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

Court documents in the archive for this case, each with the description the archive holds and a link to the original where there is one. Documents are listed by docket entry; an attachment sits under its entry, marked with the entry number and its own number (12-3 is the third attachment to entry 12). 62 documents.

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38MEMORANDUM 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 Order24View here · Original(opens another site)PDF, external
39JUDGMENT 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)Judgment1View here · Original(opens another site)PDF, external
40TRANSCRIPT 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 Order2View here · Original(opens another site)PDF, external
40-1Email1View here · Original(opens another site)PDF, external
41Emergency 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 Clarify4View here · Original(opens another site)PDF, external
42TRANSCRIPT 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 Acknowledgment2View here · Original(opens another site)PDF, external
43NOTICE 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 Appeal2View here · Original(opens another site)PDF, external
44MEMORANDUM 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 Order24View here · Original(opens another site)PDF, external
46NOTICE 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 Appeal2View here · Original(opens another site)PDF, external
48MOTION 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 Vice2View here · Original(opens another site)PDF, external
52-1filing17View here · Original(opens another site)PDF, external
53ORDER 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 Circuit6View here · Original(opens another site)PDF, external