Nathan Young v. Burton W. Wiand, As Receiver for Oasis International Group Ltd., Oasis Management, LLC and Satellite Holdings Company
FifthAmendment JusticiabilityDoctri
Does a sole member and shareholder of a nonparty LLC, who specially appeared in the lower court proceedings, have standing to appeal a federal receiver's subpoena which requests the sole member's personal emails and text messages, and where the court lacked jurisdiction over both the LLC and its sole member?
Both Petitioner and the LLC of which he is sole member are non-parties to a case in a sister State. Respondent Receiver served a subpoena on the LLC requesting personal communications, but filed after the federalreceivership case was closed, and failed to comply with federal law, rendering the trial court without in personam jurisdiction to enforce the subpoena. Petitioner claims standing to appeal this jurisdictional matter where he can establish a personal right or privilege in the documents the subpoena requests he produce. QUESTION: Does a sole member and shareholder of a nonparty LLC, who specially appeared in the lower court proceedings, have standing to appeal a federal receiver ’s subpoena which requests the sole member ’s personal emails and text messages, and where the court lacked jurisdiction over both the LLC and its sole member? —11 —