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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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Case 1:25-cv-04480-CRC          Document 89-2        Filed 09/18/26      Page 4 of 11




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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