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 in progress

Case Summary

(This summary is temporary while we research the case.) On June 12, 2025, the U.S. Department of Justice (DOJ) issued an administrative subpoena (No. 25-1431-014) to the Children's Hospital of Philadelphia (CHOP). The subpoena sought health records of CHOP patients, including minors who received treatment for gender dysphoria.  The subpoena was an administrative document, but the hospital sought protection from it in federal court. On July 8, Respondents filed papers in the U.S. District Court …

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

On June 12, 2025, the U.S. Department of Justice (DOJ) issued an administrative subpoena (No. 25-1431-014) to the Children's Hospital of Philadelphia (CHOP). The subpoena sought health records of CHOP patients, including minors who received treatment for gender dysphoria. 

The subpoena was an administrative document, but the hospital sought protection from it in federal court. On July 8, Respondents filed papers in the U.S. District Court for the Eastern District of Pennsylvania, asking the court to limit the subpoena by excluding: (1) documents sufficient to identify patients who were prescribed puberty blockers or hormone therapy; (2) documents concerning the clinical indications, diagnoses, or assessments underlying such prescriptions; (3) all documents relating to informed consent, patient intake, and parent or guardian authorization for minor patients; and (4) any other requests in the subpoena that would require production of CHOP patient health information.

The case was assigned to District Judge Mark Kearney, who immediately stayed the hospital's obligation to respond to the contested portions of the subpoena pending further development.   

The case is ongoing. 

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/


Judge(s)
Expert/Monitor/Master/Other

CICCONI, MARTINE E. (Pennsylvania)

CONNOLLY, CHARLES F. (Pennsylvania)

Dahlquist, Scott B (Pennsylvania)

FORD, TIMOTHY J. (Pennsylvania)

GOLDSTEIN, ROSS S. (Pennsylvania)

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Documents in the Clearinghouse

Document
1

2:25-mc-00039

Motion for Miscellaneous Relief

July 8, 2025

July 8, 2025

4

2:25-mc-00039

Order

July 9, 2025

July 9, 2025

11

2:25-mc-00039

Order on Motion to Seal

July 25, 2025

July 25, 2025

Resources

Docket

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

Last updated Sept. 9, 2025, 9:09 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

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

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:

None yet

Source of Relief:

None yet