Shantel Talley et al. v. Melissa Aviles-Ramos et al.
Opinion
USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sonnac nnn KK DATE FILED:_02/13/2026 SHANTEL TALLEY ET AL., : Plaintiffs, : : 25-cv-0909 (LIL) -v- : : ORDER MELISSA AVILES-RAMOS ET AL., : Defendants. :
we ee KX LEWIS J. LIMAN, United States District Judge: The parties are hereby ordered to show cause by end of day Wednesday, February 18, why this case should not be stayed pending a decision by the New York Court of Appeals on the certified question in Cruz v. Banks, 134 F.4th 687 (2d Cir. 2025). That is, “When a student is covered by more than one class size regulation under § 200.6(h)(4), do the varying restrictions serve as distinct requirements that must be independently fulfilled or as a list of class size options from which the DOE may pick?” Jd. at 698-99. See Cruz v. Banks, 259 N.E.3d 1122 (N.Y. 2025) (“accepting the issue presented.”); see also Cruz, 134 F.4th at 694-95 (noting that Navarro Carrillo v. New York City Department of Education, 2023 WL 3162127, at *3 (2d Cir. May 1, 2023) was a “nonprecedential . . . summary order”).
SO ORDERED. ue ae Pa Dated: February 13, 2026 New York, New York LEWIS J. LIMAN United States District Judge
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