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In Re: Motion to Quash Administrative Subpoena to Rhode Island Hospital

2026
Cite as In re Motion to Quash Admin. Subpoena to R.I. Hosp., No. 1:26-mc-00007 (D.R.I. filed May 4, 2026)

Docket

No. 1:26-mc-00007
Assigned to
Mary S. McElroy
Referred to
Amy E. Moses
Cause
no cause specified
Date filed
2026-05-04
Last filing
2026-06-05
Terminated
2026-05-13

Proceedings

62 documents
In re Motion to Quash Admin. Subpoena to R.I. Hosp., No. 1:26-mc-00007 (D.R.I. filed May 4, 2026)

Timeline

  • 2026-05-04 Filed: No. 1:26-mc-00007
  • 2026-05-13 Closed: No. 1:26-mc-00007

Filings on file (62 in 37 docket entries)

Filings on file
DateNo.DocumentTypePagesSource
2026-05-04 1 Emergency MOTION to Quash - New Case ( filing fee paid $ 52.00, receipt number ARIDC-2273580 ), filed by Child Advocate for the State of Rhode Island. Responses due by 5/18/2026. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Weizenbaum, Miriam) (Entered: 05/04/2026) Motion to Quash - New Case 47 PDF CL
1-1 Exhibit Exhibit 1 Exhibit Exhibit 2 PDF CL
1-2 Exhibit Exhibit 2 Exhibit Exhibit 27 PDF CL
1-3 Exhibit Exhibit 3 Exhibit Exhibit 19 PDF CL
2026-05-04 2 MOTION for Kevin Love Hubbard to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2273657 ) filed by Child Advocate for the State of Rhode Island. (Weizenbaum, Miriam) (Entered: 05/04/2026) Motion to Appear Pro Hac Vice 2 PDF CL
2026-05-04 3 NOTICE of Appearance by Lynette J. Labinger on behalf of Child Advocate for the State of Rhode Island (Labinger, Lynette) (Entered: 05/04/2026) Notice of Appearance 1 PDF CL
2026-05-04 4 NOTICE of Appearance by Amy Retsinas Romero on behalf of Child Advocate for the State of Rhode Island (Romero, Amy) (Entered: 05/04/2026) Notice of Appearance 1 PDF CL
2026-05-04 5 NOTICE by Child Advocate for the State of Rhode Island of Related Proceedings (Hubbard, Kevin) (Entered: 05/04/2026) Notice (Other) 3 PDF CL
2026-05-07 8 MOTION to Stay or Transfer Venue filed by United States of America. Responses due by 5/21/2026. (Runkle, Patrick) (Entered: 05/07/2026) Motion to Stay 6 PDF CL
2026-05-07 9 RESPONSE In Opposition to 1 Emergency MOTION to Quash - New Case ( filing fee paid $ 52.00, receipt number ARIDC-2273580 ) filed by United States of America. Replies due by 5/14/2026. (Attachments: # 1 Exhibit RIH Notice of Privacy Practices)(Goldstein, Ross) (Entered: 05/07/2026) Response to Motion 35 PDF CL
2026-05-08 10 Consent MOTION for Leave to File Amicus Brief of Rhode Island, Massachusetts, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, and Wisconsin filed by State of Rhode Island. Responses due by 5/22/2026. (Attachments: # 1 Proposed States' Amicus Brief)(Rice, Sarah) (Entered: 05/08/2026) Motion for Leave to File Amicus Brief 3 PDF CL
10-1 Proposed States' Amicus Brief 24 PDF CL
2026-05-08 12 REPLY to Response re 9 Response to Motion, filed by Child Advocate for the State of Rhode Island. (Attachments: # 1 Exhibit 1)(Hubbard, Kevin) (Entered: 05/08/2026) Reply to Response 30 PDF CL
12-1 Exhibit 1 Exhibit 21 PDF CL
2026-05-09 14 MOTION Leave to file Amicus - unopposed filed by LAMBDA Legal Defense and Education Fund, Inc.. Responses due by 5/26/2026. (Deyoe, Sonja) (Entered: 05/09/2026) Motion for Miscellaneous Relief 5 PDF CL
2026-05-09 15 AMICUS BRIEF by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/09/2026) Amicus Brief 39 PDF CL
2026-05-10 20 MOTION to Intervene (Corrected Filing to add exhibits) filed by Rhode Island Hospital. Responses due by 5/26/2026. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Nakasian, Stacey) (Entered: 05/10/2026) Motion to Intervene 8 PDF CL
20-1 Exhibit 1 Exhibit 31 PDF CL
20-8 Exhibit 8 Exhibit 19 PDF CL
20-13 Exhibit 13 Exhibit 2 PDF CL
2026-05-10 21 MOTION for A.D. Sean Lewis to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277083 ) filed by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/10/2026) Motion to Appear Pro Hac Vice 2 PDF CL
2026-05-10 22 MOTION for Omar Gonzalez-Pagan to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277089 ) filed by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/10/2026) Motion to Appear Pro Hac Vice 3 PDF CL
2026-05-1124Main document not on file
24-1 Supporting Memorandum 26 PDF CL
2026-05-11 26 AMICUS BRIEF by State of RHODE ISLAND, MASSACHUSETTS, ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, THE DISTRICT OF COLUMBIA, ILLINOIS, MAINE, MARYLAND, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, VERMONT, WASHINGTON, AND WISCONSIN (Potter, Carrie) (Entered: 05/11/2026) Amicus Brief 24 PDF CL
2026-05-11 28 Emergency MOTION to Quash Subpoena Duces Tecum filed by Rhode Island Hospital. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Potter, Carrie) (Entered: 05/11/2026) Motion to Quash 31 PDF CL
28-1 Exhibit 3 PDF CL
28-2 Exhibit 73 PDF CL
28-3 Exhibit 3 PDF CL
28-4 Exhibit 4 PDF CL
28-5 Exhibit 45 PDF CL
28-6 Exhibit 2 PDF CL
28-7 Exhibit 19 PDF CL
28-8 Exhibit 4 PDF CL
28-9 Exhibit 4 PDF CL
28-10 Exhibit 5 PDF CL
28-11 Exhibit 3 PDF CL
28-12 Exhibit 2 PDF CL
28-13 Exhibit 71 PDF CL
2026-05-11 29 AMICUS BRIEF by National Center for LGBTQ Rights and National Center for Youth Law. (Potter, Carrie) (Entered: 05/11/2026) Amicus Brief 26 PDF CL
2026-05-11 30 NOTICE by United States of America of Supplemental Authority (Attachments: # 1 Exhibit Opinion and Order)(Goldstein, Ross) (Entered: 05/11/2026) Notice (Other) 4 PDF CL
30-1 Exhibit Opinion and Order 10 PDF CL
2026-05-11 31 NOTICE of Appearance by Jordan Campbell on behalf of United States of America (Campbell, Jordan) (Entered: 05/11/2026) Notice of Appearance 1 PDF CL
2026-05-13 32 NOTICE by United States of America (Attachments: # 1 Gunn Declaration)(Mayers, Brantley) (Entered: 05/13/2026) Notice (Other) 2 PDF CL
32-1 Gunn Declaration 2 PDF CL
2026-05-13 33 TRANSCRIPT ORDER for proceedings held on 5/12/2026 before Judge Mary S. McElroy. Realtime Transcript selected. (Attachments: # 1 Email) (Gonzalez Gomez, Viviana) (Entered: 05/13/2026) Transcript Order 1 PDF CL
33-1 Email 1 PDF CL
2026-05-13 34 TRANSCRIPT ORDER for proceedings held on 5/12/2026 before Judge McEloy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Nakasian, Stacey) (Entered: 05/13/2026) Transcript Order 1 PDF CL
2026-05-13 35 TRANSCRIPT ORDER for proceedings held on 5/12/2026 before Judge McElroy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Mayers, Brantley) (Entered: 05/13/2026) Transcript Order 2 PDF CL
2026-05-13 36 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 34 Transcript Order, 33 Transcript Order, 35 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 05/13/2026) Transcript Order Acknowledgment 2 PDF CL
2026-05-13 37 TRANSCRIPT ORDER for proceedings held on 05/12/2026 before Judge Mary S. McElroy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Weizenbaum, Miriam) (Entered: 05/13/2026) Transcript Order 2 PDF CL
2026-05-13 38 MEMORANDUM AND ORDER : The Court's decision is based solely on its application of the law to the administrative subpoena at issue here. But the discrepancy between the honorable conduct expected of federal prosecutors and DOJs tactics in this case is unsettling. The Court cannot help but share the sentiment that "[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its wordwith little doubt about its intentions and stated purposesno longer holds." United States v. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It is regrettable that this is now the case.The Emergency Motions to Quash (ECF Nos. 1 & 28 ) are GRANTED. In granting these Motions, this Court quashes the administrative subpoenathe instrument issued by the DOJnot the enforcement order entered by the Texas court. What this Court holds is that the subpoena itself lacks a congressionally authorized purpose, was issued for an improper purpose, and demands the production of records that cannot be obtained consistent with the constitutional privacy rights of Rhode Island children. Those are independent grounds for quashal of the subpoena that this Court has authority to adjudicate.In addition, the DOJ is hereby ENJOINED from receiving, using, retaining, or disseminating any patient-identifying information or protected health information produced by RIH in response to Administrative Subpoena No. 25-1431-032, including all materials responsive to Requests 11 through 15 and any other materials that identify, or reasonably permit the identification of, Rhode Island's children. So Ordered by District Judge Mary S. McElroy on 5/13/2026. (CP) (Entered: 05/13/2026) Memorandum and Order 24 PDF CL
2026-05-13 39 JUDGMENT enters in accordance with the Memo and Order of 5/13/2026. So Ordered by District Judge Mary S. McElroy on 5/13/2026. CP) (Entered: 05/13/2026) Judgment 1 PDF CL
2026-05-14 40 TRANSCRIPT ORDER for proceedings held on 05/12/2026 - 05/12/2026 before Judge Mary S. McElroy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Attachments: # 1 Email)(Hill, Cherelle) (Entered: 05/14/2026) Transcript Order 2 PDF CL
40-1 Email 1 PDF CL
2026-05-14 41 Emergency MOTION to Clarify 38 Memorandum and Order,,,,,, filed by Rhode Island Hospital. Responses due by 5/28/2026. (Nakasian, Stacey) (Entered: 05/14/2026) Motion to Clarify 4 PDF CL
2026-05-14 42 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 37 Transcript Order, 40 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 05/14/2026) Transcript Order Acknowledgment 2 PDF CL
2026-05-14 43 NOTICE OF APPEAL by United States of America as to 38 Memorandum and Order, 39 Judgment (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/21/2026. (Mayers, Brantley) (Entered: 05/14/2026) Notice of Appeal 2 PDF CL
2026-05-14 44 MEMORANDUM AND ORDER : Ultimately, the Court's decision is based solely on its application of the law to the administrative subpoena at issue here. But the discrepancy between the honorable conduct expected of federal prosecutors and DOJ's tactics in this case is unsettling. The Court cannot help but share the sentiment that "[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its wordwith little doubt about its intentions and stated purposesno longer holds." United States v. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It is regrettable that this is now the case.The Emergency Motions to Quash (ECF Nos. 1 & 28 ) are GRANTED. In granting these Motions, this Court quashes the administrative subpoenathe instrument issued by DOJnot the enforcement order entered by the Texas court. What this Court holds is that the subpoena itself lacks a congressionally authorized purpose, was issued for an improper purpose, and demands the production of records that cannot be obtained consistent with the constitutional privacy rights of Rhode Island children. Those are independent grounds for quashal of the subpoena that this Court has authority to adjudicate.In addition, DOJ is hereby ENJOINED from seeking, receiving, using, retaining, or disseminating any patient-identifying information or protected health information produced by RIH in response to Administrative Subpoena No. 25-1431-032, including but not limited to all materials responsive to Requests 11 through 15 and any other materials that identify, or reasonably permit the identification of, Rhode Islands children. So Ordered by District Judge Mary S. McElroy on 5/14/2026. (Potter, Carrie) (Entered: 05/14/2026) Memorandum and Order 24 PDF CL
2026-05-14 46 NOTICE OF APPEAL by United States of America as to 44 Memorandum and Order,,,,,,, (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 5/21/2026. (Mayers, Brantley) (Entered: 05/14/2026) Notice of Appeal 2 PDF CL
2026-05-19 48 MOTION for Adam M. Cambier to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281529 ) filed by State of Rhode Island. (Harvey, Julia) (Entered: 05/19/2026) Motion to Appear Pro Hac Vice 2 PDF CL
2026-05-1952Main document not on file
52-1 filing 17 PDF CL
2026-05-20 53 ORDER of the U.S. Court of Appeals for the First Circuit entered as to 46 Notice of Appeal, filed by United States of America. ORDER entered by Gustavo A. Gelp, Appellate Judge; Lara E. Montecalvo, Appellate Judge and Joshua D. Dunlap, Appellate Judge: The Child Advocate's motion for an injunction pending appeal is DENIED. DUNLAP, Circuit Judge, concurring. [26-1568] (Gonzalez Gomez, Viviana) (Entered: 05/20/2026) Order of the U.S. Court of Appeals for the First Circuit 6 PDF CL