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Board of Education of the City School District of the City of New York v. United States Department of Education

S.D.N.Y. · 2026 · CourtListener
Cite as Bd. of Educ. of the City Sch. Dist. of the City of New York v. U.S. Dep't of Educ., No. 1:25-cv-08547 (S.D.N.Y. filed Oct. 15, 2025)
District2nd Cir.Schools & educationFederal executive actions

Docket

No. 1:25-cv-08547
Assigned to
Arun Subramanian
Cause
05:551 Administrative Procedure Act
Nature of suit
899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Jurisdiction
U.S. Government Defendant
Jury demand
None
Date filed
2025-10-15
Last filing
2026-09-23
Terminated
2026-04-09
No. 1:26-cv-06584
Assigned to
Arun Subramanian
Cause
05:702 Administrative Procedure Act
Nature of suit
899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Jurisdiction
U.S. Government Defendant
Jury demand
None
Date filed
2026-07-31
Last filing
2026-09-23

Proceedings

S.D.N.Y. · No. 1:25-cv-08547 · Docket on CourtListener
169 docket entries · 103 documents
Bd. of Educ. of the City Sch. Dist. of the City of New York v. U.S. Dep't of Educ., No. 1:25-cv-08547 (S.D.N.Y. filed Oct. 15, 2025)
Docket · Docket on CourtListener
Bd. of Educ. of the City Sch. Dist. of the City of New York v. U.S. Dep't of Educ., No. 26-1602 (2d Cir. filed June 10, 2026)
S.D.N.Y. · No. 1:26-cv-06584 · Docket on CourtListener
62 docket entries · 9 documents
Bd. of Educ. of the City Sch. Dist. of the City of New York v. U.S. Dep't of Educ., No. 1:26-cv-06584 (S.D.N.Y. filed July 31, 2026)

Recent docket activity

From the case's dockets as the archive holds them; each docket page lists every entry.
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Timeline

  • 2025-10-15 Filed: S.D.N.Y., No. 1:25-cv-08547
  • 2026-04-09 Closed: S.D.N.Y., No. 1:25-cv-08547
  • 2026-07-31 Filed: S.D.N.Y., No. 1:26-cv-06584

Filings on file (112 in 76 docket entries)

Filings on file
DateNo.DocumentTypePagesSource
2025-10-15 1 COMPLAINT against Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Filing Fee $ 405.00, Receipt Number ANYSDC-31853753)Document filed by The Board of Education of The City School District of The City of New York..(Isaias, Bianca) (Entered: 10/15/2025) Complaint 48 PDF CL
2025-10-16 4 EMERGENCY MOTION for Order to Show Cause . Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 10/16/2025) Motion for Order to Show Cause 2 PDF CL
2025-10-16 5 DECLARATION of Melanie Ash in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 10/16/2025) Declaration in Support of Motion 4 PDF CL
2025-10-16 6 DECLARATION of Chancellor Melissa Aviles-Ramos in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Sept 16 Trainor Letter, # 2 Exhibit Sept 19 NYCPS Letter, # 3 Exhibit Sept 20 Trainor Email, # 4 Exhibit Sept 26 Burke Letter, # 5 Exhibit NYCPS Guidelines).(Ash, Melanie) (Entered: 10/16/2025) Declaration in Support of Motion 20 PDF CL
6-1 DECLARATION of Chancellor Melissa Aviles-Ramos in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Sept 16 Trainor Letter, # 2 Exhibit Sept 19 NYCPS Letter, # 3 Exhibit Sept 20 Trainor Email, # 4 Exhibit Sept 26 Burke Letter, # 5 Exhibit NYCPS Guidelines).(Ash, Melanie) (Entered: 10/16/2025) Exhibit Sept 16 Trainor Letter 5 PDF CL
6-2 DECLARATION of Chancellor Melissa Aviles-Ramos in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Sept 16 Trainor Letter, # 2 Exhibit Sept 19 NYCPS Letter, # 3 Exhibit Sept 20 Trainor Email, # 4 Exhibit Sept 26 Burke Letter, # 5 Exhibit NYCPS Guidelines).(Ash, Melanie) (Entered: 10/16/2025) Exhibit Sept 19 NYCPS Letter 4 PDF CL
6-3 DECLARATION of Chancellor Melissa Aviles-Ramos in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Sept 16 Trainor Letter, # 2 Exhibit Sept 19 NYCPS Letter, # 3 Exhibit Sept 20 Trainor Email, # 4 Exhibit Sept 26 Burke Letter, # 5 Exhibit NYCPS Guidelines).(Ash, Melanie) (Entered: 10/16/2025) Exhibit Sept 20 Trainor Email 3 PDF CL
6-4 DECLARATION of Chancellor Melissa Aviles-Ramos in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Sept 16 Trainor Letter, # 2 Exhibit Sept 19 NYCPS Letter, # 3 Exhibit Sept 20 Trainor Email, # 4 Exhibit Sept 26 Burke Letter, # 5 Exhibit NYCPS Guidelines).(Ash, Melanie) (Entered: 10/16/2025) Exhibit Sept 26 Burke Letter 3 PDF CL
6-5 DECLARATION of Chancellor Melissa Aviles-Ramos in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Sept 16 Trainor Letter, # 2 Exhibit Sept 19 NYCPS Letter, # 3 Exhibit Sept 20 Trainor Email, # 4 Exhibit Sept 26 Burke Letter, # 5 Exhibit NYCPS Guidelines).(Ash, Melanie) (Entered: 10/16/2025) Exhibit NYCPS Guidelines 32 PDF CL
2025-10-16 7 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 32 Declaration) - DECLARATION of Seritta Scott in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit First Year Grant Award Notifications, # 2 Exhibit Amended Grant Award Notifications).(Ash, Melanie) Modified on 11/10/2025 (db). As per ECF-ERROR Email Correspondence Received on 11/10/2025 @ 1:09pm. (Entered: 10/16/2025) Declaration in Support of Motion 8 PDF CL
7-1 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 32 Declaration) - DECLARATION of Seritta Scott in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit First Year Grant Award Notifications, # 2 Exhibit Amended Grant Award Notifications).(Ash, Melanie) Modified on 11/10/2025 (db). As per ECF-ERROR Email Correspondence Received on 11/10/2025 @ 1:09pm. (Entered: 10/16/2025) Exhibit First Year Grant Award Notifications 19 PDF CL
7-2 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 32 Declaration) - DECLARATION of Seritta Scott in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit First Year Grant Award Notifications, # 2 Exhibit Amended Grant Award Notifications).(Ash, Melanie) Modified on 11/10/2025 (db). As per ECF-ERROR Email Correspondence Received on 11/10/2025 @ 1:09pm. (Entered: 10/16/2025) Exhibit Amended Grant Award Notifications 21 PDF CL
2025-10-16 8 MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause . . Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 10/16/2025) Memorandum of Law in Support of Motion 34 PDF CL
2025-10-22 12 ORDER: In light of the motion hearing scheduled for November 7, 2025 for the court to consider plaintiff's motion for a preliminary injunction, the initial pre-trial conference currently scheduled for November 13, 2025, is CANCELLED. The parties should be prepared to discuss any case logistics or next steps during the motion hearing on November 7. (Signed by Judge Arun Subramanian on 10/22/2025) (sgz) (Entered: 10/22/2025) Order 1 PDF CL
2025-10-28 21 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Lisa Ahearn, SDNY. Service was made by MAIL. Document filed by The Board of Education of The City School District of The City of New York..(Isaias, Bianca) (Entered: 10/28/2025) Affidavit of Service as to USA 4 PDF CL
2025-10-30 24 MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause . . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A - Chart of Elements Not Plausibly Alleged by Plaintiff).(Oestericher, Jeffrey) (Entered: 10/30/2025) Memorandum of Law in Support of Motion 34 PDF CL
24-1 MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause . . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A - Chart of Elements Not Plausibly Alleged by Plaintiff).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit A - Chart of Elements Not Plausibly Alleged by Plaintiff 2 PDF CL
2025-10-30 25 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Declaration in Support of Motion 5 PDF CL
25-1 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 1 - Brookyln GAN 51 PDF CL
25-2 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 2 - Brooklyn and Queens GAN 51 PDF CL
25-3 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 3 - Queens GAN 51 PDF CL
25-4 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 4 - Continuation GANs 158 PDF CL
25-5 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 5 - Bronx GAN 50 PDF CL
25-6 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 6 - Manhattan GAN 50 PDF CL
25-8 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 8 - September 16 Letter 4 PDF CL
25-9 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 9 - September 26 Letter 2 PDF CL
25-11 DECLARATION of Jennifer Todd in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction ., 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit 1 - Brookyln GAN, # 2 Exhibit 2 - Brooklyn and Queens GAN, # 3 Exhibit 3 - Queens GAN, # 4 Exhibit 4 - Continuation GANs, # 5 Exhibit 5 - Bronx GAN, # 6 Exhibit 6 - Manhattan GAN, # 7 Exhibit 7 - Supplemental GANs, # 8 Exhibit 8 - September 16 Letter, # 9 Exhibit 9 - September 26 Letter, # 10 Exhibit 10 - Non-continuation GANs, # 11 Exhibit 11 - G5 Award History Reports).(Oestericher, Jeffrey) (Entered: 10/30/2025) Exhibit 11 - G5 Award History Reports 7 PDF CL
2025-11-05 28 REPLY MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause . . Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Plaintiff's Response to Defendants' Chart of Elements re Motion to Dismiss).(Ash, Melanie) (Entered: 11/05/2025) Reply Memorandum of Law in Support of Motion 36 PDF CL
2025-11-05 29 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Plaintiff's Response to Defendants' Chart of Elements re Motion to Dismiss).(Ash, Melanie) (Entered: 11/05/2025) Memorandum of Law in Opposition to Motion 36 PDF CL
29-1 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Plaintiff's Response to Defendants' Chart of Elements re Motion to Dismiss).(Ash, Melanie) (Entered: 11/05/2025) Exhibit Plaintiff's Response to Defendants' Chart of Elements re Motio 1 PDF CL
2025-11-06 30 ORDER: The hearing on the motion for a preliminary injunction scheduled for Monday, November 10 has been rescheduled to Thursday, November 13 at 10 a.m. ET in Courtroom 15A. Any attorney who wishes to appear remotely shall send a request by email to chambers no later than 12 noon on Friday, November 7, so that court staff has sufficient time to coordinate the videoconference technology. SO ORDERED. Motion Hearing set for 11/13/2025 at 10:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 11/6/2025) (jca) (Entered: 11/06/2025) Order Setting Hearing on Motion 1 PDF CL
2025-11-10 32 DECLARATION of Seritta Scott in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit First Year Grant Award Notifications, # 2 Exhibit Amended Grant Award Notifications).(Ash, Melanie) (Entered: 11/10/2025) Declaration in Support of Motion 8 PDF CL
32-2 DECLARATION of Seritta Scott in Support re: 4 EMERGENCY MOTION for Order to Show Cause .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit First Year Grant Award Notifications, # 2 Exhibit Amended Grant Award Notifications).(Ash, Melanie) (Entered: 11/10/2025) Exhibit Amended Grant Award Notifications 21 PDF CL
2025-11-12 33 ORDER : In advance of Thursday's hearing, defendants' counsel should consult with their clients to determine whether defendants would agree to permit plaintiff to use non-expended funds from the prior budget year for the current budget year, including for obligations arising after September 30, 2025. Defendants already have agreed that such funds can be used for obligations incurred on or before that date. Dkt. 24 at 32. Such an agreement would moot plaintiff's motion for interim relief while preserving all of defendants' arguments with respect to the remainder of plaintiff's action, including the argument raised on defendant's motion to dismiss. SO ORDERED. (Signed by Judge Arun Subramanian on 11/12/2025) (jca) (Entered: 11/12/2025) Order 1 PDF CL
2025-11-13 36 ORDER: The Court was informed at today's hearing that the parties have reached a settlement in principle regarding the relief sought in plaintiff's preliminary-injunction motion. The Court directs the parties to proceed as follows: 1. By Monday, November 17, 2025, the parties should finalize their settlement and file any their proposed order regarding the relief on the preliminary-injunction motion. 2. By the same date, the parties should file a joint letter proposing a deadline for production of the administrative record and a briefing schedule for motions for summary judgment. (Signed by Judge Arun Subramanian on 11/13/2025) (sgz) (Entered: 11/13/2025) Order 1 PDF CL
2025-11-17 37 LETTER addressed to Judge Arun Subramanian from Melanie Ash dated November 17, 2025 re: Schedule for Production of Administrative Record and Briefing of Summary Judgment Motions. Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 11/17/2025) Letter 2 PDF CL
2025-11-18 38 MEMO ENDORSEMENT on re: 37 Letter, filed by The Board of Education of The City School District of The City of New York. ENDORSEMENT: The one-day extension to file the proposed agreement regarding preliminary relief is GRANTED. The agreement should be filed today, November 18. The Court adopts the parties' proposed schedule for summary judgment. Should defendants move for summary judgment, the Court intends to deny their pending motion to dismiss as moot, without prejudice to defendants raising the same arguments in their summary judgment briefing. Alternatively, should defendants choose not file a motion for summary judgment, the Court will consider their pending motion to dismiss alongside plaintiff's motion for summary judgment. SO ORDERED. ( Cross Motions due by 1/14/2026., Motions due by 12/16/2025., Responses due by 2/6/2026) (Signed by Judge Arun Subramanian on 11/18/2025) (sgz) (Entered: 11/18/2025) Memo Endorsement 2 PDF CL
2025-11-19 40 ORDER granting 39 Letter Motion for Extension of Time. GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 39. SO ORDERED. (Signed by Judge Arun Subramanian on 11/19/2025) (sgz) (Entered: 11/19/2025) Order on Motion for Extension of Time 1 PDF CL
2025-11-20 42 CONSENT ORDER AND WITHDRAWAL OF MOTION FOR PRELIMINARY INJUNCTION withdrawing 4 Motion for Order to Show Cause. IT IS HEREBY ORDERED THAT, ON CONSENT OF THE PARTIES: 1. Plaintiff may use, and draw down reimbursements from, all remaining Carryover Funds, for the period beginning October 1, 2025 and ending June 30, 2026, for any permissible expenses or obligations incurred under the grants up to and through June 30, 2026; 2. Defendants will fully cooperate with NYCPS in facilitating the drawdown of Carryover Funds; 3. Plaintiff withdraws its pending motion for a preliminary injunction, without prejudice; 4. Defendants agree to produce the administrative record relevant to the non-continuation of these five grants to NYCPS by November 25, 2025; and 5. The parties agree to proceed by way of expedited summary judgment motion(s) on a schedule to be agreed upon, subject to the permission and availability of the Court. With the withdrawal without prejudice of plaintiff's motion for a preliminary injunction, the Clerk of Court is respectfully directed to terminate the motion at Dkt. 4. (Signed by Judge Arun Subramanian on 11/20/2025) (sgz) Modified on 3/24/2026 (sgz). (Entered: 11/20/2025) Order on Motion for Order to Show Cause 4 PDF CL
2025-11-25 45 ORDER granting 44 Letter Motion to Seal. GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 44. SO ORDERED. (Signed by Judge Arun Subramanian on 11/25/2025) (sgz) (Entered: 11/26/2025) Order on Motion to Seal 2 PDF CL
2025-12-16 49 ORDER granting 48 Letter Motion for Leave to File Excess Pages. GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 48. SO ORDERED. (Signed by Judge Arun Subramanian on 12/16/2025) (ar) (Entered: 12/16/2025) Order on Motion for Leave to File Excess Pages 1 PDF CL
2025-12-16 50 MOTION for Summary Judgment . Document filed by The Board of Education of The City School District of The City of New York. Responses due by 1/14/2026.(Ash, Melanie) (Entered: 12/16/2025) Motion for Summary Judgment 2 PDF CL
2025-12-16 52 MEMORANDUM OF LAW in Support re: 50 MOTION for Summary Judgment . . Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 12/16/2025) Memorandum of Law in Support of Motion 43 PDF CL
2026-01-14 57 MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss for Lack of Jurisdiction Or Alternatively for Summary Judgment. . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 01/14/2026) Memorandum of Law in Support of Motion 38 PDF CL
2026-01-2167Main document not on file
67-1 CONSENT MOTION to File Amicus Brief on Behalf of Amici States. Document filed by State of Oklahoma. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Gaskins, Garry) (Entered: 01/21/2026) Exhibit Proposed Amicus Brief 23 PDF CL
2026-01-22 68 ORDER denying without prejudice 23 Motion to Dismiss for Lack of Jurisdiction; granting 61 Motion to File Amicus Brief; granting 67 Motion to File Amicus Brief. The unopposed motions for leave to file amicus briefs by The Defense of Freedom Institute and by Oklahoma and 17 other states are GRANTED. The briefs are deemed filed. Defendants' initial motion to dismiss, or in the alternative, for summary judgment has been superseded by their renewed motion. See Dkts. 23, 56. It is therefore DENIED WITHOUT PREJUDICE. To be clear, the Court is not ruling on the merits of the motion, and defendants are free to raise the same arguments in their renewed motion. The existing briefing schedule remains in place, and the Court will rule on plaintiffs motion for summary judgment and defendants renewed motion to dismiss or for summary judgment in due course. The Clerk of Court is respectfully directed to terminate the motions at Dkts. 23, 61, and 67. SO ORDERED. (Signed by Judge Arun Subramanian on 1/22/2026) (sgz) Modified on 1/23/2026 (sgz). (Entered: 01/22/2026) Order on Motion to File Amicus Brief 1 PDF CL
2026-02-06 74 MEMORANDUM OF LAW in Opposition re: 56 MOTION to Dismiss for Lack of Jurisdiction Or Alternatively for Summary Judgment. . Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 02/06/2026) Memorandum of Law in Opposition to Motion 37 PDF CL
2026-02-06 75 MEMORANDUM OF LAW in Support re: 50 MOTION for Summary Judgment . (Reply). Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 02/06/2026) Memorandum of Law in Support of Motion 37 PDF CL
2026-02-13 78 CONSENT MOTION to File Amicus Brief of Amici States New York et al. Document filed by State of New York. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Greenwald, Blair) (Entered: 02/13/2026) Motion to File Amicus Brief 5 PDF CL
78-1 CONSENT MOTION to File Amicus Brief of Amici States New York et al. Document filed by State of New York. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Greenwald, Blair) (Entered: 02/13/2026) Exhibit Proposed Amicus Brief 34 PDF CL
2026-02-20 80 REPLY MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss for Lack of Jurisdiction Or Alternatively for Summary Judgment. . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 02/20/2026) Reply Memorandum of Law in Support of Motion 16 PDF CL
2026-03-31 82 MEMO ENDORSEMENT granting 78 Motion to File Amicus Brief. ENDORSEMENT: GRANTED. The attached brief is deemed filed. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 78. SO ORDERED. (Signed by Judge Arun Subramanian on 3/31/2026) (sgz) (Entered: 03/31/2026) Order on Motion to File Amicus Brief 5 PDF CL
2026-04-08 83 OPINION AND ORDER re: 56 MOTION to Dismiss for Lack of Jurisdiction Or Alternatively for Summary Judgment filed by Lindsey M Burke, Craig W Trainor, Linda McMahon, United States Department of Education, 50 MOTION for Summary Judgment filed by The Board of Education of The City School District of The City of New York. NYCPS's motion for summary judgment is GRANTED; defendants' motion to dismiss or for summary judgment is DENIED. Defendants' non-continuation determination with respect to the five MSAP grants is VACATED; it is DECLARED that defendants failed to follow the required Title IX procedures. Defendants are PERMANENTLY ENJOINED from non-continuing MSAP grants to NYCPS based on Title IX findings or "civil rights violations" related to Title IX without following the required Title IX procedures. Defendants are ORDERED to make a continuation determination with respect to each of NYCPS's MSAP grants within 10 days of this order. The Clerk of Court is respectfully directed to terminate the motions at Dkts. 50 and 56, to enter judgment for plaintiff, and to close the case. (Signed by Judge Arun Subramanian on 4/8/2026) (sgz) Transmission to Orders and Judgments Clerk for processing. (Entered: 04/08/2026) Memorandum & Opinion 10 PDF CL
2026-04-09 84 CLERK'S JUDGMENT re: 83 Opinion & Order. in favor of The Board of Education of The City School District of The City of New York against United States Department of Education, Craig W Trainor, Linda McMahon, Lindsey M Burke. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated April 8, 2026, NYCPS's motion for summary judgment is GRANTED; defendants' motion to dismiss or for summary judgment is DENIED; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 4/9/2026) (Attachments: # 1 Notice of right to appeal) (nd) (Entered: 04/09/2026) Clerk's Judgment 1 PDF CL
2026-05-14 85 MOTION to Enforce Judgment By Order to Show Cause. Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 05/14/2026) Enforce Judgment 2 PDF CL
2026-05-14 86 DECLARATION of Melanie Ash in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Correspondence requesting extension, # 2 Exhibit Exhibit B - Email with Letter and Response).(Ash, Melanie) (Entered: 05/14/2026) Declaration in Support of Motion 4 PDF CL
86-1 DECLARATION of Melanie Ash in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Correspondence requesting extension, # 2 Exhibit Exhibit B - Email with Letter and Response).(Ash, Melanie) (Entered: 05/14/2026) Exhibit Exhibit A - Correspondence requesting extension 3 PDF CL
86-2 DECLARATION of Melanie Ash in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Correspondence requesting extension, # 2 Exhibit Exhibit B - Email with Letter and Response).(Ash, Melanie) (Entered: 05/14/2026) Exhibit Exhibit B - Email with Letter and Response 7 PDF CL
2026-05-14 87 DECLARATION of Todd Levitt in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Notices of Continuation, # 2 Exhibit Exhibit B - Grant Award Notifications, # 3 Exhibit Exhibit C - Requests for Information).(Ash, Melanie) (Entered: 05/14/2026) Declaration in Support of Motion 9 PDF CL
87-1 DECLARATION of Todd Levitt in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Notices of Continuation, # 2 Exhibit Exhibit B - Grant Award Notifications, # 3 Exhibit Exhibit C - Requests for Information).(Ash, Melanie) (Entered: 05/14/2026) Exhibit Exhibit A - Notices of Continuation 15 PDF CL
87-2 DECLARATION of Todd Levitt in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Notices of Continuation, # 2 Exhibit Exhibit B - Grant Award Notifications, # 3 Exhibit Exhibit C - Requests for Information).(Ash, Melanie) (Entered: 05/14/2026) Exhibit Exhibit B - Grant Award Notifications 25 PDF CL
87-3 DECLARATION of Todd Levitt in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Notices of Continuation, # 2 Exhibit Exhibit B - Grant Award Notifications, # 3 Exhibit Exhibit C - Requests for Information).(Ash, Melanie) (Entered: 05/14/2026) Exhibit Exhibit C - Requests for Information 15 PDF CL
2026-05-14 88 MEMORANDUM OF LAW in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause. . Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Order in Washington v USDE, # 2 Exhibit Exhibit B - Transcript of Hearing in Washington v. USDE).(Ash, Melanie) (Entered: 05/14/2026) Memorandum of Law in Support of Motion 24 PDF CL
88-1 MEMORANDUM OF LAW in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause. . Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Order in Washington v USDE, # 2 Exhibit Exhibit B - Transcript of Hearing in Washington v. USDE).(Ash, Melanie) (Entered: 05/14/2026) Exhibit Exhibit A - Order in Washington v USDE 3 PDF CL
88-2 MEMORANDUM OF LAW in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause. . Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Order in Washington v USDE, # 2 Exhibit Exhibit B - Transcript of Hearing in Washington v. USDE).(Ash, Melanie) (Entered: 05/14/2026) Exhibit Exhibit B - Transcript of Hearing in Washington v. USDE 50 PDF CL
2026-05-15 89 MOTION for Abhishek Kambli to Withdraw as Attorney . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Proposed Order Proposed Order).(Kambli, Abhishek) (Entered: 05/15/2026) Withdraw as Attorney 2 PDF CL
89-1 MOTION for Abhishek Kambli to Withdraw as Attorney . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Proposed Order Proposed Order).(Kambli, Abhishek) (Entered: 05/15/2026) Proposed Order Proposed Order 1 PDF CL
2026-05-18 90 ORDER: Defendants are directed to respond to plaintiff's motion to enforce the judgment, Dkt. 85, by 5 p.m. on Thursday, May 21, 2026. Plaintiff may file a reply by 5 p.m. on Monday, May 25, 2026. SO ORDERED. ( Responses due by 5/21/2026, Replies due by 5/25/2026.) (Signed by Judge Arun Subramanian on 5/18/2026) (sgz) (Entered: 05/18/2026) Order AND ~Util - Set Motion and R&R Deadlines/Hearings 1 PDF CL
2026-05-27 98 REPLY MEMORANDUM OF LAW in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause. (Corrected - with Exhibit). Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Washington v. DOE Dkt 363).(Ash, Melanie) (Entered: 05/27/2026) Reply Memorandum of Law in Support of Motion 15 PDF CL
98-1 REPLY MEMORANDUM OF LAW in Support re: 85 MOTION to Enforce Judgment By Order to Show Cause. (Corrected - with Exhibit). Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit Exhibit A - Washington v. DOE Dkt 363).(Ash, Melanie) (Entered: 05/27/2026) Attachment 4 PDF CL
2026-05-28 99 ORDER: The Court will hold a hearing on the motion on Tuesday, June 2, 2026, at 3:30 p.m. in Courtroom 15A. In advance of the hearing, the parties should meet and confer to discuss if there is a mutually agreeable interim resolution that could moot the motion. Defendants have stated that they will make a funding determination by June 30. Dkt. 93 at 6. So any dispute will be short-lived. Potential options could include an interim grant, which would give plaintiff financial certainty while allowing defendants to ascertain the amount of the grant. It appears that an interim grant was offered in the State of Washington v. United States Department of Education case, which both parties cite in their briefing. Or it could involve an agreement to allow plaintiff to significantly overdraw on their carryover funding, with the overdraft covered by any subsequent funding determination. The parties should submit a joint letter to the Court by 5 p.m. on June 1, 2026, stating whether the parties were able to reach an interim resolution. Should the parties reach a resolution and plaintiff withdraws the motion, the hearing will be canceled. SO ORDERED. Motion Hearing set for 6/2/2026 at 03:30 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 5/28/2026) (sgz) (Entered: 05/28/2026) Order Setting Hearing on Motion 1 PDF CL
2026-05-28 101 ORDER granting 100 Letter Motion to Adjourn Conference. GRANTED. The conference is rescheduled to 1 p.m. on Thursday, June 4, 2026. The deadline for the parties to submit the joint letter stated in the prior order is extended to 12 noon on Wednesday, June 3, 2026. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 100. SO ORDERED. (Signed by Judge Arun Subramanian on 5/28/2026) (tg) (Entered: 05/28/2026) Order on Motion to Adjourn Conference 1 PDF CL
2026-06-03 102 JOINT LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 06/03/2026 re: Joint Letter Regarding Inability to Reach an Interim Resolution. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 06/03/2026) Letter 1 PDF CL
2026-06-04 104 ORDER granting 85 Motion to Enforce Judgment. Plaintiff's motion to enforce the Court's judgment is GRANTED for the reasons stated on the record at the June 4, 2026, hearing. By June 9, 2026, defendants are required to determine the appropriate continued award amount for the grants at issue. For the avoidance of doubt, defendants must make any determination that serves as the predicate for the funding of the grants by this deadline, as well as issue GANs reflecting those award determinations. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 85. SO ORDERED.. (Signed by Judge Arun Subramanian on 6/4/2026) (ks) (Entered: 06/04/2026) Order on Motion to Enforce Judgment 1 PDF CL
2026-06-08 105 NOTICE OF APPEAL from 84 Clerk's Judgment,,. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Oestericher, Jeffrey) Modified on 6/9/2026 (nd). (Entered: 06/08/2026) Notice of Appeal 1 PDF CL
2026-06-18 106 MANDATE of USCA (Certified Copy) as to 105 Notice of Appeal, filed by Lindsey M Burke, Craig W Trainor, Linda McMahon, United States Department of Education USCA Case Number 26-1602. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/18/2026. (tp) (Entered: 06/18/2026) USCA Mandate 1 PDF CL
2026-07-10 108 DECLARATION of Todd Levitt in Support re: 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion,,,,, 84 Clerk's Judgment,, .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit A - June 9 Grant Award Notifications, # 2 Exhibit B - Reimbursement Instructions).(Ash, Melanie) (Entered: 07/10/2026) Declaration in Support of Motion 6 PDF CL
108-2 DECLARATION of Todd Levitt in Support re: 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion,,,,, 84 Clerk's Judgment,, .. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit A - June 9 Grant Award Notifications, # 2 Exhibit B - Reimbursement Instructions).(Ash, Melanie) (Entered: 07/10/2026) Exhibit B - Reimbursement Instructions 10 PDF CL
2026-07-10 110 MEMORANDUM OF LAW in Support re: 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion,,,,, 84 Clerk's Judgment,, . . Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 07/10/2026) Memorandum of Law in Support of Motion 21 PDF CL
2026-07-13 112 ORDER : The Court cannot determine on the current record on what basis defendants (1) reduced the grant amount and (2) non-continued the grants. By Monday, July 20, 2026, defendants should supply the administrative record and any declarations on which they wish to rely. Plaintiff may submit a revised moving brief no later than Friday, July 24, 2026, with citations to the record supplied. Defendants opposition may be filed no later than August 7, 2026, and plaintiff may file any reply by August 14, 2026. The Court notes that while it retains the power to enforce its injunction, it cannot entertain any claims that go beyond its bounds in this posture. Should plaintiffs seek to challenge the determinations on other grounds (e.g., arguing that they are arbitrary and capricious), plaintiffsmay file an amended complaint no later than July 24, 2026.SO ORDERED. (Signed by Judge Arun Subramanian on 7/13/2026) (jca) (Entered: 07/13/2026) Order 1 PDF CL
2026-07-20 113 LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/20/2026 re: Response to the Court's July 13, 2026 Order. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A- Declaration of Murray Bessette, # 2 Exhibit B- Declaration of Jennifer Todd, # 3 Exhibit C- Declaration of Joseph Wheeler, # 4 Exhibit D- Administrative Record Certification, # 5 Exhibit E- Administrative Record Part 1, # 6 Exhibit F- Administrative Record Part 2).(Oestericher, Jeffrey) (Entered: 07/20/2026) Letter 2 PDF CL
113-1 LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/20/2026 re: Response to the Court's July 13, 2026 Order. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A- Declaration of Murray Bessette, # 2 Exhibit B- Declaration of Jennifer Todd, # 3 Exhibit C- Declaration of Joseph Wheeler, # 4 Exhibit D- Administrative Record Certification, # 5 Exhibit E- Administrative Record Part 1, # 6 Exhibit F- Administrative Record Part 2).(Oestericher, Jeffrey) (Entered: 07/20/2026) Exhibit A- Declaration of Murray Bessette 4 PDF CL
113-2 LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/20/2026 re: Response to the Court's July 13, 2026 Order. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A- Declaration of Murray Bessette, # 2 Exhibit B- Declaration of Jennifer Todd, # 3 Exhibit C- Declaration of Joseph Wheeler, # 4 Exhibit D- Administrative Record Certification, # 5 Exhibit E- Administrative Record Part 1, # 6 Exhibit F- Administrative Record Part 2).(Oestericher, Jeffrey) (Entered: 07/20/2026) Exhibit B- Declaration of Jennifer Todd 3 PDF CL
113-3 LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/20/2026 re: Response to the Court's July 13, 2026 Order. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A- Declaration of Murray Bessette, # 2 Exhibit B- Declaration of Jennifer Todd, # 3 Exhibit C- Declaration of Joseph Wheeler, # 4 Exhibit D- Administrative Record Certification, # 5 Exhibit E- Administrative Record Part 1, # 6 Exhibit F- Administrative Record Part 2).(Oestericher, Jeffrey) (Entered: 07/20/2026) Exhibit C- Declaration of Joseph Wheeler 4 PDF CL
113-4 LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/20/2026 re: Response to the Court's July 13, 2026 Order. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A- Declaration of Murray Bessette, # 2 Exhibit B- Declaration of Jennifer Todd, # 3 Exhibit C- Declaration of Joseph Wheeler, # 4 Exhibit D- Administrative Record Certification, # 5 Exhibit E- Administrative Record Part 1, # 6 Exhibit F- Administrative Record Part 2).(Oestericher, Jeffrey) (Entered: 07/20/2026) Exhibit D- Administrative Record Certification 2 PDF CL
113-5 LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/20/2026 re: Response to the Court's July 13, 2026 Order. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A- Declaration of Murray Bessette, # 2 Exhibit B- Declaration of Jennifer Todd, # 3 Exhibit C- Declaration of Joseph Wheeler, # 4 Exhibit D- Administrative Record Certification, # 5 Exhibit E- Administrative Record Part 1, # 6 Exhibit F- Administrative Record Part 2).(Oestericher, Jeffrey) (Entered: 07/20/2026) Exhibit E- Administrative Record Part 766 PDF CL
113-6 LETTER addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/20/2026 re: Response to the Court's July 13, 2026 Order. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A- Declaration of Murray Bessette, # 2 Exhibit B- Declaration of Jennifer Todd, # 3 Exhibit C- Declaration of Joseph Wheeler, # 4 Exhibit D- Administrative Record Certification, # 5 Exhibit E- Administrative Record Part 1, # 6 Exhibit F- Administrative Record Part 2).(Oestericher, Jeffrey) (Entered: 07/20/2026) Exhibit F- Administrative Record Part 315
2026-07-24 116 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion,,,,, 84 Clerk's Judgment,, . (Revised). Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 07/24/2026) Memorandum of Law in Support of Motion 26 PDF CL
2026-07-30 118 ORDER granting 117 Letter Motion for Extension of Time to File Response/Reply re 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion 84 Clerk's Judgment,, . GRANTED. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 117. SO ORDERED. Responses due by 8/14/2026 Replies due by 9/4/2026. (Signed by Judge Arun Subramanian on 7/30/2026) (sgz) (Entered: 07/30/2026) Order on Motion for Extension of Time to File Response/Reply 1 PDF CL
2026-08-11 119 ORDER: The Court will hold a hearing on the second motion to enforce filed on July 10, 2026, in 25-CV-8547 on Monday, September 14, 2026, at 1:00 p.m. Unless and until the Court orders otherwise, counsel for all parties shall appear in Courtroom 15A, 500 Pearl Street, New York, NY 10007. Given the filing of the second action, and the disclosure of the administrative record made in connection with the grant determination, the Court believes that the the record will, upon completion of bri efing, be complete and the issues in dispute in both cases will be ripe for decision. If that isn't the case, the parties can explain their positions. SO ORDERED. Set Deadlines/Hearing as to ( Motion Hearing set for 9/14/2026 at 01:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 8/11/2026) (vfr) Order AND ~Util - Set Motion and R&R Deadlines/Hearings 2 PDF CL
2026-08-14 120 MEMORANDUM OF LAW in Opposition re: 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion,,,,, 84 Clerk's Judgment,, . . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 08/14/2026) Memorandum of Law in Opposition to Motion 22 PDF CL
2026-08-25 121 ORDER: Yesterday evening, plaintiff filed a letter motion with the Court seeking various forms of relief and indicating that it planned to file a motion for expedited relief. In order to ensure that all parties are on the same page, and to see if the Court can cut through some of what's coming next, the Court will hold a remote hearing on August 27, 2026, at 2:00 p.m. The parties should dial in by calling [telephone number removed] and entering the Phone Conference ID: 493 647 114, followed by t he pound (#) sign. Before this call, the Court asks the parties to meet and confer so that an application for expedited relief can be avoided, and issues raised by the pending motion and any further applications can be decided in the ordinary course. SO ORDERED. ( Telephone Conference set for 8/27/2026 at 02:00 PM before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 8/25/2026) (vfr) Order AND ~Util - Set Hearings 2 PDF CL
2026-08-26 122 MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by The Board of Education of The City School District of The City of New York..(Mackie, Gavin) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 08/26/2026) Temporary Restraining Order 3 PDF CL
2026-08-26 123 MEMORANDUM OF LAW in Support re: 122 MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by The Board of Education of The City School District of The City of New York..(Mackie, Gavin) (Entered: 08/26/2026) Memorandum of Law in Support of Motion 36 PDF CL
2026-08-26 124 DECLARATION of Melanie Ash in Support re: 122 MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by The Board of Education of The City School District of The City of New York..(Mackie, Gavin) (Entered: 08/26/2026) Declaration in Support of Motion 4 PDF CL
2026-08-26 125 DECLARATION of Todd Levitt in Support re: 122 MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K).(Mackie, Gavin) (Entered: 08/26/2026) Declaration in Support of Motion 19 PDF CL
2026-08-28 129 ORDER: For the reasons explained on the record at the August 27, 2026, hearing, the Court directs the plaintiff to submit a proposed temporary retraining order to the Court by August 28, 2026, at 4 PM. (As further set forth herein.) (Signed by Judge Arun Subramanian on 8/28/2026) (kgo) Order 2 PDF CL
2026-08-28 130 TEMPORARY RESTRAINING ORDER: It is hereby ORDERED, that Defendants, their officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with them and who receive actual notice of this order by personal service or otherwise, be and they hereby are ENJOINED AND RESTRAINED from obligating, disbursing, processing, returning to the U.S. Treasury, or otherwise making unavailable to Plaintiff by any means at least $11,754,296 of the f unds appropriated for the fiscal year that began on October 1, 2025 for grants under the Magnet School Assistance Program (the "Reserved Funds"); and they hereby are ORDERED to ensure that such Reserved Funds remain available to be obliga ted and disbursed to Plaintiff for the following grants: S165A220032, S165A220034, S165A220037, S165A230011, and S165A230012; and it is further ORDERED, that unless otherwise ordered, this TRO shall expire at 11:59 p.m. on September 21, 2026. (Signed by Judge Arun Subramanian on 8/28/2026) (kgo) Temporary Restraining Order 2 PDF CL
2026-09-04 131 MEMORANDUM OF LAW in Opposition re: 122 MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 09/04/2026) Memorandum of Law in Opposition to Motion 37 PDF CL
2026-09-04 132 REPLY MEMORANDUM OF LAW in Support re: 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion,,,,, 84 Clerk's Judgment,, . . Document filed by The Board of Education of The City School District of The City of New York. (Attachments: # 1 Exhibit A - 6.4.26 Transcript from Argument).(Ash, Melanie) (Entered: 09/04/2026) Reply Memorandum of Law in Support of Motion 15 PDF CL
2026-09-11 134 ORDER granting 133 Letter Motion to Adjourn Conference. GRANTED (with the Court's apologies for missing the conflict). The hearing is adjourned until Friday, September 25, 2026, at 3:00 PM. The TRO, 25-cv-8547, Dkt. 130; 26-cv-6584, Dkt. 31 , is hereby extended to September 25, 2026 at 11:59 PM. The Clerk of Court is respectfully requested to terminate the motion at ECF. 133 in 25-cv-8547 and the motion at ECF. 37 in 26-cv-6584. (Signed by Judge Arun Subramanian on 9/11/2026) (sgz) Order on Motion to Adjourn Conference 2 PDF CL
2026-09-15 136 ORDER: Due to a conflict, the hearing set for September 25, 2026, at 4:00 PM is hereby moved to September 24, 2026, at 12:00 PM. SO ORDERED. ( Status Conference set for 9/24/2026 at 12:00 PM before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 9/15/2026) (jjc) Order AND ~Util - Set Hearings 2 PDF CL
2026-09-23 137 Order 2 PDF CL
2026-07-31 1 COMPLAINT against Murray Bessette, Linda McMahon, Jennifer Todd, United States Department of Education, Lavanna Weems. (Filing Fee $ 405.00, Receipt Number ANYSDC-33226345)Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 07/31/2026) Complaint 54 PDF CL
2026-07-31 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 25-cv-08547. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 07/31/2026) Statement of Relatedness 2 PDF CL
2026-08-28 30 ORDER: For the reasons explained on the record at the August 27, 2026, hearing, the Court directs the plaintiff to submit a proposed temporary retraining order to the Court by August 28, 2026, at 4 PM. (As further set forth herein.) (Signed by Judge Arun Subramanian on 8/28/2026) (kgo) (Entered: 08/28/2026) Order 2 PDF CL
2026-08-28 31 TEMPORARY RESTRAINING ORDER: It is hereby ORDERED, that Defendants, their officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with them and who receive actual notice of this order by personal service or otherwise, be and they hereby are ENJOINED AND RESTRAINED from obligating, disbursing, processing, returning to the U.S. Treasury, or otherwise making unavailable to Plaintiff by any means at least $11,754,296 of the funds appropriated for the fiscal year that began on October 1, 2025 for grants under the Magnet School Assistance Program (the "Reserved Funds"); and they hereby are ORDERED to ensure that such Reserved Funds remain available to be obligated and disbursed to Plaintiff for the following grants: S165A220032, S165A220034, S165A220037, S165A230011, and S165A230012; and it is further ORDERED, that unless otherwise ordered, this TRO shall expire at 11:59 p.m. on September 21, 2026. (Signed by Judge Arun Subramanian on 8/28/2026) (kgo) (Entered: 08/28/2026) Temporary Restraining Order 2 PDF CL
2026-09-01 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/27/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 09/01/2026) Notice of Filing Transcript 1 PDF CL
2026-09-04 36 MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Summary Judgment. . Document filed by Murray Bessette, Linda McMahon, Jennifer Todd, United States Department of Education, Lavanna Weems..(Oestericher, Jeffrey) (Entered: 09/04/2026) Memorandum of Law in Support of Motion 37 PDF CL
2026-09-11 38 ORDER granting 37 Letter Motion to Adjourn Conference. GRANTED (with the Court's apologies for missing the conflict). The hearing is adjourned until Friday, September 25, 2026, at 3:00 PM. The TRO, 25-cv-8547, Dkt. 130; 26-c v-6584, Dkt. 31, is hereby extended to September 25, 2026 at 11:59 PM. The Clerk of Court is respectfully requested to terminate the motion at ECF. 133 in 25-cv-8547 and the motion at ECF. 37 in 26-cv-6584. SO ORDERED. (Signed by Judge Arun Subramanian on 9/11/2026) (sgz) Order on Motion to Adjourn Conference 2 PDF CL
2026-09-18 41 REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Summary Judgment. . Document filed by Murray Bessette, Linda McMahon, Jennifer Todd, United States Department of Education, Lavanna Weems..(Oestericher, Jeffrey) (Entered: 09/18/2026) Reply Memorandum of Law in Support of Motion 15 PDF CL
2026-09-23 42 Order 2 PDF CL

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