Case: Afterschool for Children and Teens (ACT) Now v. United States Department Of Education

1:25-cv-15704 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 29, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

This case challenges the U.S. Department of Education’s decision to discontinue two previously awarded, multi-year federal education grants supporting full-service community schools in Illinois. On December 29, 2025, Afterschool for Children and Teens NOW (ACT Now) Coalition and Metropolitan Family Services filed this lawsuit in the U.S. District Court for the Northern District of Illinois against the U.S. Department of Education and Linda McMahon, in her official capacity as Secretary of Educa…

This case challenges the U.S. Department of Education’s decision to discontinue two previously awarded, multi-year federal education grants supporting full-service community schools in Illinois.

On December 29, 2025, Afterschool for Children and Teens NOW (ACT Now) Coalition and Metropolitan Family Services filed this lawsuit in the U.S. District Court for the Northern District of Illinois against the U.S. Department of Education and Linda McMahon, in her official capacity as Secretary of Education. The plaintiffs sought declaratory and injunctive relief vacating the Department’s notices of non-continuation and denial letters for two Full-Service Community Schools (FSCS) grants awarded under Title IV, Part F, Subpart 2 of the Elementary and Secondary Education Act.

According to the complaint, Congress created the FSCS program to support stable, multi-year investments in high-need schools through integrated academic, health, family, and community services. Plaintiffs alleged that their two grants, awarded in 2023 for five-year project periods running from January 1, 2024 through December 31, 2028, served approximately 19,000 students across Illinois and supported dozens of school districts and community partners through mental health services, afterschool programming, family engagement, food insecurity initiatives, and other schoolwide interventions. Plaintiffs further alleged that they had received continuation funding for 2025, remained in full compliance with all programmatic and fiscal requirements, and submitted all required reports.

The complaint alleged that on December 12, 2025, nineteen days before the end of the current budget period, the Department issued notices stating that it would not continue the grants for the next budget period because the programs reflected the prior administration’s policy priorities and no longer served the “best interest of the Federal Government.” Plaintiffs timely sought reconsideration, but on December 29, 2025, the Department denied those requests. According to the complaint, the Department did not identify any deficiencies in grant performance, compliance, or progress toward project objectives, instead relying on excerpts from the originally approved grant applications and on language plaintiffs included to satisfy statutory application requirements.

The complaint asserted three Administrative Procedure Act claims and five constitutional claims. Plaintiffs alleged that the Department’s non-continuation decisions were arbitrary and capricious because they lacked a reasoned explanation tied to grantee performance, ignored reconsideration submissions, and relied on vague assertions that continuation was not in the federal government’s best interest. They further alleged that the Department acted contrary to law by retroactively reinterpreting continuation regulations to permit a second review of approved applications based on unpublished policy preferences, and exceeded its statutory authority by treating compliance with Section 427 of the General Education Provisions Act as a basis for denying continuation funding.

Plaintiffs also brought constitutional claims under the Spending Clause, separation of powers, the Fifth Amendment, and the First Amendment. They alleged that the Department imposed retroactive, extra-statutory funding conditions based on current policy preferences, intruding on Congress’s authority over federal spending. They further argued that the undefined “best interest of the Federal Government” standard is impermissibly vague and that the compressed timeline for notice and reconsideration deprived them of procedural due process. Finally, plaintiffs alleged First Amendment violations, claiming the Department both retaliated against protected speech expressed in the grant applications and imposed an unconstitutional condition by effectively requiring plaintiffs to disavow those viewpoints to receive continued funding.

Plaintiffs alleged that, absent immediate relief, they would be forced to cease all FSCS-funded operations on January 1, 2026, terminate staff, unwind contracts, sever community partnerships, and dismantle statewide community school infrastructure mid-school year. They sought vacatur of the non-continuation notices and denial letters, reinstatement and release of continuation funding consistent with governing statutes and regulations, preliminary and permanent injunctive relief, declaratory relief, and attorneys’ fees and costs.

On December 29, 2025, the same day the complaint was filed, the plaintiffs moved for a temporary restraining order (TRO) and filed a memorandum in support, seeking emergency relief to prevent termination of their federal grant funding.

The following day on December 30, 2025, the court granted pro hac vice motions for plaintiffs’ counsel and set an emergency hearing on the TRO for December 31, 2025.

On December 31, 2025, the court held the emergency hearing and denied plaintiffs’ motion for a TRO for reasons stated on the record, allowing the funding termination to proceed.

On January 6, 2026, the court held a status hearing, issued summons, and later reassigned the case to Judge Martha M. Pacold for all further proceedings.

Between January 27 and February 24, 2026, the court held a series of status hearings, during which the parties reported ongoing negotiations, and the court continued the matter multiple times.

On March 5, 2026, the parties informed the court that they had reached an interim resolution through the end of the school year, and the court set a briefing schedule on defendants’ anticipated motion to dismiss.

On March 16, 2026, defendants filed a motion to dismiss for lack of jurisdiction, along with a supporting memorandum and exhibits. Ten days later, on March 26, 2026, plaintiffs filed their opposition to the motion to dismiss.

The court scheduled oral argument on the motion to dismiss for April 13, 2026.

The case remains ongoing at the pleadings stage.

Summary Authors

Jack Buckfire (4/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72083484/parties/afterschool-for-children-and-teens-act-now-v-united-states-department-of/

Judge(s)

Durkin, Thomas Michael (Illinois)

Attorney for Plaintiff

Chablani, Aneel Lachman (Illinois)

Diaz-Pollack, Beatriz Adriana (Illinois)

Attorney for Defendant

Chicago, AUSA - (Illinois)

Cull, Thomas (Illinois)

Judge(s)

Durkin, Thomas Michael (Illinois)

Pacold, Martha Maria (Illinois)

Attorney for Plaintiff

Chablani, Aneel Lachman (Illinois)

Diaz-Pollack, Beatriz Adriana (Illinois)

Hady, Elizabeth Mary (Illinois)

Merolli, Emily Kiyoko (Illinois)

Ortega, Michael R. (Illinois)

Skinner, Jocelyn Eskow (Illinois)

Solberg, Scott C. (Illinois)

Solotorovsky, Alec J. (Illinois)

Attorney for Defendant

Chicago, AUSA - (Illinois)

Cull, Thomas (Illinois)

Johnson, Patrick Walter (Illinois)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

59 1:25-cv-15704	Notification of Docket Entry Afterschool for Children and Teens (ACT) Now et al. v. United States Department Of Education et al.	June 26, 2026	June 26, 2026 Docket
61 1:25-cv-15704	Notification of Docket Entry Afterschool for Children and Teens (ACT) Now et al. v. United States Department Of Education et al.	June 26, 2026	June 26, 2026 Docket
1 1:25-cv-15704	Complaint Afterschool for Children and Teens now v. U.S. Department of Education	Dec. 29, 2025	Dec. 29, 2025 Complaint
5 1:25-cv-15704	Motion for Temporary Restraining Order Afterschool for Children and Teens (ACT Now) et al. v. United States Department Of Education et al.	Dec. 29, 2025	Dec. 29, 2025 Pleading / Motion / Brief
46 1:25-cv-15704	Plaintiffs' Motion for Preliminary Injunction Afterschool for Children and Teens (ACT Now) et al. v. United States Department Of Education et al.	April 30, 2026	April 30, 2026 Pleading / Motion / Brief
60 1:25-cv-15704	Memorandum Opinion and Order Afterschool for Children and Teens (ACT) Now et al. v. United States Department Of Education et al.	June 26, 2026	June 26, 2026 Order/Opinion 2026 WL 1847100
62 1:25-cv-15704	Memorandum Opinion and Order Afterschool for Children and Teens (ACT) Now et al. v. United States Department Of Education et al.	June 26, 2026	June 26, 2026 Order/Opinion 2026 WL 1847509
66 1:25-cv-15704	Notice of Appeal Afterschool for Children and Teens (ACT Now) et al. v. United States Department Of Education et al.	July 13, 2026	July 13, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72083484/afterschool-for-children-and-teens-act-now-v-united-states-department-of/

Last updated July 29, 2026, 8:09 p.m.

ECF Number	Date	Description	Link
1	Dec. 29, 2025	COMPLAINT filed by Afterschool for Children and Teens (ACT) Now; Filing fee $ 405, receipt number AILNDC-24522449. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet)(Chablani, Aneel) (Entered: 12/29/2025) 1 Civil Cover Sheet View on RECAP 2 Civil Cover Sheet View on PACER	Clearinghouse
2	Dec. 29, 2025	ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Aneel Lachman Chablani (Chablani, Aneel) (Entered: 12/29/2025)	RECAP
3	Dec. 29, 2025	Complaint Exhibits by Afterschool for Children and Teens (ACT) Now (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Declaration Merolli)(Chablani, Aneel) (Entered: 12/29/2025) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on RECAP 10 Exhibit View on PACER 11 Exhibit View on RECAP 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Declaration Merolli View on PACER	RECAP
4	Dec. 29, 2025	ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Beatriz Adriana Diaz-Pollack (Diaz-Pollack, Beatriz) (Entered: 12/29/2025)	RECAP
5	Dec. 29, 2025	MOTION by Plaintiff Afterschool for Children and Teens (ACT) Now for temporary restraining order (Attachments: # 1 Text of Proposed Order)(Chablani, Aneel) (Entered: 12/29/2025) 1 Text of Proposed Order View on RECAP	Clearinghouse
6	Dec. 29, 2025	MOTION by Plaintiff Afterschool for Children and Teens (ACT) Now for temporary restraining order Memorandum in Support of Motion (Attachments: # 1 Appendix, # 2 Declaration Merolli, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Chablani, Aneel) (Entered: 12/29/2025) 1 Appendix View on RECAP 2 Declaration Merolli View on Clearinghouse 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER	Clearinghouse
7	Dec. 29, 2025	CERTIFICATE of Service of Motion for Temporary Restraining Order by Aneel Lachman Chablani on behalf of All Plaintiffs regarding MOTION by Plaintiff Afterschool for Children and Teens (ACT) Now for temporary restraining order 5 (Chablani, Aneel) (Entered: 12/29/2025)	RECAP
8	Dec. 30, 2025	MOTION for Leave to Appear Pro Hac Vice on behalf of Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Emily Kiyoko Merolli; Filing fee $ 150, receipt number AILNDC-24524491. (Attachments: # 1 Affidavit)(Merolli, Emily) (Entered: 12/30/2025)	RECAP
9	Dec. 30, 2025	MOTION for Leave to Appear Pro Hac Vice on behalf of Afterschool for Children and Teens (ACT) Now by Jocelyn Eskow Skinner; Filing fee $ 150, receipt number AILNDC-24524552. (Attachments: # 1 Supplement)(Skinner, Jocelyn) (Entered: 12/30/2025)	RECAP
10	Dec. 30, 2025	MINUTE entry before the Honorable Thomas M. Durkin: Motions to appear pro hac vice 8 9 are granted. Mailed notice. (ecw, ) (Entered: 12/30/2025)	RECAP
11	Dec. 30, 2025	MINUTE entry before the Honorable Martha M. Pacold: This order is entered by Judge Pacold as Emergency Judge. Telephone emergency motion hearing on plaintiff's motion for temporary restraining order, 5, set for 12/31/2025 at 9:30 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 12/30/2025)	RECAP
12	Dec. 30, 2025	DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Defendants Linda McMahon, United States Department Of Education (Johnson, Patrick) (Entered: 12/30/2025)	RECAP
	Dec. 30, 2025	case assigned
	Dec. 30, 2025	clerk's notice
	Dec. 30, 2025	CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (lj, )
	Dec. 30, 2025	CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lj, )
13	Dec. 31, 2025	MINUTE entry before the Honorable Martha M. Pacold: This order is entered by Judge Pacold as Emergency Judge. Telephone emergency motion hearing held on 12/31/2025. Plaintiffs' motion for temporary restraining order, 5, is denied for the reasons stated on the record. Telephone status hearing set for 1/6/2026 at 11:30 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 12/31/2025)	Clearinghouse
14	Dec. 31, 2025	ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/02/2026)	RECAP
15	Dec. 31, 2025	ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/05/2026)	RECAP
16	Jan. 6, 2026	NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Chablani, Aneel) (Entered: 01/06/2026)	RECAP
17	Jan. 6, 2026	SUMMONS Submitted (Court Participant) for defendant(s) United States Department of Education by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services (Skinner, Jocelyn) (Entered: 01/06/2026)	RECAP
18	Jan. 6, 2026	SUMMONS Submitted (Court Participant) for defendant(s) Linda McMahon by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services (Skinner, Jocelyn) (Entered: 01/06/2026)	RECAP
19	Jan. 6, 2026	SUMMONS Issued (Court Participant) as to Linda McMahon and United States Department Of Education (Attachments: # 1 summons)(axk, ) (Entered: 01/06/2026)	RECAP
20	Jan. 6, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 1/6/2026 and continued to 1/27/2026 at 9:20 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 01/06/2026)	RECAP
21	Jan. 6, 2026	MINUTE entry before the Executive Committee: Case reassigned to the Honorable Martha M. Pacold for all further proceedings pursuant to Rule 13 of the Internal Operating Procedures of this Court (Like Kind Agreement IOP13). Mailed notice (Attachments: # 1 Request for Reassignment) (lj, ) (Entered: 01/07/2026) 1 Request for Reassignment View on RECAP	RECAP
22	Jan. 27, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 1/27/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 2/10/2026 at 9:40 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 01/27/2026)	RECAP
23	Feb. 10, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 2/10/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 2/17/2026 at 9:20 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 02/10/2026)	RECAP
24	Feb. 17, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 2/17/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 2/24/2026 at 9:30 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 02/17/2026)	RECAP
25	Feb. 24, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 2/24/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 3/5/2026 at 9:40 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 02/24/2026)	RECAP
26	March 5, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 3/5/2026. The parties report that they have reached an interim resolution through the end of the school year. Defendants' motion to dismiss to be filed by 3/16/2026. Plaintiffs shall file their response no later than 3/26/2026. Defendants shall file their reply no later than 3/31/2026. Oral argument set for 4/13/2026 at 11:00 a.m. in Courtroom 2325. Each party will be given 30 minutes to argue the motion. Mailed notice. (lxk, ) (Entered: 03/05/2026)	RECAP
27	March 16, 2026	DESIGNATION of Thomas Cull as U.S. Attorney for Defendants Linda McMahon, United States Department Of Education (Cull, Thomas) (Entered: 03/16/2026)	RECAP
28	March 16, 2026	MOTION by Defendants Linda McMahon, United States Department Of Education to dismiss for lack of jurisdiction (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Cull, Thomas) (Entered: 03/16/2026) 1 Memorandum in Support View on Clearinghouse 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP	Clearinghouse
29	March 25, 2026	ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Michael R. Ortega (Ortega, Michael) (Entered: 03/25/2026)	RECAP
30	March 26, 2026	RESPONSE by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Servicesin Opposition to MOTION by Defendants Linda McMahon, United States Department Of Education to dismiss for lack of jurisdiction 28 (Ortega, Michael) (Entered: 03/26/2026)	Clearinghouse
31	March 31, 2026	RESPONSE by Linda McMahon, United States Department Of Educationin Support of MOTION by Defendants Linda McMahon, United States Department Of Education to dismiss for lack of jurisdiction 28 (Cull, Thomas) (Entered: 03/31/2026)	RECAP
32	April 1, 2026	SUPPLEMENT to response in opposition to motion, 30 Notice of Supplemental Authority (Ortega, Michael) (Entered: 04/01/2026)	RECAP
33	April 1, 2026	EXHIBIT by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services regarding supplement 32 (Ortega, Michael) (Entered: 04/01/2026)	RECAP
34	April 9, 2026	SUPPLEMENT to response in opposition to motion, 30 Notice of Supplemental Authority (Attachments: # 1 Exhibit)(Skinner, Jocelyn) (Entered: 04/09/2026) 1 Exhibit View on RECAP	RECAP
35	April 13, 2026	MINUTE entry before the Honorable Martha M. Pacold: Oral argument held on 4/13/2026. Defendants' motion to dismiss, 28, is taken under advisement. The Court either will issue a ruling or set a ruling from the bench. Telephone status set for 4/20/2026 at 9:00 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 04/13/2026)	RECAP
36	April 15, 2026	TRANSCRIPT OF PROCEEDINGS held on 4/13/26 before the Honorable Martha M. Pacold. Order Number: 55127. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/6/2026. Redacted Transcript Deadline set for 5/18/2026. Release of Transcript Restriction set for 7/14/2026. (Fennell, Kathleen) (Entered: 04/15/2026)	RECAP
37	April 16, 2026	MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for leave to file Supplemental Memorandum (Unopposed) (Attachments: # 1 Supplemental Memorandum)(Ortega, Michael) (Entered: 04/16/2026) 1 Supplemental Memorandum View on RECAP	RECAP
38	April 17, 2026	MINUTE entry before the Honorable Martha M. Pacold: At Monday's status hearing, plaintiffs should be prepared to discuss which of their requested remedies, labeled A-G on pages 25 and 26 of their complaint, are associated with each of the Counts (I-VIII) they allege. I.e., is Count I associated with each remedy or just a subset. Mailed notice. (lxk, ) (Entered: 04/17/2026)	RECAP
39	April 19, 2026	Defendants' Response to ACT Now's Supplemental Memorandum by Linda McMahon, United States Department Of Education (Cull, Thomas) (Entered: 04/19/2026)	RECAP
40	April 20, 2026	MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' unopposed motion for leave to file supplemental memorandum, 37, is granted. Plaintiffs are directed to file the supplemental memorandum as a separate docket entry. Mailed notice. (lxk, ) (Entered: 04/20/2026)	RECAP
41	April 20, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 4/20/2026. Defendants' motion to dismiss, 28, remains under advisement. Telephone status set for 4/23/2026 at 9:00 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 04/20/2026)	RECAP
42	April 23, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 4/23/2026. Defendants' motion to dismiss, 28, remains under advisement. Plaintiffs report they intend to file a preliminary injunction motion by 4/30/2026. Defendants to reply by 5/21/2026. Plaintiffs' response due by 6/1/2026. Counsel are directed to confer on availability and timing and reach out to the courtroom deputy to schedule a preliminary injunction hearing. Mailed notice. (lxk, ) (Entered: 04/23/2026)	RECAP
43	April 30, 2026	ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Scott C. Solberg (Solberg, Scott) (Entered: 04/30/2026)	RECAP
44	April 30, 2026	ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Alec J. Solotorovsky (Solotorovsky, Alec) (Entered: 04/30/2026)	RECAP
45	April 30, 2026	ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Elizabeth Mary Hady (Hady, Elizabeth) (Entered: 04/30/2026)	RECAP
46	April 30, 2026	MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for preliminary injunction (Solberg, Scott) (Entered: 04/30/2026)	Clearinghouse
47	April 30, 2026	MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for leave to file excess pages (Solberg, Scott) (Entered: 04/30/2026)	RECAP
48	April 30, 2026	MEMORANDUM by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services in support of motion for preliminary injunction 46 (Solberg, Scott) (Entered: 04/30/2026)	RECAP
49	April 30, 2026	Exhibit List Exhibit List for Memorandum in Support of Motion for Preliminary Injunction by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services. (Attachments: # 1 Declaration Stanton Decl., # 2 Declaration Rivers Decl., # 3 Declaration Long Decl., # 4 Declaration Guilmette Decl., # 5 Declaration Williams Decl., # 6 Declaration Hosfeldt Decl., # 7 Declaration Davis Decl., # 8 Declaration Rea Decl., # 9 Declaration Lovel Decl., # 10 Declaration Jennings Decl., # 11 Declaration Pietrantoni Decl., # 12 Declaration Neal Decl., # 13 Declaration Edgar Decl., # 14 Declaration Lamboley Decl., # 15 Declaration Vogt Decl., # 16 Declaration Clodi Decl., # 17 Declaration Stigge-Kaufman Decl., # 18 Declaration Mateyka Decl., # 19 Declaration O'Connell Decl., # 20 Declaration David Decl., # 21 Declaration Kinsey Decl., # 22 Exhibit Department Guidance, # 23 Declaration Merolli Decl., # 24 Exhibit Hartford Notice, # 25 Exhibit Hartford Denial, # 26 Exhibit El Centro Notice, # 27 Exhibit El Centro Denial, # 28 Exhibit Paterson Notice 1, # 29 Exhibit Paterson Denial 1, # 30 Exhibit Paterson Notice 2, # 31 Exhibit Paterson Denial 2, # 32 Exhibit Prichard Notice, # 33 Exhibit Prichard Denial, # 34 Exhibit Sodus Notice, # 35 Exhibit Sodus Denial, # 36 Exhibit DCPS Notice 1, # 37 Exhibit DCPS Denial 1, # 38 Exhibit DCPS Notice 2, # 39 Exhibit DCPS Denial 2, # 40 Exhibit Duke Notice, # 41 Exhibit Duke Denial, # 42 Exhibit UMD Baltimore Notice, # 43 Exhibit UMD Baltimore Denial, # 44 Exhibit Waco Notice, # 45 Exhibit Waco Denial)(Merolli, Emily) (Entered: 04/30/2026) 1 Declaration Stanton Decl. View on PACER 2 Declaration Rivers Decl. View on PACER 3 Declaration Long Decl. View on PACER 4 Declaration Guilmette Decl. View on PACER 5 Declaration Williams Decl. View on PACER 6 Declaration Hosfeldt Decl. View on RECAP 7 Declaration Davis Decl. View on PACER 8 Declaration Rea Decl. View on PACER 9 Declaration Lovel Decl. View on PACER 10 Declaration Jennings Decl. View on PACER 11 Declaration Pietrantoni Decl. View on PACER 12 Declaration Neal Decl. View on PACER 13 Declaration Edgar Decl. View on PACER 14 Declaration Lamboley Decl. View on PACER 15 Declaration Vogt Decl. View on PACER 16 Declaration Clodi Decl. View on PACER 17 Declaration Stigge-Kaufman Decl. View on PACER 18 Declaration Mateyka Decl. View on PACER 19 Declaration O'Connell Decl. View on PACER 20 Declaration David Decl. View on PACER 21 Declaration Kinsey Decl. View on PACER 22 Exhibit Department Guidance View on PACER 23 Declaration Merolli Decl. View on PACER 24 Exhibit Hartford Notice View on PACER 25 Exhibit Hartford Denial View on PACER 26 Exhibit El Centro Notice View on PACER 27 Exhibit El Centro Denial View on PACER 28 Exhibit Paterson Notice 1 View on PACER 29 Exhibit Paterson Denial 1 View on PACER 30 Exhibit Paterson Notice 2 View on PACER 31 Exhibit Paterson Denial 2 View on PACER 32 Exhibit Prichard Notice View on PACER 33 Exhibit Prichard Denial View on PACER 34 Exhibit Sodus Notice View on PACER 35 Exhibit Sodus Denial View on PACER 36 Exhibit DCPS Notice 1 View on PACER 37 Exhibit DCPS Denial 1 View on PACER 38 Exhibit DCPS Notice 2 View on PACER 39 Exhibit DCPS Denial 2 View on PACER 40 Exhibit Duke Notice View on PACER 41 Exhibit Duke Denial View on PACER 42 Exhibit UMD Baltimore Notice View on PACER 43 Exhibit UMD Baltimore Denial View on PACER 44 Exhibit Waco Notice View on PACER 45 Exhibit Waco Denial View on PACER	RECAP
50	May 4, 2026	MINUTE entry before the Honorable Martha M. Pacold: Preliminary injunction hearing on plaintiff's motion 46 scheduled for 6/8/26 at 9:00 a.m. in Courtroom 2325. Plaintiffs' unopposed motion for leave to file brief in excess of fifteen pages, 47, is granted. Mailed notice. (exr, ) (Entered: 05/04/2026)	RECAP
51	May 21, 2026	RESPONSE by Linda McMahon, United States Department Of Educationin Opposition to MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for preliminary injunction 46 (Cull, Thomas) (Entered: 05/21/2026)	RECAP
52	June 1, 2026	REPLY by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services to motion for preliminary injunction 46 (Solberg, Scott) (Entered: 06/01/2026)	RECAP
53	June 5, 2026	MINUTE entry before the Honorable Martha M. Pacold: The 6/8/2026 preliminary injunction hearing on plaintiff's motion 46 scheduled for 9:00 a.m. is stricken and reset for 10:00 a.m. in Courtroom 2325. TIME CHANGE ONLY. Mailed notice. (lxk, ) (Entered: 06/05/2026)	RECAP
54	June 8, 2026	MINUTE entry before the Honorable Martha M. Pacold: Preliminary injunction hearing held on 6/8/2026. Plaintiffs' motion for preliminary injunction, 46, is taken under advisement. The Court either will issue a ruling or set a ruling from the bench. Telephone status hearing set for 6/10/2026 at 1:30 p.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) (Entered: 06/09/2026)	RECAP
55	June 10, 2026	MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 6/10/2026. The pending motions 28, 46 remain under advisement. Mailed notice. (lxk, ) (Entered: 06/10/2026)	RECAP
56	June 12, 2026	SUPPLEMENT to Plaintiffs' Response to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit Supplemental Authority)(Merolli, Emily) (Entered: 06/12/2026) 1 Exhibit Supplemental Authority View on PACER	RECAP
57	June 22, 2026	RESPONSE by Defendants Linda McMahon, United States Department Of Education to supplement 56 Defendants' Response to Supplemental Authority (Cull, Thomas) (Entered: 06/22/2026)	RECAP
58	June 23, 2026	TRANSCRIPT OF PROCEEDINGS held on 6/8/26 before the Honorable Martha M. Pacold. Order Number: 57196,57198. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/14/2026. Redacted Transcript Deadline set for 7/24/2026. Release of Transcript Restriction set for 9/21/2026. (Fennell, Kathleen) (Entered: 06/23/2026)	RECAP
59	June 26, 2026	MINUTE entry before the Honorable Martha M. Pacold: For the reasons in the attached order, defendants' motion to dismiss 28 for want of jurisdiction is granted as to Counts I-VI and continued as to Counts VII-VIII. Mailed notice. (lxk, ) (Entered: 06/26/2026)	Clearinghouse
60	June 26, 2026	MEMORANDUM Opinion and Order. Signed by the Honorable Martha M. Pacold on 6/26/2026. Mailed notice. (lxk, ) (Entered: 06/26/2026)	Clearinghouse
61	June 26, 2026	MINUTE entry before the Honorable Martha M. Pacold: For the reasons in the attached order, plaintiffs' motion 46 for a preliminary injunction is denied. Mailed notice. (lxk, ) (Entered: 06/26/2026)	Clearinghouse
62	June 26, 2026	MEMORANDUM Opinion and Order. Signed by the Honorable Martha M. Pacold on 6/26/2026. Mailed notice. (lxk, ) (Entered: 06/26/2026)	Clearinghouse
63	June 26, 2026	MINUTE entry before the Honorable Martha M. Pacold: By 7/8/2026, the parties shall file a status report on next steps in the litigation. If the parties would like more time or to hold a status hearing, they should notify the court. Mailed notice. (lxk, ) (Entered: 06/26/2026)	RECAP
64	July 7, 2026	TRANSCRIPT OF PROCEEDINGS held on 12/31/25 before the Honorable Martha M. Pacold. Order Number: 57423. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/28/2026. Redacted Transcript Deadline set for 8/7/2026. Release of Transcript Restriction set for 10/5/2026. (Fennell, Kathleen) (Entered: 07/07/2026)	RECAP
65	July 7, 2026	MINUTE entry before the Honorable Martha M. Pacold: At the request of counsel, the 7/8/2026 status report deadline is stricken and reset to 7/15/2026. Mailed notice. (lxk, ) (Entered: 07/07/2026)	RECAP
66	July 13, 2026	NOTICE of appeal by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services regarding orders 62 Filing fee $ 605, receipt number AILNDC-25370492. Receipt number: n (Solberg, Scott) (Entered: 07/13/2026)	Clearinghouse
67	July 14, 2026	NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 66 (emc, ) (Entered: 07/14/2026)	RECAP
68	July 14, 2026	TRANSMITTED to the 7th Circuit the short record on notice of appeal 66 . Notified counsel (emc, ) (Entered: 07/14/2026)	RECAP
69	July 15, 2026	ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 66 ; USCA Case No. 26-2473 (emc, ) (Entered: 07/15/2026)	RECAP
70	July 15, 2026	STATUS Report (Joint Status Report) by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services (Solberg, Scott) (Entered: 07/15/2026)	RECAP
71	July 17, 2026	TRANSCRIPT OF PROCEEDINGS held on 4/20/26 before the Honorable Martha M. Pacold. Court Reporter Contact Information: Charles R. Zandi, 312/435-5387, charles_zandi@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/7/2026. Redacted Transcript Deadline set for 8/17/2026. Release of Transcript Restriction set for 10/15/2026. (Zandi, Charles) (Entered: 07/17/2026)	RECAP
72	July 17, 2026	MINUTE entry before the Honorable Martha M. Pacold: By 8/19/2026, defendants shall file any supplemental brief on the court's jurisdiction over Counts VII and VIII. Plaintiffs shall file any response by 9/10/2026, and defendants any reply by 9/24/2026. While the court understands the parties' need to preserve the availability of argument for appeal, any supplemental briefing should primarily respond to the court's existing opinion on related jurisdictional issues, 60, and not simply reiterate arguments already presented. The court will assess the need for argument on the motion after reviewing the briefing submitted by the parties. Moreover, in light of pending jurisdictional issues and the fact that the relevant factual issues might be elucidated by the pending appeal, defendants' request, 70 at 2, to stay discovery pending resolution of the outstanding motion to dismiss, 28, is granted. The joint initial status report is due by 7/28/26. Mailed notice. (Attachments: # 1 Outline for the initial joint status report) (lxk, ) (Entered: 07/17/2026)	RECAP
73	July 22, 2026	MINUTE entry before the Honorable Martha M. Pacold: In any briefing on jurisdiction, see 72, the parties should address the applicability of the so-called "Griggs principle" and whether, in light of the pending appeal, the court has the authority to resolve the pending motion to dismiss 28 . See Coinbase, Inc. v. Bielski, 599 U.S. 736, 740 (2023) (quoting Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982)); May v. Sheahan, 226 F.3d 876, 880 (7th Cir. 2000); Fed. R. Civ. P. 62.1(a). In light of the need for briefing on this additional issue, the parties are each given an additional 10 pages of briefing dedicated to this issue in their opening supplemental briefs, and the government may include an additional 5 pages of briefing in its reply. Mailed notice (jjr, ) (Entered: 07/22/2026)	RECAP
74	July 28, 2026	STATUS Report (Joint Status Report) by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services (Solberg, Scott) (Entered: 07/28/2026)	RECAP

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Case Details

State / Territory:

Illinois

Case Type(s):

Education

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Dec. 29, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Organizations that administer federally funded Full-Service Community Schools programs serving tens of thousands of students in Illinois.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Secretary of the United States Department of Education

U.S. Department of Educaiton

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process: Procedural Due Process

Freedom of speech/association

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

Northern District of Illinois 1:25-cv-15704

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Relief Granted:

Source of Relief:

None

Issues

General/Misc.:

Funding

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Retaliation

Discrimination Area:

Content/viewpoint discrimination

Recommended Citation

Case Summary of Afterschool for Children and Teens (ACT) Now v. United States Department Of Education, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47563/ (last updated 4/7/2026).