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

1:26-mc-00007 | U.S. District Court for the District of Rhode Island

Filed Date: May 4, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) On May 4, 2026, Plaintiff filed this emergency motion to quash in the U.S. District Court for the District of Rhode Island, acting in her official capacity on behalf of children in the care or custody of the Rhode Island Department of Children, Youth & Families (DCYF). The motion challenged Administrative Subpoena 25-1431-032, which the U.S. Department of Justice (DOJ) served on Rhode Island Hospital on July 9, 2025, purportedly under 18 U…

(This summary is temporary while we research the case.)

On May 4, 2026, Plaintiff filed this emergency motion to quash in the U.S. District Court for the District of Rhode Island, acting in her official capacity on behalf of children in the care or custody of the Rhode Island Department of Children, Youth & Families (DCYF). The motion challenged Administrative Subpoena 25-1431-032, which the U.S. Department of Justice (DOJ) served on Rhode Island Hospital on July 9, 2025, purportedly under 18 U.S.C. § 3486. The subpoena commanded production of more than five years of sensitive medical records, including names, dates of birth, Social Security numbers, diagnoses, and informed consent forms, of minor patients who received gender-affirming medical care, including children in DCYF care or custody. Plaintiff, "The Child Advocate," alleged that the subpoena was not issued to investigate a legitimate federal health care offense, but rather served as part of a coordinated campaign by the Trump Administration to eliminate access to gender-affirming care, as evidenced by Attorney General Pam Bondi's April 22, 2025 memorandum titled "Preventing the Mutilation of American Children" and Executive Order 14187 issued January 28, 2025. The motion further alleged that on April 30, 2026, a federal court in the Northern District of Texas granted the DOJ's petition to enforce the subpoena without opposition and without notice to the Child Advocate, ordering production within 14 days, prompting the Child Advocate to seek expedited relief before May 13, 2026, on the grounds that enforcement would violate children's constitutional privacy rights, Rhode Island's Healthcare Provider Shield Law (R.I. Gen. Laws § 23-101), and established limits on federal administrative subpoena authority.

This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73290254/parties/in-re-motion-to-quash-administrative-subpoena-to-rhode-island-hospital/

Judge(s)

Expert/Monitor/Master/Other

Bianchi, Gil Alan (Rhode Island)

Bolan, Kevin (Rhode Island)

Deyoe, Sonja L. (Rhode Island)

Goldstein, Ross S. (Rhode Island)

Gradowski, Kathryn T. (Rhode Island)

Judge(s)

McElroy, Mary Susan (Rhode Island)

Other

Bianchi, Gil Alan (Rhode Island)

Bolan, Kevin (Rhode Island)

Deyoe, Sonja L. (Rhode Island)

Goldstein, Ross S. (Rhode Island)

Gradowski, Kathryn T. (Rhode Island)

Harvey, Julia (Rhode Island)

Hubbard, Kevin Love (Rhode Island)

Labinger, Lynette J. (Rhode Island)

Mayers, Brantley (Rhode Island)

Nakasian, Stacey P. (Rhode Island)

Rice, Sarah (Rhode Island)

Romero, Amy Retsinas (Rhode Island)

Runkle, Patrick (Rhode Island)

Smith, Nicole (Rhode Island)

Weizenbaum, Miriam (Rhode Island)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-mc-00007	Emergency Motion To Quash Subpoena Duces Tecum	May 4, 2026	May 4, 2026 Pleading / Motion / Brief

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73290254/in-re-motion-to-quash-administrative-subpoena-to-rhode-island-hospital/

Last updated May 11, 2026, 4:07 p.m.

ECF Number	Date	Description	Link
1	May 4, 2026	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) 1 Exhibit Exhibit 1 View on RECAP 2 Exhibit Exhibit 2 View on RECAP 3 Exhibit Exhibit 3 View on RECAP	Clearinghouse
2	May 4, 2026	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)	RECAP
3	May 4, 2026	NOTICE of Appearance by Lynette J. Labinger on behalf of Child Advocate for the State of Rhode Island (Labinger, Lynette) (Entered: 05/04/2026)	RECAP
4	May 4, 2026	NOTICE of Appearance by Amy Retsinas Romero on behalf of Child Advocate for the State of Rhode Island (Romero, Amy) (Entered: 05/04/2026)	RECAP
5	May 4, 2026	NOTICE by Child Advocate for the State of Rhode Island of Related Proceedings (Hubbard, Kevin) (Entered: 05/04/2026)	RECAP
	May 4, 2026	Order
	May 4, 2026	Order on Motion to Appear Pro Hac Vice
	May 4, 2026	Case Assigned/Reassigned
	May 4, 2026	Notice of Hearing on Motion
	May 4, 2026	Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Simoncelli, Michael)
	May 4, 2026	TEXT ORDER granting 2 Motion to Appear Pro Hac Vice of Kevin Love Hubbard. So Ordered by District Judge Mary S. McElroy on 5/4/2026. (Hill, Cherelle)
	May 4, 2026	TEXT ORDER: The Government shall respond to 1 Emergency MOTION to Quash on or before 5/7/2026 by 2:00 pm. So Ordered by District Judge Mary S. McElroy on 5/4/2026. (Potter, Carrie)
	May 4, 2026	NOTICE of Hearing on Motion 1 Emergency MOTION to Quash : Motion Hearing set for 5/12/2026 at 02:30 PM via Zoom before District Judge Mary S. McElroy. Zoom information to be emailed to counsel of record. The public is invited to view the hearing via the Court's YouTube channel. More information will be available on the Court's website www.rid.uscourts.gov. (Potter, Carrie)
6	May 5, 2026	NOTICE of Appearance by Ross S. Goldstein on behalf of United States of America (Goldstein, Ross) (Entered: 05/05/2026)	RECAP
7	May 7, 2026	NOTICE of Appearance by Patrick Runkle on behalf of United States of America (Runkle, Patrick) (Entered: 05/07/2026)	RECAP
8	May 7, 2026	MOTION to Stay or Transfer Venue filed by United States of America. Responses due by 5/21/2026. (Runkle, Patrick) (Entered: 05/07/2026)	RECAP
9	May 7, 2026	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) 1 Exhibit RIH Notice of Privacy Practices View on PACER	RECAP
	May 7, 2026	Notice of Hearing on Motion
	May 7, 2026	Order on Motion to Stay
	May 7, 2026	TEXT ORDER. The Government's Motion to Stay or Transfer Venue (ECF No. 8) is DENIED. When deciding whether to apply the first-to-file rule, courts must consider: "(1) which action was filed first; (2) the similarity of the parties; and (3) the similarity of the issues." Waithaka v. Amazon.com, Inc., 404 F. Supp. 3d 335, 350 (D. Mass. 2019), aff'd, 966 F.3d 10 (1st Cir. 2020). While the Texas enforcement action was filed first, the remaining factors are not satisfied. The parties are not similar: the Child Advocate was not a party to the Texas proceeding, had no notice of those proceedings, and had no opportunity to be heard there. Rhode Island Hospital, the only party before the Texas court, is not a party here. The issues are not similar: the Texas court adjudicated the enforceability of the subpoena as between the government and Rhode Island Hospital; this Court is asked to adjudicate the independent constitutional privacy rights of minor patients who were never before any court. Those claims were neither raised nor considered in Texas and could not have been, as the affected parties were absent. The first-to-file rule does not apply. So Ordered by District Judge Mary S. McElroy on 5/7/2026. (Potter, Carrie)
	May 7, 2026	NOTICE of Hearing on Motion 1 Emergency MOTION to Quash. Motion Hearing reset for 5/12/2026 at 02:00 PM in Courtroom 2 before District Judge Mary S. McElroy. PLEASE NOTE THIS HEARING WILL NOW TAKE PLACE IN PERSON. The public may view the hearing via the Court's YouTube channel. Please visit rid.uscourts.gov for additional information. (Potter, Carrie)
10	May 8, 2026	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) 1 Proposed States' Amicus Brief View on RECAP	RECAP
11	May 8, 2026	MOTION for Nina Monfredo to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2276886 ) filed by National Center for Youth Law. (Smith, Nicole) (Entered: 05/08/2026)	RECAP
12	May 8, 2026	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) 1 Exhibit 1 View on RECAP	RECAP
13	May 9, 2026	Amicus Curiae APPEARANCE entered by Sonja L. Deyoe on behalf of LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/09/2026)	RECAP
14	May 9, 2026	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)	RECAP
15	May 9, 2026	AMICUS BRIEF by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) (Entered: 05/09/2026)	RECAP
16	May 9, 2026	NOTICE of Appearance by Stacey P. Nakasian on behalf of Rhode Island Hospital (Nakasian, Stacey) (Entered: 05/09/2026)	RECAP
17	May 9, 2026	MOTION to Intervene filed by Rhode Island Hospital. Responses due by 5/26/2026. (Attachments: # 1 Exhibit 1)(Nakasian, Stacey) (Entered: 05/09/2026) 1 Exhibit 1 View on PACER	RECAP
18	May 9, 2026	MOTION for Eric G. Olshan to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277072 ) filed by Rhode Island Hospital. (Nakasian, Stacey) (Entered: 05/09/2026)	RECAP
19	May 9, 2026	MOTION for Kathryn M. Barber to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277073 ) filed by Rhode Island Hospital. (Nakasian, Stacey) (Entered: 05/10/2026)	RECAP
20	May 10, 2026	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) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on RECAP 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on RECAP 14 Exhibit 14 View on PACER	RECAP
21	May 10, 2026	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)	RECAP
22	May 10, 2026	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)	RECAP
23	May 11, 2026	MOTION for Karen Loewy to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2277289 ) filed by LAMBDA Legal Defense and Education Fund, Inc.. (Attachments: # 1 Exhibit A)(Deyoe, Sonja) (Entered: 05/11/2026)	RECAP
24	May 11, 2026	MOTION for Leave to File Amicus Brief filed by National Center for Youth Law. Responses due by 5/26/2026. (Attachments: # 1 Supporting Memorandum)(Bianchi, Gil) (Entered: 05/11/2026) 1 Supporting Memorandum View on PACER	RECAP
25	May 11, 2026	NOTICE of Appearance by Gil Alan Bianchi, Jr on behalf of National Center for Youth Law (Bianchi, Gil) (Entered: 05/11/2026)	RECAP
26	May 11, 2026	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)	RECAP
27	May 11, 2026	NOTICE of Appearance by Brantley Mayers on behalf of United States of America (Mayers, Brantley) (Entered: 05/11/2026)	RECAP
28	May 11, 2026	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) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER	RECAP
29	May 11, 2026	AMICUS BRIEF by National Center for LGBTQ Rights and National Center for Youth Law. (Potter, Carrie) (Entered: 05/11/2026)	RECAP
	May 11, 2026	Order on Motion for Miscellaneous Relief
	May 11, 2026	Order on Motion for Leave to File Amicus Brief
	May 11, 2026	Order on Motion to Appear Pro Hac Vice
	May 11, 2026	Order on Motion to Intervene AND Order on Motion to Intervene
	May 11, 2026	Order
	May 11, 2026	TEXT ORDER granting 10 Motion for Leave to File Amicus Brief. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 14 MOTION Leave to file Amicus - unopposed . So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 17 Motion to Intervene; granting 20 Motion to Intervene. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 24 Motion for Leave to File Amicus Brief. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 11 Motion to Appear Pro Hac Vice of Nina Monfredo. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 18 Motion to Appear Pro Hac Vice of Eric G. Olshan. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 19 Motion to Appear Pro Hac Vice of Kathryn M. Barber. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 21 Motion to Appear Pro Hac Vice of A.D. Sean Lewis. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 22 Motion to Appear Pro Hac Vice of Omar Gonzalez-Pagan. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER granting 23 Motion to Appear Pro Hac Vice of Karen Loewy. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
	May 11, 2026	TEXT ORDER. The Respondent is directed to provide to this Court the Hsiao Declaration and all other information provided to the Court in the Northern District of Texas to support its choice to enforce the subpoena in that Court. The information may be provided ex parte due to the sensitive nature of the information and must be provided by 5:00 p.m. today. The documents are to be produced by sending an email to carrie_potter@rid.uscourts.gov. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)

show / hide docket entries

Case Details

State / Territory:

Rhode Island

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Transgender Rights

Key Dates

Filing Date: May 4, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

District of Rhode Island 1:26-mc-00007

Available Documents:

Complaint (any)

Trial Court Docket

Recommended Citation

Case Summary of In Re: Motion to Quash Administrative Subpoena to Rhode Island Hospital, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/48138/.