Motion Filed To ‘Quash’ Subpoenas In Ortolani Case

BOSTON – A motion has been filed in U.S. District Court to quash subpoenas filed by the Community of Jesus and two other nonprofits seeking Oliver Ortolani’s medical and educational records.

Ortolani, a former Community member, filed suit in U.S. District Court against the Community, Arts Empowering Life, Inc. and Performing Arts Building Foundation, Inc. in July 2025. The suit alleges that he and other children in the Community were trafficked and forced to perform labor on the Community’s performing arts center in Brewster under the guise of educational coursework.

The motion, which was filed Oct. 21, argues for subpoenas served to Kootenai Health, Heritage Health, Post Falls Family Medicine, Arketype Chiropractic and Functional Health, Matthew Wierzbinski and the Nauset Regional School District to be “partially” quashed. The motion argues that disclosure of the records violates Ortolani’s “personal rights and privileges,” that the subpoenas are “facially overbroad” and that they place an “undue burden” on the subpoenaed individuals and organizations.

Through the subpoenas, the defendants are seeking Ortolani’s “private medical and mental-health records, educational records, and communications concerning his personal history and relationships,” according to the motion.

“Defendants’ subpoenas seek irrelevant, harassing and private information related to the Plaintiff, without any limitations on scope or timing, to which they are not entitled,” Ortolani’s attorney, Kim Dougherty, said in an email Tuesday.

The subpoenas to the healthcare providers request all of Ortolani’s medical records from birth to the present day, the motion says. In his suit, Ortolani claims that he suffered “joint and back pain” and has been diagnosed with post-traumatic stress disorder as a result of performing the alleged work on the performing arts center. He also alleges that he suffers from anxiety, stress, panic attacks, distrust of authority, fear and shame.

But the defendants argue that those issues were preexisting. In their own suit filed against Oliver’s parents, David and Ellen Ortolani, in November 2025, the defendants claim that Oliver suffered from “a litany of medical, psychiatric, emotional and behavioral problems” from his “early childhood on.” Those include physical ailments such as “severe abdominal pain,” joint pain and “bouts of chest pain.” 

But according to the motion, previous efforts by the defendants to publicize Ortolani’s private health information have been stricken by the court as “redundant, immaterial, impertinent, or scandalous.” It also notes that the records were subpoenaed before any protective order was filed to protect Ortolani’s mental and medical health records.

“Subpoenas served prior to such a protective order is in place should be quashed,” the motion reads. A request for a protective order seeking to protect Ortolani’s records is currently before the court, Dougherty said. 

In a memorandum in support of the motion, Dougherty said that Ortolani agreed to “produce HIPAA authorizations that are limited to the claims and damages” outlined in his suit, but that that offer was denied by the defendants. 

“While some of his records relate to the injuries and damages he suffered at the hands of the Defendants, and the fact that the Defendants knew he was susceptible to additional harm given his medical circumstances, they continue to subject him to extensive emotional and physical harm,” Dougherty said in her email.

The subpoena to the Nauset Regional School District seeking Ortolani’s educational records is “overbroad,” the motion reads. The motion calls the subpoena an attempt to “overlitigate” the case to “drive up costs in the event they succeed at being awarded costs against Plaintiff’s parents.”

Wierzbinski, who is Ortolani’s uncle, has also been subpoenaed for all communications about his nephew, other family members and the two lawsuits dating back to Jan. 1, 2025. The motion says it is “readily apparent” that Wierzbinski has no “relevant knowledge about the facts at issue” and that Wierzbinski was subpoenaed by the defendants as “retaliation” for comments he made against the Community.

“These subpoenas, and others that Plaintiff anticipates are to come, are part of Defendants’ demonstrated pattern of harassment, attempt to intimidate and to circumvent well-established laws related to privileged materials and the rules related to discovery limitations,” the supporting memorandum reads.

Other entities subpoenaed by the defendants include Shawn DeLude, a former Community member and president of the nonprofit Rock Harbor Truth, who has actively campaigned against the Community and in support of survivors of religious abuse. The defendants have subpoenaed DeLude for documents and communications pertaining to the two lawsuits dating back to Jan. 1, 2024.

The motion also notes that of those subpoenaed, only Ortolani’s brother, Noah Ortolani, is named in his brother’s complaint, and that “the requests served on him have nothing to do with the abuse and forced child labor allegations in the Complaint.”

“Plaintiff asks that, at this early stage of discovery, the Court tamp down on Defendants using this litigation as a means to harass, intimidate, and seek revenge against various people who have spoken out against their misconduct, and to punish, bully, unnerve, and instill fear in the Plaintiff for bringing this suit,” the motion reads.

The defendants’ attorney, Jeffrey Robbins, declined to comment as the defendants’ response to the motion is under seal.