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L&M Bus Corp. v. Bd. of Educ. of the City School Dist. of the City of New York

School Bus Contractors Denied TRO Over Bidding Process; Irreparable Harm Not Shown

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MEMORANDUM & ORDER

*1 Before the court is an application for a temporary restraining order (“TRO”) and preliminary injunction by Plaintiffs L&M Bus Corp.; B&F Skilled Inc.; Happy Child Transportations LLC; Happy Day Transit Inc.; Iridium Services Corp.; Penny Transportation, Inc.; Selby Transportation Corp.; Smart Pick, Inc.; GVC Ltd.; Lessel Transportation Corp.; Mar-Can Transport Co.; Phillip Bus Corp.; 21st Avenue Transportation, Co.; Y&M Transit Corp.; Van Trans LLC; Alina Services Corp.; and Montauk Student Transport LLC (collectively, “Plaintiffs” or the “Bus Companies”). (Compl. (Dkt. 1); Mem. of Law in Supp. of Mot. for TRO and Prelim. Inj. (“Mem.”) (Dkt. 3).) Plaintiffs are bus companies who contract with Defendant New York City Department of Education (“Defendant” or the “DOE”) for school-bus routes. (Compl. 4.)This matter concerns the bidding process for bid number B3182, entitled “Transportation Services for Students with Disabilities and Their Non-Disabled Peers” (“B3182″). (Id. 1.) As a requirement of bidding, contractors must agree that, if they are awarded the contract, they will abide by the terms of contract Serial No. B3182 (the “Contract”). (Id. 2.) The DOE has stated that the period during which they will accept bids for B3182 (the “Bidding Process”) concludes

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