Case: In Re: Administrative Subpoena No. 25-1431-019

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun assigned to case. (LB) (Entered: 07/08/2025)

MOTION to Seal Case by The Children's Hospital Corporation.(LB) (Entered: 07/08/2025)

MOTION to Quash by The Children's Hospital Corporation.(LB) (Entered: 07/08/2025)

MEMORANDUM in Support re 3 MOTION to Quash filed by The Children's Hospital Corporation. (LB) (Entered: 07/08/2025)

DECLARATION of Amanda Masselam Strachan by The Children's Hospital Corporation. (Attachments: # 1 Exhibit 1)(LB) (Entered: 07/08/2025)

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NOTICE of Appearance by Joshua S. Levy on behalf of The Children's Hospital Corporation. (LB) (Entered: 07/08/2025)

NOTICE of Appearance by Douglas Hallward-Driemeier on behalf of The Children's Hospital Corporation. (LB) (Entered: 07/08/2025)

NOTICE of Appearance by Brian R. Blais on behalf of The Children's Hospital Corporation. (LB) (Entered: 07/08/2025)

NOTICE of Appearance by Amanda P. Strachan on behalf of The Children's Hospital Corporation. (LB) (Entered: 07/08/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Brian Boynton by The Children's Hospital Corporation. (Attachments: # 1 Declaration of Brian Boynton) (LB) (Entered: 07/08/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Boyd Johnson by The Children's Hospital Corporation. (Attachments: # 1 Declaration of Boyd Johnson)(LB) (Entered: 07/08/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Alan Schoenfeld by The Children's Hospital Corporation. (Attachments: # 1 Declaration of Alan Schoenfeld) (LB) (Entered: 07/08/2025)

Filing fee/payment processed: $52, receipt number 100012291 for Miscellaneous filing fee. (EZG) (Entered: 07/10/2025)

Filing fee/payment processed: $125, receipt number 100012292 for 10 MOTION for Leave to Appear Pro Hac Vice for admission of Brian Boynton. (EZG) (Entered: 07/10/2025)

Filing fee/payment processed: $125, receipt number 100012293 for 11 MOTION for Leave to Appear Pro Hac Vice for admission of Boyd Johnson. (EZG) (Entered: 07/10/2025)

Filing fee/payment processed: $125, receipt number 100012294 for 12 MOTION for Leave to Appear Pro Hac Vice for admission of Alan Schoenfeld. (EZG) (Entered: 07/10/2025)

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 10 Motion for Leave to Appear Pro Hac Vice Added Brian M. Boynton. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (EZG) (Entered: 07/10/2025)

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 11 Motion for Leave to Appear Pro Hac Vice Added Boyd Johnson. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (EZG) (Entered: 07/10/2025)

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 12 Motion for Leave to Appear Pro Hac Vice Added Alan Schoenfeld. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (EZG) (Entered: 07/10/2025)

Opposition re 2 MOTION to Seal Case filed by United States Department Of Justice. (SP) (Entered: 07/23/2025)

RESPONSE to Motion re 3 MOTION to Quash filed by United States Department Of Justice. (SP) (Entered: 07/23/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 2 Motion to Seal Case, 3 Motion to Quash : A Motion Hearing is set for 8/27/2025 at 11:00 a.m. in Courtroom 20 (In person only) before Judge Myong J. Joun. (SKY) (Entered: 07/24/2025)

Motion for Leave to File Reply to the Government's Opposition to its Motion to Seal by The Children's Hospital Corporation. (Attachments: # 1 Reply in support of motion to seal)(SKY) (Entered: 07/30/2025)

Motion for Leave to File Reply to the Government's Response to its Motion to Quash by The Children's Hospital Corporation. (Attachments: # 1 Reply in support of motion to quash)(SKY) (Entered: 07/30/2025)

Judge Myong J. Joun: ORDER entered GRANTING 23 Motion for Leave to File Reply to the Government's Opposition to its Motion to Seal. (SKY) (Entered: 08/05/2025)

Reply to 20 Opposition re 2 Motion to Seal Case filed by The Children's Hospital Corporation. (SKY) (Entered: 08/05/2025)

Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 24 Motion for Leave to File Reply to the Government's Response to its Motion to Quash. (SKY) (Entered: 08/05/2025)

Reply to 21 Response to 3 Motion to Quash filed by The Children's Hospital Corporation. (SKY) (Entered: 08/05/2025)

Electronic Clerk's Notes for proceedings held before Judge Myong J. Joun: Motion Hearing held on 8/27/2025 re 2 Motion to Seal Case, 3 Motion to Quash filed. The Court heard arguments from the parties as to the pending motions and took the matter under advisement. (Court Reporter: Jamie Halpin at jkhhalpin@gmail.com.)(Attorneys present: Levy & Strachan for the petitioner; Runkle & Goldstein for the respondent.) (SKY) (Entered: 08/27/2025)

Transcript of Motion Hearing held on August 27, 2025, before Judge Myong J. Joun. Court Reporter Name and Contact Information: Jamie Halpin at jkhhalpin@gmail.com. (DRK) (Entered: 09/01/2025)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 09/01/2025)

NOTICE by The Children's Hospital Corporation (Attachments: # 1 Exhibit A)(SP) (Entered: 09/03/2025)

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Judge Myong J. Joun: ORDER entered. MEMORANDUM OF DECISION re 2 Motion to Seal Case, 3 Motion to Quash filed by The Children's Hospital Corporation. For the reasons explained in the attached memorandum of decision, Boston Children's Hospital's Motion to Seal [Doc. No 2 ] is DENIED and Motion to Quash [Doc. No. 3 ] is GRANTED. (SKY) (Entered: 09/09/2025)

Judge Myong J. Joun: ORDER entered. ORDER DISMISSING CASE. (SKY) (Entered: 09/09/2025)

MOTION to Alter Judgment by United States Department Of Justice.(Runkle, Patrick) (Entered: 10/07/2025)

MEMORANDUM in Support re 35 MOTION to Alter Judgment filed by United States Department Of Justice. (Runkle, Patrick) (Entered: 10/07/2025)

AFFIDAVIT in Support re 35 MOTION to Alter Judgment filed by United States Department Of Justice. (Runkle, Patrick) (Entered: 10/07/2025)

MEMORANDUM in Opposition re 35 MOTION to Alter Judgment filed by The Children's Hospital Corporation. (Strachan, Amanda) (Entered: 10/21/2025)

MOTION for Leave to File Amicus Brief by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit Ex. 1 - Proposed Amicus Brief)(Cambier, Adam) (Entered: 10/21/2025)

1 Exhibit Ex. 1 - Proposed Amicus Brief

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Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTIN 39 Motion for Leave to File Amicus Brief. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (SKY) (Entered: 10/22/2025)

Third Party MEMORANDUM in Opposition re 35 MOTION to Alter Judgment [Leave to file granted on Oct. 22, 2025] filed by Commonwealth of Massachusetts. (Cambier, Adam) (Entered: 10/22/2025)

Order on Motion for Leave to File Document

MOTION for Leave to File Reply by United States Department Of Justice. (Attachments: # 1 Exhibit A (Proposed Reply), # 2 Exhibit B (Ex. A to the Reply))(Runkle, Patrick) (Entered: 10/26/2025)

1 Exhibit A (Proposed Reply)

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2 Exhibit B (Ex. A to the Reply)

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Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 42 Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (SKY) (Entered: 10/27/2025)

REPLY to Response to 35 MOTION to Alter Judgment filed by United States Department Of Justice. (Attachments: # 1 Exhibit A)(Runkle, Patrick) (Entered: 10/27/2025)

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Order on Motion for Leave to File Document

Notice of Supplemental Authorities re 35 MOTION to Alter Judgment (Attachments: # 1 Exhibit A)(Levy, Joshua) (Entered: 10/29/2025)

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NOTICE OF APPEAL as to 33 Memorandum & ORDER,, Terminate Motions, by United States Department Of Justice. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 11/28/2025. (Goldstein, Ross) (Entered: 11/07/2025)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 46 Notice of Appeal. (MAP) (Entered: 11/07/2025)

USCA Case Number 25-2092 for 46 Notice of Appeal filed by United States Department Of Justice. (MAP) (Entered: 11/07/2025)

USCA Case Number

Notice of Supplemental Authorities re 35 MOTION to Alter Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Runkle, Patrick) (Entered: 11/10/2025)

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NOTICE by The Children's Hospital Corporation re 46 Notice of Appeal,,, (Strachan, Amanda) (Entered: 11/13/2025)

Response by The Children's Hospital Corporation to 49 Notice of Supplemental Authorities . (Strachan, Amanda) (Entered: 11/13/2025)

Judge Myong J. Joun: ELECTRONIC ORDER entered re 35 Motion to Alter Judgment.On September 9, 2025, I entered an order granting Boston Children Hospital’s (“BCH”) Motion to Quash. [Doc. No. 33 ]. On October 7, 2025, the Department of Justice (“DOJ”) filed a Motion to Alter (the “Motion”). [Doc. No. 35 ]. On November 7, 2025, the DOJ filed a Notice of Appeal of my September 9 Order. [Doc. No. 46 ]. That appeal has been assigned USCA Case Number 25-2092. [Doc. No. 48 ]. The parties have completed briefing of the merits of the Motion, however, after DOJ filed its Notice of Appeal, BCH filed a Notice indicating that this court no longer has jurisdiction to decide the Motion. [See Doc. No. 50 ].“The filing of a notice of appeal is an event of jurisdictional significance—it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.” Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). However, “in order to prevent unnecessary appellate review, the district court was given express authority to entertain a timely motion to alter or amend the judgment under Rule 59, even after a notice of appeal had been filed.” Id. at 59 (emphasis added). As such, Rule 4(A)(iv) of the Federal Rules of Appellate Procedure provides that “[i]f a party files in the district court” a motion “to alter or amend the judgment under Rule 59” and “does so within the time allowed by those rules--the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion.” Fed. Rule App. Proc. 4(A)(iv). Rule 59(e) of the Federal Rules of Civil Procedure provides that “[a] motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.” Here, DOJ filed the Motion around 10:30 P.M. on October 7, 2025, or the 28^th day following the entry of the judgment on September 9. However, an electronic filing made on the last day is timely if filed by midnight in the court’s time zone, “[u]nless a different time is set by a... local rule.” Fed. R. Civ. P. 6(a)(4). Our district’s local rules state that, “[a]ll electronic transmissions of documents must be completed prior to 6:00 p.m. to be considered timely filed that day.” L.R. 5.4(d). Accordingly, to have timely filed a Motion to Alter in this district, DOJ was required to file its Motion by 6:00 P.M. on October 7, 2025, but did not do so until about 10:30 P.M. [Doc. No. 44 at 4]. Contrary to DOJ’s suggestion that our local rules may not apply to a “miscellaneous proceeding to quash an administrative subpoena,” [Doc. No. 44 at n.2], the local rules clarify that they “apply to all proceedings in the United States District Court for the District of Massachusetts.” L.R. 1.2(a). As such, the Motion is untimely. See, e.g., Sneade v. Rojas, 11-cv-40061, 2014 WL 949635, at *2 n.2 (D. Mass. Mar. 10, 2014) (“[T]he motion to impound was filed after the 6:00 p.m. deadline and therefore, is deemed filed the next business day, i.e., it was untimely”); Romero v. McCormick & Schmick Rest. Corp., No. 18-cv-10324, 2020 WL 1430530, at *1 (D. Mass. Mar. 24, 2020) (“Under the Local Rules, all electronic filings must be completed prior to 6 p.m. to be considered timely filed that day. L. R. 5.4(d). As reflected on the docket, Plaintiffs electronically filed their motion and memorandum in support at 7:45 p.m. and their statement of material facts at 8:01 p.m. on the date dispositive motions were due. Accordingly, the filing was late.”).“District courts enjoy broad latitude in administering local rules.” Air Line Pilots Ass'n v. Precision Valley Aviation, Inc., 26 F.3d 220, 224 (1st Cir. 1994). DOJ asks that I exercise such discretion here to find that the four-hour delay be deemed timely because BCH does not identify any prejudice from the late filing, and other courts in this district have excused similar delays. See, e.g., Soo v. Bone Biologics Corp., No. 19-cv-11520, 2021 WL 1391458, at *4 (D. Mass. Apr. 13, 2021) (excusing four-hour delay in filing an amended complaint and citing cases). However, DOJ has not pointed to any case finding such a motion timely where a subsequent notice of appeal has also been filed, divesting the court of its jurisdiction. “To deviate from a local rule, the district court (1) must have a sound reason for doing so, and (2) must ensure that no party's substantial rights are unfairly jeopardized.” Belanger v. BNY Mellon Asset Mgmt., LLC, No. 15-cv-10198, 2017 WL 1160570, at *6 (D. Mass. Mar. 28, 2017) (cleaned up). DOJ has not provided any “sound reason” for its late filing or for deviating from the local rules. Carpenter v. Rivera, 10-cv-40233, 2014 WL 4928963, at *2 n.2 (D. Mass. Sept. 30, 2014) (“Accordingly, even if the Court had the power to extend the deadline, I would not find that Plaintiff has established cause for doing so.”). Because the Motion was untimely and the notice of appeal has not been tolled, jurisdiction is now vested with the First Circuit Court of Appeals. As such, I do not have jurisdiction to rule on the merits of the Motion to Alter. See Malek v. Feigenbaum, 116 F.4th 118, 127–128 (2d Cir. 2024) (finding appeal untimely where Rule 59(e) motion was filed late and did not toll the deadline for appeal). The Motion to Alter, [Doc. No. 35 ], is thus DENIED. (SKY) (Entered: 11/24/2025)

Order On Motion to Alter Judgment

Supplemental Record on Appeal transmitted to US Court of Appeals re 46 Notice of Appeal. Documents included: ECF No. 52 (MAP) (Entered: 11/25/2025)