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
101ORDER 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)Open(opens another site)
102JOINT 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)Open(opens another site)
103ORDER granting 89 Motion to Withdraw as Attorney. Upon consideration of Abhishek Kamblis Motion to Withdraw as Attorney for all Defendants in this matter, ECF 89, it is hereby: ORDERED that Abhishek Kambli's Motion is GRANTED; and it is further ORDERED that Abhishek Kambli is discharged from any and all further obligations of representation for the Defendants in the above-captioned case. SO ORDERED.. (Signed by Judge Arun Subramanian on 6/3/2026) Attorney Abhishek Kambli terminated (ks) (Entered: 06/03/2026)Open(opens another site)
104ORDER 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)Open(opens another site)
105NOTICE 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)Open(opens another site)
106MANDATE 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)Open(opens another site)
107SECOND 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)Open(opens another site)
108DECLARATION 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)Open(opens another site)
109DECLARATION of Melanie Ash 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 - 6.5.26 Email from Ash to Oestericher, # 2 Exhibit B - Bessette Declaration and USDE Policy Memo).(Ash, Melanie) (Entered: 07/10/2026)Open(opens another site)
110MEMORANDUM 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)Open(opens another site)
111NOTICE OF APPEARANCE by Hope Lu on behalf of The Board of Education of The City School District of The City of New York..(Lu, Hope) (Entered: 07/10/2026)Open(opens another site)
112ORDER : 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)Open(opens another site)
113LETTER 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)
114MEMO ENDORSEMENT on re: 113 Letter,, filed by Lindsey M Burke, Craig W Trainor, Linda McMahon, United States Department of Education. ENDORSEMENTl Defendants object to amendment of the complaint in this procedural posture. If plaintiff would otherwise seek to amend the complaint, the plaintiff should respond to defendants' objection by the original July 24 deadline, so that the Court is aware of the plaintiff's position and its intention with respect to any amendment (or oher action, such as the filing of a new complaint). SO ORDERED. (Signed by Judge Arun Subramanian on 7/22/2026) (sgz) (Entered: 07/22/2026)Open(opens another site)
115LETTER addressed to Judge Arun Subramanian from Melanie Ash dated July 24, 2026 re: Plaintiff's Response to the Court's Order (by Memo Endorsement) of July 22, 2026, Dkt 114. Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 07/24/2026)Open(opens another site)
116SUPPLEMENTAL 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)Open(opens another site)
117CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 112 Order,,, 107 SECOND MOTION to Enforce Judgment re: 104 Order on Motion to Enforce Judgment,, 83 Memorandum & Opinion,,,,, 84 Clerk's Judgment,, . addressed to Judge Arun Subramanian from AUSA Jeffrey Oestericher dated 07/28/2026. Document filed by Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education..(Oestericher, Jeffrey) (Entered: 07/28/2026)Open(opens another site)
118ORDER 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)Open(opens another site)
119ORDER: 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)Open(opens another site)
120MEMORANDUM 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)Open(opens another site)
121ORDER: 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)Open(opens another site)
122MOTION 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)Open(opens another site)
123MEMORANDUM 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)Open(opens another site)
124DECLARATION 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)Open(opens another site)
125DECLARATION 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)Open(opens another site)
126PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by The Board of Education of The City School District of The City of New York. Related Document Number: 122 ..(Mackie, Gavin) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 08/28/2026)Open(opens another site)
127LETTER addressed to Judge Arun Subramanian from Gavin B. Mackie dated Aug. 28, 2026 re: Proposed TRO. Document filed by The Board of Education of The City School District of The City of New York..(Mackie, Gavin) (Entered: 08/28/2026)Open(opens another site)
128ENDORSED LETTER addressed to Judge Arun Subramanian from Melanie Ash dated 8/24/2026 re: Motion to enforce. ENDORSEMENT: GRANTED. The proposed briefing schedule is accepted, and the request to file excess pages is granted nunc pro tunc. The conference scheduled for September 14, 2026 is hereby adjourned until September 21, 2026 at 4:00 PM. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 19 in 26-cv-6584. (Signed by Judge Arun Subramanian on 8/28/2026) (kgo) (Entered: 08/28/2026)Open(opens another site)
129ORDER: 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)Open(opens another site)
130TEMPORARY 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)Open(opens another site)
131MEMORANDUM 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)Open(opens another site)
132REPLY 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)Open(opens another site)
133LETTER MOTION to Adjourn Conference Scheduled for September 21, 2026 addressed to Judge Arun Subramanian from Melanie Ash dated September 9, 2026. Document filed by The Board of Education of The City School District of The City of New York..(Ash, Melanie) (Entered: 09/09/2026)Open(opens another site)
134ORDER 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)Open(opens another site)
135No descriptionOpen(opens another site)
136ORDER: 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)Open(opens another site)
137No descriptionOpen(opens another site)
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Bianca Chloe Isaias. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bianca Chloe Isaias. The party information for the following party/parties has been modified: Lindsey M Burke, Linda McMahon, Craig W Trainor, United States Department of Education. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
Case Designated ECF. (pc)
Set/Reset Hearings:( Status Conference set for 11/10/2025 at 10:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian.), Set/Reset Deadlines: ( Replies due by 11/5/2025.) (sgz)
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Minute Entry for proceedings held before Judge Arun Subramanian: Motion Hearing held on 11/13/2025. (Court Reporter Doug Colavito) (kh)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 63 MOTION 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.. The document has been reviewed and there are no deficiencies. (rju)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION 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.. The document has been reviewed and there are no deficiencies. (rju)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 62 MOTION 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.. The document has been reviewed and there are no deficiencies. (rju)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 72 MOTION 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.. The document has been reviewed and there are no deficiencies. (bc)
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