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.

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Docket entries
No.DateDescriptionDocument
51DECLARATION of Seritta Scott 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. (Attachments: # 1 Exhibit Ex. 1 - Guidance for Annual Performance Report, # 2 Exhibit Ex. 2 - Annual Performance Report).(Ash, Melanie) (Entered: 12/16/2025)Open(opens another site)
52MEMORANDUM 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)Open(opens another site)
53NOTICE OF APPEARANCE by Rachel Miriam Kleinman on behalf of NAACP Legal Defense and Educational Fund, Inc...(Kleinman, Rachel) (Entered: 12/23/2025)Open(opens another site)
54CONSENT MOTION for Leave to File Brief of Amicus Curiae . Document filed by NAACP Legal Defense and Educational Fund, Inc.. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Kleinman, Rachel) (Entered: 12/23/2025)Open(opens another site)
55ORDER granting 54 Motion for Leave to File Document. GRANTED. The attached brief is deemed filed. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 54. SO ORDERED. (Signed by Judge Arun Subramanian on 1/5/2026) (ar) (Entered: 01/05/2026)Open(opens another site)
56MOTION 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)Open(opens another site)
57MEMORANDUM 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)Open(opens another site)
58NOTICE OF APPEARANCE by Martha Astor on behalf of The Defense of Freedom Institute..(Astor, Martha) (Entered: 01/21/2026)Open(opens another site)
59NOTICE OF APPEARANCE by Donald Albert Daugherty, Jr on behalf of The Defense of Freedom Institute..(Daugherty, Donald) (Entered: 01/21/2026)Open(opens another site)
60MOTION for Garry Michael Gaskins, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32294909. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Department of Education. (Attachments: # 1 Affidavit of Good Standing, # 2 Exhibit Cert. of Good Standing, # 3 Proposed Order of Admission).(Gaskins, Garry) (Entered: 01/21/2026)Open(opens another site)
61CONSENT MOTION to File Amicus Brief . Document filed by The Defense of Freedom Institute..(Daugherty, Donald) (Entered: 01/21/2026)Open(opens another site)
62MOTION for Zachary Paul West to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32295024. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Department of Education. (Attachments: # 1 Affidavit of Good Standing, # 2 Exhibit Cert. of Good Standing, # 3 Proposed Order for Admission).(West, Zachary) (Entered: 01/21/2026)Open(opens another site)
63MOTION for Ellen Melton Carr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32295059. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Department of Education. (Attachments: # 1 Affidavit of Good Standing, # 2 Exhibit Cert. of Good Standing, # 3 Proposed Order of Admission).(Carr, Ellen) (Entered: 01/21/2026)Open(opens another site)
64Amicus Curiae APPEARANCE entered by Garry M. Gaskins, II on behalf of State of Oklahoma..(Gaskins, Garry) (Entered: 01/21/2026)Open(opens another site)
65Amicus Curiae APPEARANCE entered by Ellen Carr on behalf of State of Oklahoma..(Carr, Ellen) (Entered: 01/21/2026)Open(opens another site)
66Amicus Curiae APPEARANCE entered by Zachary Paul West on behalf of State of Oklahoma..(West, Zachary) (Entered: 01/21/2026)Open(opens another site)
67CONSENT 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)Open(opens another site)
68ORDER 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)Open(opens another site)
69ORDER FOR ADMISSION PRO HAC VICE granting 60 Motion for Garry Michael Gaskins, II to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Arun Subramanian on 1/29/2026) (sgz) (Entered: 01/29/2026)Open(opens another site)
70ORDER FOR ADMISSION PRO HAC VICE granting 62 Motion for Zachary Paul West to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Arun Subramanian on 1/29/2026) (sgz) (Entered: 01/29/2026)Open(opens another site)
71ORDER FOR ADMISSION PRO HAC VICE granting 63 Motion for Ellen Carr to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Arun Subramanian on 1/29/2026) (jjc) (Entered: 01/29/2026)Open(opens another site)
72MOTION for Donald A. Daugherty, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32354291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Defense of Freedom Institute. (Attachments: # 1 Affidavit Affidavit, # 2 Proposed Order Proposed Order, # 3 Supplement Certificate of Good Standing, # 4 Supplement Certificate of Good Standing).(Daugherty, Donald) (Entered: 02/03/2026)Open(opens another site)
73FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Martha Angelique Astor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32374008. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Defense of Freedom Institute. (Attachments: # 1 Affidavit Affidavit, # 2 Proposed Order Proposed Order, # 3 Supplement AZ Certificate of Good Standing, # 4 Supplement Texas Certificate of Good Standing, # 5 Supplement DC Certificate of Good Standing, # 6 Supplement Florida Certificate of Good Standing).(Astor, Martha) Modified on 2/6/2026 (bc). (Entered: 02/06/2026)Open(opens another site)
74MEMORANDUM 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)Open(opens another site)
75MEMORANDUM 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)Open(opens another site)
76ORDER FOR ADMISSION PRO HAC VICE granting 72 Motion for Donald A. Daugherty, Jr. to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Arun Subramanian on 2/11/2026) (jjc) Transmission to Attorney Services/Help Desk. (Entered: 02/11/2026)Open(opens another site)
77NOTICE OF APPEARANCE by Blair Greenwald on behalf of State of New York..(Greenwald, Blair) (Entered: 02/13/2026)Open(opens another site)
78CONSENT 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)Open(opens another site)
79SECOND MOTION for Martha Angelique Astor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Defense of Freedom Institute. (Attachments: # 1 Affidavit Affidavit, # 2 Proposed Order Proposed Order, # 3 Supplement Florida Certificate of Good Standing, # 4 Supplement Arizona Certificate of Good Standing, # 5 Supplement Texas Certificate of Good Standing, # 6 Supplement DC Certificate of Good Standing).(Astor, Martha) (Entered: 02/14/2026)Open(opens another site)
80REPLY 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)Open(opens another site)
81ORDER FOR ADMISSION PRO HAC VICE granting 79 Motion for Martha Angelique Astor to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Arun Subramanian on 3/5/2026) (sgz) (Entered: 03/05/2026)Open(opens another site)
82MEMO 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)Open(opens another site)
83OPINION 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)Open(opens another site)
84CLERK'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)Open(opens another site)
85MOTION 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)Open(opens another site)
86DECLARATION 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)Open(opens another site)
87DECLARATION 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)Open(opens another site)
88MEMORANDUM 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)Open(opens another site)
89MOTION 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)Open(opens another site)
90ORDER: 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)Open(opens another site)
91LETTER MOTION for Extension of Time to File Response/Reply as to 85 MOTION to Enforce Judgment By Order to Show Cause. addressed to Judge Arun Subramanian from Melanie Ash dated May 18, 2026. Document filed by The Board of Education of The City School District of The City of New York. Return Date set for 5/25/2026 at 05:00 PM..(Ash, Melanie) (Entered: 05/18/2026)Open(opens another site)
92ORDER granting 91 Letter Motion for Extension of Time to File Response/Reply Defendants may file their Opposition to the motion to enforce by 5pm on Friday, May 22nd, and Plaintiff may file any reply by 5pm on Wednesday, May 27th. (HEREBY ORDERED by Judge Arun Subramanian)(Text Only Order) (sss) (Entered: 05/19/2026)Open(opens another site)
93MEMORANDUM OF LAW in Opposition re: 85 MOTION to Enforce Judgment By Order to Show Cause. . Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 05/22/2026)Open(opens another site)
94DECLARATION of Murray Bessette in Opposition re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. (Attachments: # 1 Exhibit A -- April 17 Letters, # 2 Exhibit B -- GANs, # 3 Exhibit C -- April 22 Emails, # 4 Exhibit D -- April 28 to May 1 Email Trail).(Oestericher, Jeffrey) (Entered: 05/22/2026)Open(opens another site)
95DECLARATION of Jennifer Todd in Opposition re: 85 MOTION to Enforce Judgment By Order to Show Cause.. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 05/22/2026)Open(opens another site)
96DECLARATION of Todd Levitt (Supplemental) 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 - G5 Grant Award System Screenshots).(Ash, Melanie) (Entered: 05/27/2026)Open(opens another site)
97REPLY 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..(Ash, Melanie) (Entered: 05/27/2026)Open(opens another site)
98REPLY 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)Open(opens another site)
99ORDER: 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)Open(opens another site)
100LETTER MOTION to Adjourn Conference addressed to Judge Arun Subramanian from Melanie Ash dated May 28, 2026. Document filed by The Board of Education of The City School District of The City of New York. Return Date set for 6/2/2026 at 03:30 PM..(Ash, Melanie) (Entered: 05/28/2026)Open(opens another site)