: Per court order, Baker Donelson and UPS may not use any victim’s personal identifying information in any public filings. In other words, victims’ personal identifying information shall be treated as confidential. In addition, each victim may designate any response or material they provide to Baker Donelson and UPS as confidential.