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

Court
S.D.N.Y.
Docket number
1:25-cv-08547
Filed
Terminated
Last filing
Assigned judge
Arun Subramanian
Nature of suit
899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause
05:551 Administrative Procedure Act
Jurisdiction
U.S. Government Defendant
Jury demand
None
Case
Board of Education of the City School District of the City of New York v. United States Department of Education
Cite
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)
Source
Docket on CourtListener(opens another site)

The 103 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1COMPLAINT 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)Open(opens another site)
2CIVIL COVER SHEET filed..(Isaias, Bianca) (Entered: 10/16/2025)Open(opens another site)
3NOTICE OF APPEARANCE by Melanie Calandra Teresa Ash on behalf of The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 10/16/2025)Open(opens another site)
4EMERGENCY 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)Open(opens another site)
5DECLARATION 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)Open(opens another site)
6DECLARATION 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)Open(opens another site)
7FILING 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)Open(opens another site)
8MEMORANDUM 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)Open(opens another site)
9NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 13, 2025 at 10:00 AM, in Courtroom 15A, 500 Pearl Street, New York, NY 10007. Initial Conference 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 10/16/2025) (sgz) (Entered: 10/16/2025)Open(opens another site)
10ORDER: The Court is in receipt of plaintiffs motion for a preliminary injunction. Dkt. 4. Defendants are ordered to file any opposition brief to the motion on or before October 30, 2025. Plaintiffs may file a reply brief in support of the motion on or before November 3, 2025. The Court will hold a hearing on the motion at 10 a.m. on Friday, November 7, 2025 in Courtroom 15A of the 500 Pearl Street courthouse. Plaintiff is ordered to immediately serve an electronic copy of this order on all defendants who have not yet filed an appearance. SO ORDERED. (Signed by Judge Arun Subramanian on 10/16/2025) Responses due by 10/30/2025 Replies due by 11/3/2025. Status Conference set for 11/7/2025 at 10:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian. (ar) (Entered: 10/16/2025)Open(opens another site)
11NOTICE OF APPEARANCE by Emeline Kong on behalf of The Board of Education of The City School District of The City of New York..(Kong, Emeline) (Entered: 10/20/2025)Open(opens another site)
12ORDER: 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)Open(opens another site)
13REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by The Board of Education of The City School District of The City of New York..(Isaias, Bianca) (Entered: 10/24/2025)Open(opens another site)
14REQUEST FOR ISSUANCE OF SUMMONS as to Linda McMahon, re: 1 Complaint,. Document filed by The Board of Education of The City School District of The City of New York..(Isaias, Bianca) (Entered: 10/24/2025)Open(opens another site)
15REQUEST FOR ISSUANCE OF SUMMONS as to Craig W. Trainor, re: 1 Complaint,. Document filed by The Board of Education of The City School District of The City of New York..(Isaias, Bianca) (Entered: 10/24/2025)Open(opens another site)
16REQUEST FOR ISSUANCE OF SUMMONS as to Lindsey M. Burke, re: 1 Complaint,. Document filed by The Board of Education of The City School District of The City of New York..(Isaias, Bianca) (Entered: 10/24/2025)Open(opens another site)
17ELECTRONIC SUMMONS ISSUED as to Lindsey M Burke..(pc) (Entered: 10/27/2025)Open(opens another site)
18ELECTRONIC SUMMONS ISSUED as to Craig W Trainor..(pc) (Entered: 10/27/2025)Open(opens another site)
19ELECTRONIC SUMMONS ISSUED as to Linda McMahon..(pc) (Entered: 10/27/2025)Open(opens another site)
20ELECTRONIC SUMMONS ISSUED as to United States Department of Education..(pc) (Entered: 10/27/2025)Open(opens another site)
21AFFIDAVIT 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)Open(opens another site)
22NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 10/29/2025)Open(opens another site)
23MOTION to Dismiss for Lack of Jurisdiction . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 10/30/2025)Open(opens another site)
24MEMORANDUM 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)Open(opens another site)
25DECLARATION 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)Open(opens another site)
26CONSENT LETTER MOTION for Extension of Time and Change of Preliminary Injunction Hearing Date addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 10/31/2025. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 10/31/2025)Open(opens another site)
27ORDER granting 26 Letter Motion for Extension of Time. GRANTED. The hearing is rescheduled to Monday, November 10, at 10 a.m. in Courtroom 15A. Plaintiff's reply brief will be due on November 5. The clerk is respectfully directed to terminate the motion at Dkt. 26. (Signed by Judge Arun Subramanian on 11/3/2025) (sgz) (Entered: 11/03/2025)Open(opens another site)
28REPLY 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)Open(opens another site)
29MEMORANDUM 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)Open(opens another site)
30ORDER: 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)Open(opens another site)
31NOTICE OF APPEARANCE by Abhishek Kambli on behalf of Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Kambli, Abhishek) (Entered: 11/06/2025)Open(opens another site)
32DECLARATION 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)Open(opens another site)
33ORDER : 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)Open(opens another site)
34NOTICE OF APPEARANCE by Gavin Bradford Mackie on behalf of The Board of Education of The City School District of The City of New York..(Mackie, Gavin) (Entered: 11/12/2025)Open(opens another site)
35REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 11/12/2025)Open(opens another site)
36ORDER: 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)Open(opens another site)
37LETTER 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)Open(opens another site)
38MEMO 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)Open(opens another site)
39LETTER MOTION for Extension of Time to file proposed agreement regarding preliminary relief addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 11/18/2025. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 11/18/2025)Open(opens another site)
40ORDER 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)Open(opens another site)
41PROPOSED CONSENT ORDER. Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 11/19/2025)Open(opens another site)
42CONSENT 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)Open(opens another site)
43NOTICE OF APPEARANCE by June R. Buch on behalf of The Board of Education of The City School District of The City of New York..(Buch, June) (Entered: 11/20/2025)Open(opens another site)
44LETTER MOTION to Seal the Administrative Record and Deliver the Administrative Record to the Court addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 11/25/2025. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 11/25/2025)Open(opens another site)
45ORDER 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)Open(opens another site)
46TRANSCRIPT of Proceedings re: CONFERENCE held on 11/13/2025 before Judge Arun Subramanian. Court Reporter/Transcriber: Doug Colavito, [telephone number removed]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2025. Redacted Transcript Deadline set for 1/9/2026. Release of Transcript Restriction set for 3/9/2026..(Moya, Goretti) (Entered: 12/09/2025)Open(opens another site)
47NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/13/2025 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: 12/09/2025)Open(opens another site)
48LETTER MOTION for Leave to File Excess Pages addressed to Judge Arun Subramanian from Board of Education of the City School District of the City of New York dated 12/15/2025. Document filed by The Board of Education of The City School District of The City of New York..(Mackie, Gavin) (Entered: 12/15/2025)Open(opens another site)
49ORDER 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)Open(opens another site)
50MOTION 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)Open(opens another site)