In Re: Motion to Quash Administrative Subpoena to Rhode Island Hospital
| Child Advocate for the State of Rhode Island |
| United States of America |
| State of Rhode Island, National Center for Youth Law, LAMBDA Legal Defense and Education Fund, Inc., National Center for LGBTQ Rights, Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Vermont, State of Washington and State of Wisconsin |
| Rhode Island Hospital |
| 1:2026mc00007 |
| May 4, 2026 |
| U.S. District Court for the District of Rhode Island |
| Providence Office |
| Mary S McElroy |
| Amy E Moses |
| Other |
| no cause specified |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
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TEXT ORDER. Because of the representations made to this Court by the respondents' attorneys, as well as the findings of the Court in its order of May 14, 2026, this matter is referred for further proceedings under R.I. Dist. Ct. Local Rule 210(b). So Ordered by District Judge Mary S. McElroy on 6/5/2026. (Potter, Carrie)
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| Filing 54 TRANSCRIPT of Motion to Quash, held on May 12, 2026, before District Judge Mary S. McElroy. Court Reporter Denise P. Veitch, Telephone number (401)752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 6/11/2026. Redacted Transcript Deadline set for 6/22/2026. Release of Transcript Restriction set for 8/19/2026. (Veitch, Denise) (Main Document 54 replaced on 5/28/2026) (Potter, Carrie). |
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Filing 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)
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| Filing 52 Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. #46 Notice of Appeal. (Attachments: #1 ROA)(Potter, Carrie) |
| Filing 51 MOTION for Allyson Slater to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281557 ) filed by State of Rhode Island. (Harvey, Julia) |
| Filing 50 MOTION for Jak Kundl to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281556 ) filed by State of Rhode Island. (Harvey, Julia) |
| Filing 49 MOTION for Morgan Carmen to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2281554 ) filed by State of Rhode Island. (Harvey, Julia) |
| Filing 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) |
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TEXT ORDER granting #48 Motion to Appear Pro Hac Vice of Adam M Cambier ; granting #49 Motion to Appear Pro Hac Vice of Morgan Carmen, ; granting #50 Motion to Appear Pro Hac Vice of Jak Kundl ; granting #51 Motion to Appear Pro Hac Vice of Allyson Slater. So Ordered by District Judge Mary S. McElroy on 5/19/2026. (Potter, Carrie)
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| Filing 47 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #46 Notice of Appeal,,. (Attachments: #1 Record on Appeal)(Hill, Cherelle) |
| Filing 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) |
| Filing 45 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b) re: #43 Notice of Appeal. Documents Sent: 38, 39. (Attachments: #1 Record on Appeal) (Gonzalez Gomez, Viviana) |
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Filing 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)
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| Filing 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) |
| Filing 42 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #37 Transcript Order, #40 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) |
| Filing 41 Emergency MOTION to Clarify #38 Memorandum and Order,,,,,, filed by Rhode Island Hospital. Responses due by 5/28/2026. (Nakasian, Stacey) |
| Filing 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) |
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TEXT ORDER: Rhode Island Hospital's Emergency Motion to Clarify (ECF No. #41 ) is GRANTED IN PART. The Court issues an amended memorandum and order under a separate docket entry. So Ordered by District Judge Mary S. McElroy on 5/14/2026. (Potter, Carrie)
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| USCA Case Number 26-1568 for #43 Notice of Appeal, filed by United States of America. (Gonzalez Gomez, Viviana) |
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Filing 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)
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Filing 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)
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| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 33 TRANSCRIPT ORDER for proceedings held on 5/12/2026 before Judge Mary S. McElroy. Realtime Transcript selected. (Attachments: #1 Email) (Gonzalez Gomez, Viviana) |
| Filing 32 NOTICE by United States of America (Attachments: #1 Gunn Declaration)(Mayers, Brantley) |
| Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 5/12/2026 : K. Love Hubbard, A. Romero, L. Labinger, B. Mayers, J. Campbell, E. Olshan and S. Nakasian. Arguments heard from Child Advocate of RI (Love Hubbard), Rhode Island Hospital (Olshan) and USA (B. Mayers). Court questions; counsel responds. Oral Motion to Renew Transfer of Venue. Denied for reasons previously stated. DOJ to provide copy of sealed affidavit to opposing counsel with redactions, Affidavit of Mr. Gunn and notice about when the grand jury was convened in the Northern District of Texas by 9:00 am on 5/13/2026. Order to issue. (Court Reporter D. Veitch in Courtroom 1 at 2:00 pm.) (Potter, Carrie) |
| Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 5/12/2026 re: In Camera Documents. J. Campbell, B. Mayers and L. Zurier in attendance. (Historic Library at 1:40 pm.) (Potter, Carrie) |
| Filing 31 NOTICE of Appearance by Jordan Campbell on behalf of United States of America (Campbell, Jordan) |
| Filing 30 NOTICE by United States of America of Supplemental Authority (Attachments: #1 Exhibit Opinion and Order)(Goldstein, Ross) |
| Filing 29 AMICUS BRIEF by National Center for LGBTQ Rights and National Center for Youth Law. (Potter, Carrie) |
| Filing 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) |
| Filing 27 NOTICE of Appearance by Brantley Mayers on behalf of United States of America (Mayers, Brantley) |
| Filing 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) |
| Filing 25 NOTICE of Appearance by Gil Alan Bianchi, Jr on behalf of National Center for Youth Law (Bianchi, Gil) |
| Filing 24 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) |
| Filing 23 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) |
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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)
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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)
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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 [email protected]. So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
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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)
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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)
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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)
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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)
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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)
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TEXT ORDER granting #14 MOTION Leave to file Amicus - unopposed . So Ordered by District Judge Mary S. McElroy on 5/11/2026. (Potter, Carrie)
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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)
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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)
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| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 19 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) |
| Filing 18 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) |
| Filing 17 MOTION to Intervene filed by Rhode Island Hospital. Responses due by 5/26/2026. (Attachments: #1 Exhibit 1)(Nakasian, Stacey) |
| Filing 16 NOTICE of Appearance by Stacey P. Nakasian on behalf of Rhode Island Hospital (Nakasian, Stacey) |
| Filing 15 AMICUS BRIEF by LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) |
| Filing 14 MOTION Leave to file Amicus - unopposed filed by LAMBDA Legal Defense and Education Fund, Inc.. Responses due by 5/26/2026. (Deyoe, Sonja) |
| Filing 13 Amicus Curiae APPEARANCE entered by Sonja L. Deyoe on behalf of LAMBDA Legal Defense and Education Fund, Inc.. (Deyoe, Sonja) |
| Filing 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) |
| Filing 11 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) |
| Filing 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) |
| Filing 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) |
| Filing 8 MOTION to Stay or Transfer Venue filed by United States of America. Responses due by 5/21/2026. (Runkle, Patrick) |
| Filing 7 NOTICE of Appearance by Patrick Runkle on behalf of United States of America (Runkle, Patrick) |
| 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) |
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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)
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| Filing 6 NOTICE of Appearance by Ross S. Goldstein on behalf of United States of America (Goldstein, Ross) |
| Filing 5 NOTICE by Child Advocate for the State of Rhode Island of Related Proceedings (Hubbard, Kevin) |
| Filing 4 NOTICE of Appearance by Amy Retsinas Romero on behalf of Child Advocate for the State of Rhode Island (Romero, Amy) |
| Filing 3 NOTICE of Appearance by Lynette J. Labinger on behalf of Child Advocate for the State of Rhode Island (Labinger, Lynette) |
| Filing 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) |
| Filing 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) |
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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)
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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)
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| 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) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Simoncelli, Michael) |
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