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

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

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)

CIVIL COVER SHEET filed..(Isaias, Bianca) (Entered: 10/16/2025)

NOTICE 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)

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 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 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)

1 Exhibit Sept 16 Trainor Letter

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2 Exhibit Sept 19 NYCPS Letter

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3 Exhibit Sept 20 Trainor Email

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4 Exhibit Sept 26 Burke Letter

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5 Exhibit NYCPS Guidelines

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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: 10/16/2025)

1 Exhibit First Year Grant Award Notifications

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2 Exhibit Amended Grant Award Notifications

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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)

NOTICE 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)

ORDER: 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)

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)

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)

***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)

***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)

***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 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 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)

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)

REQUEST 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)

REQUEST 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)

REQUEST 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)

REQUEST 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)

ELECTRONIC SUMMONS ISSUED as to Lindsey M Burke..(pc) (Entered: 10/27/2025)

ELECTRONIC SUMMONS ISSUED as to Craig W Trainor..(pc) (Entered: 10/27/2025)

ELECTRONIC SUMMONS ISSUED as to Linda McMahon..(pc) (Entered: 10/27/2025)

ELECTRONIC SUMMONS ISSUED as to United States Department of Education..(pc) (Entered: 10/27/2025)

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)

NOTICE 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)

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: 10/30/2025)

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)

1 Exhibit A - Chart of Elements Not Plausibly Alleged by Plaintiff

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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)

1 Exhibit 1 - Brookyln GAN

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2 Exhibit 2 - Brooklyn and Queens GAN

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3 Exhibit 3 - Queens GAN

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4 Exhibit 4 - Continuation GANs

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5 Exhibit 5 - Bronx GAN

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6 Exhibit 6 - Manhattan GAN

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7 Exhibit 7 - Supplemental GANs

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8 Exhibit 8 - September 16 Letter

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9 Exhibit 9 - September 26 Letter

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10 Exhibit 10 - Non-continuation GANs

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11 Exhibit 11 - G5 Award History Reports

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CONSENT 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)

ORDER 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)

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)

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)

1 Exhibit Plaintiff's Response to Defendants' Chart of Elements re Motio

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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)

1 Exhibit Plaintiff's Response to Defendants' Chart of Elements re Motio

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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)

NOTICE 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)

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)

1 Exhibit First Year Grant Award Notifications

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2 Exhibit Amended Grant Award Notifications

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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)

NOTICE 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)

REPLY 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)

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)

Minute Entry for proceedings held before Judge Arun Subramanian: Motion Hearing held on 11/13/2025. (Court Reporter Doug Colavito) (kh)

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)

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)

LETTER 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)

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)

PROPOSED 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)

CONSENT ORDER AND WITHDRAWAL OF MOTION FOR PRELIMINARY INJUNCTION terminating 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) (Entered: 11/20/2025)

NOTICE 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)

LETTER 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)

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)

TRANSCRIPT of Proceedings re: CONFERENCE held on 11/13/2025 before Judge Arun Subramanian. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. 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)

NOTICE 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)

Motion Hearing

LETTER 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)

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)

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)

DECLARATION 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)

1 Exhibit Ex. 1 - Guidance for Annual Performance Report

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2 Exhibit Ex. 2 - Annual Performance Report

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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)

NOTICE OF APPEARANCE by Rachel Miriam Kleinman on behalf of NAACP Legal Defense and Educational Fund, Inc...(Kleinman, Rachel) (Entered: 12/23/2025)

CONSENT 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)

ORDER 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)

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 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)

NOTICE OF APPEARANCE by Martha Astor on behalf of The Defense of Freedom Institute..(Astor, Martha) (Entered: 01/21/2026)

NOTICE OF APPEARANCE by Donald Albert Daugherty, Jr on behalf of The Defense of Freedom Institute..(Daugherty, Donald) (Entered: 01/21/2026)

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. 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)

CONSENT MOTION to File Amicus Brief . Document filed by The Defense of Freedom Institute..(Daugherty, Donald) (Entered: 01/21/2026)

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. 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)

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. 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)

Amicus Curiae APPEARANCE entered by Garry M. Gaskins, II on behalf of State of Oklahoma..(Gaskins, Garry) (Entered: 01/21/2026)

Amicus Curiae APPEARANCE entered by Ellen Carr on behalf of State of Oklahoma..(Carr, Ellen) (Entered: 01/21/2026)

Amicus Curiae APPEARANCE entered by Zachary Paul West on behalf of State of Oklahoma..(West, Zachary) (Entered: 01/21/2026)

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)

1 Exhibit Proposed Amicus Brief

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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)

>>>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. 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. 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)

ORDER 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)

ORDER 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)

ORDER 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)

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. 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)

>>>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)

>>>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)

FILING 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)

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 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)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 73 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... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida, not state bar;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc)

ORDER 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)

NOTICE OF APPEARANCE by Blair Greenwald on behalf of State of New York..(Greenwald, Blair) (Entered: 02/13/2026)

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)

1 Exhibit Proposed Amicus Brief

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SECOND 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)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 79 SECOND MOTION for Martha Angelique Astor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 79 SECOND MOTION for Martha Angelique Astor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)