Case: In Re: Subpoena No. 25-1431-014

2:25-mc-00039 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: July 8, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges a subpoena requiring the Children’s Hospital of Philadelphia (CHOP) to turn over records of minor patients who sought gender-affirming care. CHOP sued to limit the subpoena, arguing it would violate the privacy of vulnerable children. On January 20, 2025, President Trump signed Executive Order 14187, "Protecting Children from Chemical and Surgical Mutilation,” which attacked the practice of prescribing gender-affirming treatments, including cross-sex hormones and puberty bl…

This case challenges a subpoena requiring the Children’s Hospital of Philadelphia (CHOP) to turn over records of minor patients who sought gender-affirming care. CHOP sued to limit the subpoena, arguing it would violate the privacy of vulnerable children.

On January 20, 2025, President Trump signed Executive Order 14187, "Protecting Children from Chemical and Surgical Mutilation,” which attacked the practice of prescribing gender-affirming treatments, including cross-sex hormones and puberty blockers, to minor patients. This EO, and subsequent memorandum issued by Attorney General Pam Bondi, authorized the Department of Justice (DOJ) to investigate healthcare providers for allegedly false statements about the safety and efficacy of puberty blockers and hormonal medications and violations of laws against female genital mutilation. 

On June 12, 2025, the DOJ issued an administrative subpoena to CHOP, seeking documentation regarding their gender dysphoria treatment practices, including the personal health information of minor patients.

Subsequently, on July 8, 2025, the hospital sued in federal district court to block the subpoena, arguing that it should be limited to protect the privacy of the patients. The case was assigned to Judge Mark A. Kearney of the Eastern District of Pennsylvania. CHOP’s motion asks the Court to exclude requests to identify patients who were prescribed hormone therapy or puberty blockers and to describe the processes that led to their diagnoses, including information about their parents’ or guardians’ knowledge and informed consent. The hospital also moved for leave to file documents under seal, again arguing that public knowledge of the subpoena and lawsuit would harm the safety and privacy of their patients.

On July 9, 2025, the court stayed CHOP’s obligation to provide the contested information while the case proceeded. 

The case is ongoing.

 

Summary Authors

Taite Puhala (9/16/2025)

Related Cases

In Re: Administrative Subpoena No. 25-1431-014, Eastern District of Pennsylvania (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70918513/parties/in-re-subpoena-no-25-1431-014/


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Documents in the Clearinghouse

Document
1

2:25-mc-00039

Motion to Limit Subpoena

July 8, 2025

July 8, 2025

Pleading / Motion / Brief
4

2:25-mc-00039

Order

July 9, 2025

July 9, 2025

Order/Opinion
11

2:25-mc-00039

Order

July 25, 2025

July 25, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70918513/in-re-subpoena-no-25-1431-014/

Last updated Oct. 29, 2025, 1:37 a.m.

ECF Number Description Date Link Date / Link
1

Motion to Limit Subpoena filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA.(ldl) (Entered: 07/09/2025)

July 8, 2025

July 8, 2025

Clearinghouse
2

Opposed Motion for Leave to File Documents Under Seal filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA.(ldl) (Main Document 2 replaced on 7/9/2025) (ldl). (Entered: 07/09/2025)

July 8, 2025

July 8, 2025

RECAP
3

Filing fee: $ 52, receipt number 20030613 (ldl) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

PACER
4

ORDER THAT WE: 1. STAY THE CHILDRENS HOSPITAL OF PHILADELPHIAS OBLIGATION TO RESPOND TO THE CONTESTED PORTIONS OF THE SUBPOENA PENDING FURTHER ORDER; 2. DIRECT THE CHILDRENS HOSPITAL OF PHILADELPHIA TO PRESERVE ALL PRESENTLY WITHHELD SUBPOENAED INFORMATION PENDING FURTHER ORDER; 3. GRANT THE DEPARTMENT OF JUSTICE LEAVE TO RESPOND TO THE PENDING MOTION TO SEAL (ECF 2) ON OR BEFORE JULY 24, 2025, AND LEAVE TO RESPOND TO THE PENDING MOTION TO LIMIT (ECF 1) ON OR BEFORE AUGUST 4, 2025; 4. DIRECT COUNSEL FOR THE CHILDRENS HOSPITAL OF PENNSYLVANIA TO SERVE THIS ORDER VIA EMAIL UPON COUNSEL FOR THE DEPARTMENT OF JUSTICE NO LATER THAN JULY 10, 2025 AND FILE A CERTIFICATE OF SERVICE CONFIRMING COMPLIANCE NO LATER THAN JULY 11, 2025. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 7/9/25. 7/10/25 ENTERED AND COPIES E-MAILED.(ldl) (Entered: 07/10/2025)

July 9, 2025

July 9, 2025

Clearinghouse
5

Certificate of Service by THE CHILDRENS HOSPITAL OF PHILADELPHIA. (ldl) (Entered: 07/11/2025)

July 10, 2025

July 10, 2025

PACER
6

MOTION for Pro Hac Vice of Martine E. Cicconi (Fee Not Paid) filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA..(ldl) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
7

MOTION for Pro Hac Vice of Charles F. Connolly (Fee Not Paid) filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA..(ldl) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
8

MOTION for Pro Hac Vice of Raphael A. Prober (Fee Not Paid) filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA..(ldl) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
9

ORDER THAT THE 6, 7 AND 8 MOTIONS FOR PRO HAC VICE ARE GRANTED. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 7/14/25.7/14/25 ENTERED AND COPIES E-MAILED BY CHAMBERS.(ldl) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
10

Memorandum in Opposition re 2 MOTION to Seal filed by UNITED STATES OF AMERICA. (ldl) (Entered: 07/25/2025)

July 24, 2025

July 24, 2025

RECAP
11

ORDER THAT WE DIRECT THE CLERK OF COURT FORTHWITH UNSEAL RESPONDENTS MOTION FOR LEAVE TO SEAL (ECF 2), FILING FEE (ECF 3), OUR JULY 9, 2025 AND JULY 14, 2025 ORDERS (ECF 4, 9), CERTIFICATE OF SERVICE (ECF 5), MOTIONS FOR PRO HAC VICE (ECF 6, 7, 8), AND THE UNITED STATES OPPOSITION (ECF 10); DENY RESPONDENTS MOTION FOR LEAVE (ECF 2) TO FILE THE ENTIRETY OF ITS MOTION TO LIMIT (ECF 1) UNDER SEAL INCLUDING CAPTIONS, PUBLIC RECORDS, AND CASE CITATIONS WITHOUT A LINE-BY-LINE DEMONSTRATION OF PARTICULARIZED HARM IN PUBLIC ACCESS AND MINDFUL OF THE UNITED STATES OFFER TO MEET AND CONFER AS TO LIMIT THE REDACTIONS AND MEET THE PARTIES OBLIGATIONS1 OF PUBLIC ACCESS TO JUDICIAL DOCUMENTS BUT DIRECTING THE CLERK OF COURT SHALL MAINTAIN THE SEAL ON THE MOTION TO LIMIT AND ATTACHMENTS (ECF 1) UNTIL FURTHER ORDER; GRANT RESPONDENT, AFTER A MEANINGFUL MEET AND CONFER (NOT JUST EMAIL) WITH THE UNITED STATES, LEAVE TO SHOW CAUSE IN MEMORANDA NOT EXCEEDING TEN PAGES FILED ON OR BEFORE AUGUST 4, 2025 AS TO WHY WE SHOULD NOT LIFT THE SEAL ON THE MOTION (ECF1) INCLUDING BY IDENTIFYING PARTICULAR LINES OF ITS MOTION TO LIMIT SUBPOENA AND ATTACHMENTS (ECF 1) FOR WARRANTED REDACTION AND FULSOMELY DESCRIBING THE UNITED STATES POSITION AS TO THE PROPOSED REDACTIONS; AND, AMEND OUR JULY 9, 2025 ORDER (ECF 4) ONLY TO GRANT THE UNITED STATES LEAVE TO RESPOND TO THE MOTION TO LIMIT (ECF 1) BY NO LATER THAN AUGUST 11, 2025 SO AS TO AVOID FURTHER REVIEW OF PUBLIC ACCESS ISSUES IN ITS RESPONSE. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 7/25/25.7/25/25 ENTERED AND COPIES E-MAILED.(ldl) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

Clearinghouse
12

RESPONSE TO ORDER TO SHOW CAUSE by THE CHILDRENS HOSPITAL OF PHILADELPHIA. (MCMICHAEL, LAWRENCE) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

PACER
13

Response in Opposition to ECF 1 by UNITED STATES OF AMERICA. (GOLDSTEIN, ROSS) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

RECAP
14

ORDER THAT THE CLERK OF COURT SHALL FORTHWITH UNSEAL THE PENDING MOTION TO LIMIT (ECF 1 ) AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 8/4/2025. 8/4/2025 ENTERED AND COPIES E-MAILED.(sg) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

RECAP
15

MOTION for Leave to File Reply in Further Support of Motion to Modify [ECF 1] filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA.Certificate of Counsel, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MCMICHAEL, LAWRENCE) (Main Document 15 replaced on 8/6/2025) (nd). (Attachment 1 replaced on 8/6/2025) (nd). (Entered: 08/05/2025)

1 Text of Proposed Order

View on PACER

Aug. 5, 2025

Aug. 5, 2025

RECAP
16

ORDER THAT UPON CONSIDERING THE CHILDRENS HOSPITAL OF PHILADELPHIAS MOTION FOR LEAVE TO FILE A REPLY (ECF 15) IN SUPPORT OF ITS MOTION TO LIMIT (ECF 1), REPRESENTING THE UNITED STATES DOES NOT OPPOSE ITS MOTION, AND FINDING GOOD CAUSE BASED ON ITS REPRESENTATIONS INCLUDING CONSENTING TO A SURREPLY IF WARRANTED, IT IS ORDERED THE MOTION (ECF 15) IS GRANTED REQUIRING WE GRANT CHILDRENS HOSPITAL OF PHILADELPHIA LEAVE TO FILE A REPLY NOT EXCEEDING TEN PAGES AND LIMITED TO ISSUES NEWLY RAISED IN THE OPPOSITION (ECF 13) BY NO LATER THAN AUGUST 11, 2025 AND, ONLY IF WARRANTED, GRANT THE UNITED STATES LEAVE TO FILE A SURREPLY NOT EXCEEDING FIVE PAGES LIMITED TO ISSUES NEWLY RAISED IN THE REPLY BY NO LATER THAN AUGUST 15, 2025. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 8/5/2025.8/6/2025 ENTERED AND COPIES E-MAILED.(sg) (Entered: 08/06/2025)

Aug. 5, 2025

Aug. 5, 2025

RECAP
17

NOTICE of Appearance by Scott B Dahlquist on behalf of UNITED STATES OF AMERICA (Dahlquist, Scott) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
18

NOTICE of Appearance by TIMOTHY J. FORD on behalf of THE CHILDRENS HOSPITAL OF PHILADELPHIA with Certificate of Service(FORD, TIMOTHY) (Entered: 08/08/2025)

Aug. 8, 2025

Aug. 8, 2025

PACER
19

NOTICE of Appearance by NINA CARPINIELLO SPIZER on behalf of THE CHILDRENS HOSPITAL OF PHILADELPHIA with Certificate of Service(SPIZER, NINA) (Entered: 08/08/2025)

Aug. 8, 2025

Aug. 8, 2025

PACER
20

REPLY to Response to Motion re 1 MOTION TO LIMIT THE SUBPOENA DUCES TECUM ISSUED ON JUNE 12, 2025 with Certificate of Service filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA. (MCMICHAEL, LAWRENCE) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

RECAP
21

NOTICE of Appearance by PATRICK R. RUNKLE on behalf of UNITED STATES OF AMERICA (RUNKLE, PATRICK) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
22

ORDERED THAT THE UNITED STATES SHALL EMAIL JOINT LETTERS IN CAMERA TO CHAMBERS BY 9/3/2025 AND 9/24/2025 RESPRESENTING THE PARTIES PRESENT AND UPDATED UNDERSTANDING OF ANY OTHER CHALLENGES, APPRAISING US OF THE STATUS OF SUBPOENAS CONCERNING GENDER-RELATED CARE ISSUED BY THE UNITED STATES TO OTHER HEALTH CARE PROVIDERS, AND ATTACHING DOCKET SHEETS, ISSUED ORDERS, AND OPINIONS IN SUCH CHALLENGES TO DATE. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 8/20/2025. 8/20/2025 ENTERED AND COPIES E-MAILED.(sg) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

RECAP
23

ORDER THAT UPON CONSIDERING COUNSELS JOINT REQUEST FOR A TELEPHONIC STATUS CONFERENCE TO ADDRESS COMMON QUESTIONS ARISING FROM OUR AUGUST 20, 2025 ORDER (ECF 22), IT IS ORDERED WE WILL HOLD A TELEPHONIC CONFERENCE ON SEPTEMBER 2, 2025 AT 10:00 A.M. VIA ZOOMGOV. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 8/29/2025. 8/29/2025 ENTERED AND COPIES E-MAILED.(sg) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

RECAP
24

Minute Entry for proceedings held before DISTRICT JUDGE MARK A. KEARNEY TELEPHONE Status Conference held on 9/2/25. Court Reporter: ESR. (JL) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
25

ORDER THAT WE AMEND OUR 8/20/2025 ORDER TO CONFIRM: THE PARTIES ARE GRANTED LEAVE TO EMAIL THEIR FIRST IN CAMERA LETTER TO CHAMBERS BY NO LATER THAN 9/8/2025. ETC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 9/2/2025. 9/2/2025 ENTERED AND COPIES E-MAILED.(sg) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

RECAP
26

MOTION for Leave to File Supplemental Brief in Further Support of Motion to Modify [ECF 1] filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FORD, TIMOTHY) (Entered: 10/07/2025)

1

View on RECAP

2

View on RECAP

Oct. 7, 2025

Oct. 7, 2025

RECAP
27

ORDER, upon reviewing Respondent's representation the United States opposes (for undisclosed reasons) the Respondent's Motion 26 for leave to file supplemental memoranda to address allegedly different theories posited by the United States in No. 25-mc-54 which we are addressing in conjunction with this matter given overlapping arguments, in an effort to promptly address the pending subpoena while expecting experienced counsel for the United States will immediately advise by letter to Chambers of developments (including appeals) in other cases challenging the scope or validity of similar subpoenas consistent with their obligations under our August 20, 2025 Order 22, the United States is granted leave to respond to today's pending Motion for leave 26 in memoranda not exceeding five pages by no later than NOON on October 10, 2025 as to why we should not grant Respondent leave to provide the Court with more information mindful the United States will be granted leave to address substantive concerns with the Respondent's supplement if we grant Respondent leave. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON October 8, 2025. October 8, 2025 ENTERED AND COPIES MAILED AND E-MAILED.(KEARNEY, MARK) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

PACER

Set Motion and R&R Deadlines/Hearings

Oct. 8, 2025

Oct. 8, 2025

PACER

MDL 1203 Standing Order AND Order

Oct. 8, 2025

Oct. 8, 2025

PACER

Set/Reset Deadlines as to 26 MOTION for Leave to File Supplemental Brief in Further Support of Motion to Modify [ECF 1]. RESPONSES DUE BY NOON ON 10/10/2025. (uh)

Oct. 8, 2025

Oct. 8, 2025

PACER
28

RESPONSE to Motion re 26 MOTION for Leave to File Supplemental Brief in Further Support of Motion to Modify [ECF 1] filed by UNITED STATES OF AMERICA. (GOLDSTEIN, ROSS) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

RECAP
29

ORDER THAT WE GRANT RESPONDENTS MOTION FOR LEAVE TO FILE A SUPPLEMENTAL MEMORANDA BY NO LATER THAN 10/15/2025 WITH LEAVE FOR THE UNITED STATES TO RESPOND IN MEMORANDA FILED NO LATER THAN 10/24/2025. WE AMEND OUR 8/20/2025 AND 9/2/2025 ORDERS CONSISTENT WITH OUR DIRECTION IN THE 10/8/2025 ORDER ONLY TO REQUIRE THE UNITED STATES EMAIL FULSOME IN CAMERA UPDATES OF DEVELOPMENTS TO CHAMBERS ON 10/14/2025 AND 10/27/2025 AND EVERY SEVEN DAYS THEREAFTER UNTIL FURTHER ORDER. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 10/9/2025. 10/10/2025 ENTERED AND COPIES E-MAILED.(sg) (Entered: 10/10/2025)

Oct. 9, 2025

Oct. 9, 2025

RECAP
30

Consent MOTION for Leave to File Supplemental Brief In Further Support Of Motion To Modify filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MCMICHAEL, LAWRENCE) (Entered: 10/10/2025)

1 Text of Proposed Order

View on PACER

Oct. 10, 2025

Oct. 10, 2025

RECAP
31

ORDER, upon showing good cause, GRANTING 30 uncontested MOTION to amend our October 10, 2025 Order 29 only to allow Respondent leave to file the supplemental memorandum by no later than October 20, 2025 and allowing United States leave to respond by no later than November 3,2025 with affecting the remaining obligations of our October 10, 2025 Order 29 . SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON October 10, 2025. October 10, 2025 ENTERED AND COPIES MAILED AND E-MAILED. (KEARNEY, MARK) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

PACER
32

ORDER amending October 10, 2025 Order 31 granting the parties' uncontested Motion 30 only to clarify we are NOT altering the parties' remaining obligations under our October 10, 2025 Order 29 . SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON October 10,2025. October 10, 2025 ENTERED AND COPIES MAILED AND E-MAILED.(KEARNEY, MARK) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

PACER

Order

Oct. 10, 2025

Oct. 10, 2025

PACER

Order on Motion for Leave to File

Oct. 10, 2025

Oct. 10, 2025

PACER
33

Supplemental Brief in Support re 1 MOTION to Limit the Subpoena Duces Tecum Issued on June 12, 2025 filed by THE CHILDRENS HOSPITAL OF PHILADELPHIA. (MCMICHAEL, LAWRENCE) Modified on 10/21/2025 (ldl). (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

RECAP
34

MOTION to File Amicus Brief filed by JOSH SHAPIRO.Brief. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(THOMSON, AIMEE) (Entered: 10/27/2025)

1

View on RECAP

2

View on RECAP

Oct. 27, 2025

Oct. 27, 2025

RECAP
35

ORDER THATCOMMONWEALTH GOVERNONR'S ALONG WITH OTHER STATES' MOTION FOR LEAVE TO FILE AMICUS BRIEF IS GRANTED. WE DIRECT THE CLERK OF COURT FORTHWITH FILE THE AMICUS BRIEF, AND GRANT THE UNITED STATES LEAVE TO RESPOND TO THE AMICUS BRIEF COMPLAINT WITH OUR POLICIES AS WARRANTED ON OR BEFORE 11/4/2025. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 10/28/2025.10/28/2025 ENTERED AND COPIES E-MAILED.(sg) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

PACER
36

BRIEF OF GOVERNOR JOSH SHAPIRO, MASSACHUSETTS, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, THE DISTRICT OF COLUMBIA, ILLINOIS, MARLAND, MINNESOTA, NEVADA, NEW JERSEY, NEW YORK, OREGON, VERMONT, AND WASHINGTON AS AMICI CURIAE IN SUPPORT OF MOTION TO LIMIT THE SUBPOENA DUCES TECUM ISSUED ON JUNE 12, 2025, filed by JOSH SHAPIRO. (sg) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 8, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children's Hospital of Philadelphia

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice (District of Columbia), Federal

Case Details

Special Case Type(s):

Warrant or subpoena application (or protection)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

LGBTQ+:

Transgender

Medical/Mental Health Care:

Gender-affirming care