Where does this opinion come from that the FDIC is not obligated to comply with a subpoena?
The examiner has been granted the power to subpoena as an officer of the court.
The party receiving the subpoena can file an objection, but of the Judge does not sustain the objection then the party must comply or be subject to being held in contempt of the court.
There are no 'special' rules that make FDIC immune to this process.
THJMW has already indicated that she expects the full cooperation of all parties involved, so I do not think she would look to kindly on the FDIC continuing to refuse to release information that directly pertains to this case.