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Labor: Fair Standards | New York Eastern
Scheduling Order
ORDER. The parties are scheduled for a Settlement Conference on 8/11/2026 at 3:00 PM before Chief Magistrate Judge Vera M. Scanlon via ZoomGov Video. The Court will email the ZoomGov login information to counsel separately.
By 8/6/2026, the parties are directed to submit ex parte settlement letters by email to Chambers at scanlon_chambers@nyed.uscourts.gov (note that there is an underlined space between Scanlon and chambers). Ex parte settlement letters shall state (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weaknesses of the case; and (4) any information that may assist the Court in helping the parties resolve the matter. The ex parte letters shall be limited to 3,500 words, not including exhibits.
Ordered by Chief Mag. Judge Vera M. Scanlon on 7/30/2026. (SH)
Habeas Corpus - Alien Detainee | New York Southern
USCA Order - Other
ORDER of USCA (Certified Copy) as to 15 Notice of Appeal, filed by Xiaoquan Chen. Upon due consideration, it is hereby ORDERED that the motion of proposed amicus curiae for leave to file is GRANTED. Having considered Respondent's motion to remand and the oppositions, it is further ORDERED that the motion to remand is GRANTED, the district court's judgment is VACATED, and the case is REMANDED pursuant to United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994), for reconsideration given Barbosa da Cunha. See 28 U.S.C. § 2106. Remand is appropriate where an intervening legal or factual development "reveal[s] a reasonable probability that the decision below rests upon a premise that the lower court would reject if given the opportunity for further consideration, and where it appears that such a redetermination maydetermine the ultimate outcome of the litigation." Lawrence v. Chater, 516 U.S. 163, 167 (1996). Accordingly, we direct the district court to reconsider its denial of the petition for writ of habeas corpus. Any of the parties may seek further appellate review by notifying the Clerk of the Courtwithin 14 days of entry of the district courts judgment on remand. Either party may providesuch notification by letter without filing a new notice of appeal, upon which the appeal will beautomatically restored to this Court and assigned to an appropriate merits panel. For clarity, ourprior order granting Petitioners Federal Rule of Appellate Procedure 23(b) motion, 2d Cir. 25-3169, doc. 49 (5/6/2026 Or.), remains in effect, see Jacobson, 15 F.3d at 22; 28 U.S.C. § 2106. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 7/23/2026. (tp)
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