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
- 1:26-cv-06584
- Filed
- Last filing
- Assigned judge
- Arun Subramanian
- Nature of suit
- 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
- Cause
- 05:702 Administrative Procedure Act
- Jurisdiction
- U.S. Government Defendant
- Jury demand
- None
- Cite
- 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)
The 9 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.
| No. | Date | Description | Document |
|---|---|---|---|
| 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) | Open(opens another site) | |
| 2 | FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Ash, Melanie) Modified on 8/3/2026 (jgo). (Entered: 07/31/2026) | Open(opens another site) | |
| 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) | Open(opens another site) | |
| 4 | CIVIL COVER SHEET filed..(Ash, Melanie) (Entered: 08/03/2026) | Open(opens another site) | |
| 5 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Education, re: 1 Complaint,. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 08/04/2026) | Open(opens another site) | |
| 6 | REQUEST FOR ISSUANCE OF SUMMONS as to Linda McMahon, re: 1 Complaint,. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 08/04/2026) | Open(opens another site) | |
| 7 | REQUEST FOR ISSUANCE OF SUMMONS as to Murray Bessette, re: 1 Complaint,. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 08/04/2026) | Open(opens another site) | |
| 8 | REQUEST FOR ISSUANCE OF SUMMONS as to Jennifer Todd, re: 1 Complaint,. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 08/04/2026) | Open(opens another site) | |
| 9 | REQUEST FOR ISSUANCE OF SUMMONS as to Lavanna Weems, re: 1 Complaint,. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 08/04/2026) | Open(opens another site) | |
| 10 | NOTICE OF APPEARANCE by June R. Buch on behalf of Board of Education of the City School District of The City of New York..(Buch, June) (Entered: 08/06/2026) | Open(opens another site) | |
| 11 | 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 briefing, 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) (Entered: 08/11/2026) | Open(opens another site) | |
| 12 | ELECTRONIC SUMMONS ISSUED as to Jennifer Todd..(jgo) (Entered: 08/13/2026) | Open(opens another site) | |
| 13 | ELECTRONIC SUMMONS ISSUED as to Lavanna Weems..(jgo) (Entered: 08/13/2026) | Open(opens another site) | |
| 14 | ELECTRONIC SUMMONS ISSUED as to Linda McMahon..(jgo) (Entered: 08/13/2026) | Open(opens another site) | |
| 15 | ELECTRONIC SUMMONS ISSUED as to Murray Bessette..(jgo) (Entered: 08/13/2026) | Open(opens another site) | |
| 16 | ELECTRONIC SUMMONS ISSUED as to United States Department of Education..(jgo) (Entered: 08/13/2026) | Open(opens another site) | |
| 17 | ACKNOWLEDGMENT OF SERVICE of Related Case Statement served on All Defendants on August 20, 2026. Service was accepted by Assistant United States Attorney Jeffrey Oestericher. Document filed by Board of Education of the City School District of The City of New York., ACKNOWLEDGMENT OF SERVICE of Summons and Complaint, served. All Defendants. Service was accepted by Assistant United States Attorney Jeffrey Oestericher. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 08/20/2026) | Open(opens another site) | |
| 18 | NOTICE OF APPEARANCE by Gavin B. Mackie on behalf of Board of Education of the City School District of The City of New York..(Mackie, Gavin) (Entered: 08/22/2026) | Open(opens another site) | |
| 19 | LETTER MOTION for Leave to File Excess Pages And Set Briefing Schedule For Motion for Summary Judgment addressed to Judge Arun Subramanian from Melanie Ash dated 08/24/2026. Document filed by Board of Education of the City School District of The City of New York..(Mackie, Gavin) (Entered: 08/24/2026) | Open(opens another site) | |
| 20 | 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 the 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) (Entered: 08/25/2026) | Open(opens another site) | |
| 21 | MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by 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) | |
| 22 | MOTION for Summary Judgment . Document filed by Board of Education of the City School District of The City of New York..(Mackie, Gavin) (Entered: 08/26/2026) | Open(opens another site) | |
| 23 | MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment ., 21 MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Board of Education of the City School District of The City of New York..(Mackie, Gavin) (Entered: 08/26/2026) | Open(opens another site) | |
| 24 | DECLARATION of Melanie Ash in Support re: 21 MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Board of Education of the City School District of The City of New York..(Mackie, Gavin) (Entered: 08/26/2026) | Open(opens another site) | |
| 25 | DECLARATION of Todd Levitt in Support re: 21 MOTION for Temporary Restraining Order and Preliminary Injunction., 22 MOTION for Summary Judgment .. Document filed by 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) | |
| 26 | NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Murray Bessette, Linda McMahon, Jennifer Todd, United States Department of Education, Lavanna Weems..(Oestericher, Jeffrey) (Entered: 08/27/2026) | Open(opens another site) | |
| 27 | PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Board of Education of the City School District of The City of New York. Related Document Number: 21 ..(Mackie, Gavin) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 08/28/2026) | Open(opens another site) | |
| 28 | LETTER addressed to Judge Arun Subramanian from Gavin B. Mackie dated Aug. 28, 2026 re: Proposed TRO, Doc. 27. Document filed by Board of Education of the City School District of The City of New York..(Mackie, Gavin) (Entered: 08/28/2026) | Open(opens another site) | |
| 29 | ORDER granting 19 Motion for Leave to File Excess Pages. 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) | |
| 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) | Open(opens another site) | |
| 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) | Open(opens another site) | |
| 32 | TRANSCRIPT of Proceedings re: conference held on 8/27/2026 before Judge Arun Subramanian. Court Reporter/Transcriber: Nicole DIMasi, [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 9/22/2026. Redacted Transcript Deadline set for 10/2/2026. Release of Transcript Restriction set for 11/30/2026..(Moya, Goretti) (Entered: 09/01/2026) | Open(opens another site) | |
| 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) | Open(opens another site) | |
| 34 | NOTICE OF APPEARANCE by Bianca Chloe Isaias on behalf of Board of Education of the City School District of The City of New York..(Isaias, Bianca) (Entered: 09/04/2026) | Open(opens another site) | |
| 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) | Open(opens another site) | |
| 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) | Open(opens another site) | |
| 37 | CONSENT LETTER MOTION to Adjourn Conference Scheduled for September 21, 2026 addressed to Judge Arun Subramanian from Melanie Ash dated September 9, 2026. Document filed by Board of Education of the City School District of The City of New York..(Ash, Melanie) (Entered: 09/09/2026) | Open(opens another site) | |
| 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) | Open(opens another site) | |
| 39 | RESPONSE to Motion re: 22 MOTION for Summary Judgment ., 35 MOTION to Dismiss for Lack of Jurisdiction or Alternatively for Summary Judgment., 21 MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Board of Education of the City School District of The City of New York..(Mackie, Gavin) (Entered: 09/11/2026) | Open(opens another site) | |
| 40 | 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) (Entered: 09/15/2026) | Open(opens another site) | |
| 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) | Open(opens another site) | |
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