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Defendants’ statement of material facts
U.S. District Court for the District of Columbia · 2026-09-18
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Case 1:25-cv-04480-CRC Document 89-2 Filed 09/18/26 Page 1 of 11
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JOYCE BEATTY,
Plaintiff,
v. Civil Action No. 25-4480 (CRC)
DONALD J. TRUMP, et al.,
Defendants.
DEFENDANTS’ STATEMENT OF UNDISPUTED MATERIAL FACTS IN
SUPPORT OF THEIR MOTION FOR PARTIAL SUMMARY JUDGMENT
Pursuant to Local Civil Rule 7(h), Defendants Donald J. Trump, et al., respectfully submit
the following Statement of Material Facts as to which there is no genuine dispute in support of
their Motion for Partial Summary Judgment on the outstanding claims raised in Plaintiff’s
Amended Complaint, ECF No. 12.
1. Defendants first undertook activities that would lead to the development of the plan
to temporarily close the main building of the John F. Kennedy Center for the Performing Arts (“the
Center”) in the fall of 2025. At that time, based on existing evidence showing that the Center
required significant repairs, Matthew Floca, the then-Vice President of Facilities and now-
Executive Director and Chief Operating Officer of the Center, began a comprehensive review of
the Center’s infrastructure needs. See Second Decl. of Charles Matthew Floca ¶¶ 6–7, 9, ECF N.
29-3.
2. In July 2025, Congress appropriated approximately $257 million to the Center to
conduct necessary renovation and restoration work. See An Act to Provide for Reconciliation, Pub.
L. No. 119-21, § 60025(a), 139 Stat. 72, 157 (2025); see also Mem. Op. at 13, ECF No. 50.
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3. During the fall and winter of 2025 and into 2026, Mr. Floca “realized that closure
was necessary after ‘an extensive analysis of expert evidence and internal operational data,’ ”
including the Center’s comprehensive building plans, external consultant reports, and information
gathered from certain staff at the Center. ECF No. 50 at 15–16 (quoting ECF No. 29-3 ¶¶ 7, 9, 11).
4. In January 2026, Mr. Floca spoke with President Trump several times and
suggested over the course of those engagements that “a singular, concentrated 24-month closure
[would be] the most cost-effective and efficient path for addressing the Center’s acute
infrastructure needs.” Id. (alteration in original) (quoting ECF No. 29-3 ¶ 7).
5. In Mr. Floca’s view, such a closure would help address “the facility’s critical
infrastructure failures while eliminating the hidden costs and safety risks inherent in a multi-year,
phased renovation.” Id. (quoting ECF No. 29-3 ¶ 7).
6. On March 16, 2026, the Board of Trustees of the Center first considered and
adopted a proposal to effectuate Mr. Floca’s recommendation to conduct a concentrated, 24-month
closure to conduct renovations. See id. at 20–21.
7. On May 29, 2026, the Court preliminarily enjoined Defendants from effectuating
the Board’s March 16 closure vote, concluding that Defendants had failed to satisfy their fiduciary
duties by failing to consider their statutory obligations and failing to gather and consider sufficient
information about the proposed closure. See id. at 75–83.
8. During the pendency of this litigation, the Center’s management engaged JLL, a
construction management firm with large-scale construction experience, to develop a detailed and
comprehensive project overview for the proposed renovations. See JLL Comprehensive Project
Development Plan at 2, ECF No. 65-1.
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9. The report sets out three distinct phases that would guide the firm’s management
of the renovation: (1) historic preservation and planning activities, (2) assessments and repairs of
major systems and equipment at the Center, and (3) renovation of interior spaces at the Center. See
ECF No. 65-1 at 4.
10. JLL’s report includes detailed architectural diagrams of site logistics and the
planned work. See., e.g., id. at 22 (site logistics diagrams); id at 27 (proposed work on the Center’s
roof level), id. at 28 (proposed work at the Center’s penthouse level); id. at 29–30 (work on the
Center’s terrace level); id. at 31 (work in the Center’s main performance venues); id. at 32–33
(proposed scope of work on the Center’s plaza); id. at 34–36 (planned work in the parking
garages); id. at 37–40 (contemplated work on the Center’s façade).
11. For each project line item contemplated under the renovation—including items as
diverse as elevator modernization, see id. at 41–42; escalator capital repair, see id. at 42–44; fire
protection system upgrades, see id. at 45–46; hazardous materials abatement, see id. at 46;
employee office renovations, see id. at 67–71; and the Opera House restoration, see id. at 76–79—
the report also details the scope of work to be performed, see id. at 41–87.
12. JLL’s report includes assessments of the renovation’s budget and delivery strategy,
project risks, risk-mitigation strategy, quality assurance and control, worker safety, and
communications strategy. See id. at 88–100.
13. JLL’s report includes project timelines, see id. at 102–14, and a breakdown of
budget allocations for each individual line item, see id. at 115–63.
14. JLL’s topline recommendation was that the Center “requires a comprehensive
renovation project to address critical structural deficiencies, replace aging building systems that
have reached the end of their operational life, and restore interiors that should represent the venue’s
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cultural significance.” ECF No. 65-1 at 2. It further concluded that the “scale of necessary work—
including structural repairs, complete mechanical system replacement, life safety upgrades, and
envelope and facade preservation—cannot be executed safely or cost-effectively while
maintaining public operations.” Id. And, it found, “[a]ttempting phased construction would extend
the timeline significantly, increase costs, and compromise both patron experience and contractor
safety.” Id.
15. In response to the Court’s preliminary-injunction order, the Center’s management
retained Darin L. Buchalter of the Delta Consulting Group to provide “expert consultation and
analysis” in connection with “alternative approaches for conducting the repair and renovation
program” contemplated for the Center. Construction Program Assessment Report ¶ 1, Ex. A.
16. Mr. Buchalter and Delta explain in their report that they prepared their report (“the
Delta report”) “independent[ly],” with “no prior involvement with the consideration of the
Center’s plans for repair,” and “began with no preconceived notion of the necessity, proper
approach for the repair and renovation of the Main Building, or the impact, if any, on mission-
based programming.” Id. ¶ 47.
17. Mr. Buchalter and other employees at his firm who contributed to the Delta report
have experience in providing advisory services across multiple industries, including real estate,
construction, financial services, and the nonprofit sector. See Ex. A ¶¶ 11–22, 29.
18. To develop their report, Mr. Buchalter and his team relied on a wide array of
documents provided to Delta by the Center, including the 2021 Comprehensive Building Plan
prepared by DLR Group and the 2026 Comprehensive Project Development Plan, discussed above,
prepared by JLL. See id. ¶ 5.
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19. Delta further relied upon other records, including assessments and capital plans for
the Center’s main building; audited financial statements; Finance Committee materials; financial
information provided by the Center’s management; programming, operations, facilities,
engineering, construction, and institutional information provided by the Center’s management; and
this Court’s preliminary injunction opinion, to develop its recommendation and report. See id.
¶ 27.
20. Delta consultants conducted research on pertinent construction matters; toured the
Center with onsite operations and project-management personnel; and interviewed the Center’s
finance, programming, and operations personnel over a period of several weeks. See id. ¶ 5.
21. Delta identified two operational models it believes are feasible for the Center to
adopt while undertaking the congressionally authorized renovation: either (1) to “Operate &
Partially Renovate,” which would entail maintaining public access to the main building of the
Center, continuing arts programming throughout the Center, and conducting sequential closures
of specific spaces in the main building to complete the proposed construction; or (2) to “Partially
Close and Renovate,” which would entail closing the main building to the public for the duration
of the construction while maintaining programming, education, public engagement, and memorial
functions at the REACH building and supporting National Symphony Orchestra and other
performances at off-campus venues. Id. ¶ 3.
22. Based on his firm’s analysis, Mr. Buchalter concluded that a closure of the main
building of the Center over a two-year period would present significant advantages over the
primary alternative. See id. ¶¶ 85–86.
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23. He concluded that an extended renovation conducted in a partially open building
would roughly double the current budget of $257 million and leave “most of the structural work”
unfunded.” Id. ¶¶ 89, 127–37, 142–43.
24. He also concluded that an extended renovation would expand the Center’s
operating losses by approximately $80 million per year. See id. ¶¶ 90, 202–13.
25. Mr. Buchalter concluded that a full closure of the Center would allow for
concentrated construction activities, would reduce safety and logistical costs, and would enable
the Center to shift programming to off-campus venues, thereby reducing operating costs. See id.
¶¶ 92–94.
26. Mr. Buchalter consolidated his conclusions into a slide deck, which he presented to
the Board at its August 13 meeting. See Delta Construction Program Assessment, ECF No. 65-2;
Ex. A ¶ 34; App. H to Ex. A; Sep. 18 Floca Decl. ¶ 4.
27. On August 11, 2026, the Board received a packet of information that included the
slide deck presentation that Mr. Buchalter had developed and the entire JLL comprehensive
development plan. See Sep. 18 Floca Decl. ¶ 4.
28. On August 13, the Board met to discuss those materials. See id. ¶¶ 3–4; see also
Preliminary August 13 Board Minutes at 1, ECF No. 68-3.
29. Mr. Buchalter presented a summary of the report’s conclusions to trustees. See ECF
No. 68-3 at 6–8.
30. The Board discussed the proposed operating models. See id. at 8–10.
31. Following discussion, the Board voted over three dissents to adopt Delta’s and Mr.
Buchalter’s recommendation to close the main building of the Center to conduct renovations over
a two year period. See id. at 10–13.
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32. Specifically, the Board resolved that:
WHEREAS, the Board of Trustees has engaged the services of Delta Consulting
Group, an internationally recognized leader in project advisory services, risk
mitigation, and construction planning and management, to provide an independent
and objective analysis of the Center’s options to address decades of physical neglect
and deferred maintenance;
WHEREAS, the two options for the renovation and restoration presented to the
Buildings and Grounds Committee, and then to the full Board, included either a
closure of the main building with continued programming in the REACH and
offsite or a phased renovation while programming continues throughout the Center;
WHEREAS, Delta Consulting Group conducted a thorough review of the costs and
benefits of each option, and reported its findings through an oral presentation[;]
WHEREAS, Delta Consulting Group’s findings, reflected in its report and in the
Minutes, demonstrate that the risks and costs of a phased renovation and restoration
so greatly outweigh any potential benefit that the only viable safe and fiscally
prudent course is to shut down the Center’s main building entirely during
construction;
WHEREAS, Delta Consulting Group’s findings will be memorialized for the Board
and will be submitted as part of any court record;
WHER[E]AS, the Board has also reviewed the Comprehensive Project
Development Plan dated June 8, 2026 and anticipates further updates consistent
with it.
WHEREAS, the Board is fully committed to its statutory and fiduciary obligations
to maintain the Center as the Nation’s Cultural Center, to maintain public access to
the Memorial to John F. Kennedy, to maintain the historic and architecturally
significant nature of the Center’s main building, and to continue to present arts and
educational programming during construction; and
WHEREAS, the Board believes that continuing its artistic and educational
programming at the Center’s performing arts facilities in the REACH, maintaining
the memorial to President Kennedy for public access, and through its partnership
with the National Symphony Orchestra, supporting those performances offsite, as
well as other signature artistic productions offsite including but not limited to the
Kennedy Center Honors and the Mark Twain Prize for American Humor, allows
the Kennedy Center to perform its statutory mandate while the main building and
theaters are closed for renovation;
IT IS HEREBY RESOLVED that the John F. Kennedy Center for the Performing
Arts shall continue to present educational and artistic programming at the REACH;
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that the Center shall continue its partnership with and support of the National
Symphony Orchestra in performances at off-site venues; that the Center shall
continue signature artistic productions offsite including but not limited to the
Kennedy Center Honors and the Mark Twain Prize for American Humor; that the
Memorial to President John F. Kennedy be temporarily relocated to the REACH
where it will remain open to the public; and that, based on technical assessments
and expert opinions confirming the necessity of a closure, the main building be
closed to the public for restoration and renovation in line with Delta Consulting
Group expert opinion as well as the Comprehensive Project Development Plan
dated June 8, 2026, and subsequent updates thereto.
IT IS FURTHER RESOLVED that the Executive Director and Chief Operating
Officer shall undertake all legal means to effectuate the Board’s direction in this
matter, including by seeking to dissolve the preliminary injunction, entered in
Beatty v. Trump, No. 25-cv-4480 (D.D.C.), currently preventing closure of the main
building of the Kennedy Center for construction.
Id. at 10–13.
33. On August 31, the Center’s management distributed the finalized Delta Consulting
Group report, including its appendices, to trustees. See Sep. 18 Floca Decl. ¶ 5.
34. On September 3, an ongoing soffit-panel assessment conducted by Walter P Moore
“identified widespread corrosion and deterioration affecting components that support exterior
soffit panels around the building perimeter.” Materials for Board of Trustees Special Meeting of
September 15, 2026, Ex. B at 3; see also id. at 30–31.
35. Mr. Floca explained in materials he developed to distribute to the Board that the
soffit-panel assessment showed that 46 of the 278 panels exhibited “severe corrosion” and that 93
additional panels “exhibited mild-to-moderate corrosion.” Id. at 3. Mr. Floca described how Walter
P Moore engineers concluded that “one-third of all panels” thus “require immediate replacement”
and constitute an “active falling-object and life-safety hazard in areas regularly occupied by the
public.” Id. at 3, 30. Walter P Moore engineers concluded that, “[s]uspended 60 feet about primary
public sidewalks and entrance plazas, the continuing degradation of these 2,500-pound assemblies
constitutes an active, building-wide falling hazard.” Id. at 30.
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36. On September 4, during a “severe regional storm,” a “section of ceiling plaster”
measuring roughly four feet by five feet and one inch thick “detached and fell in the Grand Foyer
near the Hall of Nations entrance.” Id. at 3. Mr. Floca concluded that the detachment constituted
a “life-safety incident” that required the Center to take “interim measures” to “protect occupants
and preserve the facility.” Id.
37. On September 13, 2026, the Board was provided with the packet of materials
developed by Mr. Floca addressing the soffit-panel assessment conducted by Walter P Moore and
the September 4 collapse of the portion of ceiling plaster. See Sep. 18 Floca Decl. ¶ 6.
38. On September 15, the Board met to discuss the full Delta report and to receive an
update from the Center’s management on the safety findings described above. See Sep. 18 Floca
Decl. ¶ 7; see also Prelim. Sep. 15 Board Minutes at 4–11, Ex. C. At the meeting, Mr. Floca
advised the Board that the plaster that fell on September 4 “was estimated to weigh just over 150
pounds” and that, had the floor below been occupied, “someone would have been seriously hurt
or killed.” Ex. C at 6. Mr. Floca noted that other locations show similar signs of deterioration and
that the “building has many disparate systems” that are “failing.” Id. Mr. Floca provided an
overview of other acute renovation needs for other locations and systems within the Center. See
id. at 5–7.
39. After discussion, the Board again voted over three dissents to ratify its earlier
decision to close the Center temporarily for a two-year renovation. Ex. C at 11–12. Specifically,
the Board resolved that:
WHEREAS, the Board of Trustees has reviewed the full reports of both the Delta
Consulting Group and JLL, as well as the Comprehensive Project Development
Plan dated June 8, 2026, and subsequent updates thereto;
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WHEREAS, the Board was able to meet with the principal of the Delta Consulting
Group on September 15, 2026, and fully explore the basis for its recommendation
that the main building close for renovations;
WHEREAS, the Board has been advised of the Court’s rulings in Beatty v. Trump
et al. and has been guided by the Court’s expressed thoughts about its statutory and
fiduciary obligations;
WHEREAS, subsequent to the Board meeting on August 13 and the most recent
hearing in Beatty v. Trump et al., additional water intrusion and deterioration of the
Center’s physical plant caused a partial ceiling collapse in the Grand Foyer,
releasing debris from a height of approximately 60 feet and endangering visitors
and employees alike;
WHEREAS, both Delta Consulting Group and the Center’s own Executive Director
consider the main building to be unsafe for continued occupancy, and anticipate
further risk to the public and employees if the building is not immediately closed
and renovations begun;
WHEREAS, the Board, being duly advised, believes that the risk associated with
exposing patrons and employees to a hazardous building greatly outweighs any
reputational risk associated with closing the main building; and
WHEREAS, the Board, being duly advised, believes that maintaining continued
programming in the REACH and offsite, maintaining educational outreach to the
community, continuing the Center’s support for the National Symphony Orchestra,
and continuing the Center’s long-standing tradition of presenting the Kennedy
Center Honors and Mark Twain Prize, even though offsite, will ensure sufficient
continuing engagement with the artistic community, the donor base, and patrons,
that a two-year closure of the main building will not unduly affect its ability to ramp
up programming in a revitalized main building in 2028;
IT IS HEREBY RESOLVED, in addition to the resolution passed by the Board on
August 13, 2026, that the main building of the John F. Kennedy Center for the
Performing Arts shall be closed to patrons forthwith; that the Center shall continue
to present educational and artistic programming at the REACH; that the Center
shall continue its partnership with and support of the National Symphony Orchestra
in performances at off-site venues; that the Center shall continue signature artistic
productions offsite including but not limited to the Kennedy Center Honors and the
Mark Twain Prize for American Humor; that the Memorial to President John F.
Kennedy be temporarily relocated to the REACH where it will remain open to the
public; and that immediate repair and restoration work be commenced in
accordance with the Comprehensive Project Development Plan dated June 8, 2026,
and subsequent updates thereto.
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Case 1:25-cv-04480-CRC Document 89-2 Filed 09/18/26 Page 11 of 11
Dated: September 18, 2026 Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General, Civil Division
ERIC J. HAMILTON
Deputy Assistant Attorney General
BRANTLEY MAYERS
Counsel to the Assistant Attorney General
STEPHEN M. ELLIOTT
Assistant Branch Director
CHRISTOPHER M. LYNCH
Chief Litigation Counsel
/s/ William S. Jankowski
WILLIAM S. JANKOWSKI
D.C. Bar No. 90021524
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street NW
Washington, DC 20530
(202) 353-7578
william.s.jankowski@usdoj.gov
Counsel for Defendants
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