FILED
`MAR 13 2020
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`CLE~K. US. DISTRICT CLERK
`~~jTCT OF TEXAS
`
`ORDER REGARDING
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`CREATED BY THE COVID-19 PANDEMIC
`
`This Order is being issued in response to the recent outbreak of novel coronavirus in the
`United States and the State of Texas. The World Health Organization has declared that COVID
`19 qualifies as a global pandemic, having spread across more than 120 countries with more than
`1,600 confirmed cases in the United States. The United States District Court for the Western
`District of Texas has been closely monitoring the outbreak of novel coronavirus (which causes
`the disease designated as COVID- 19), including careful monitoring of the developing guidance
`from the Centers for Disease Control and Prevention (“CDC’). The CDC has described the
`outbreak in the United States as a “rapidly evolving situation and is providing continuously
`updated guidance as to the appropriate community response to COVID-1 9 as conditions worsen.
`The CDC’s guidance includes multiple types of mitigation strategies generally aimed at reducing
`or avoiding exposure to infected individuals.
`
`As of the date of this Order, there have been several confirmed cases of coronavirus
`within the Western District of Texas, specifically the Austin, Del Rio, and San Antonio
`Divisions. The State of Texas has made a disaster declaration in response. The CDC and other
`public health entities have recommended social distancing as a means to limit further community
`spread of COVID-l 9. The Court is concerned with the health and safety of the public, Court
`employees, staff of other entities with whom Court personnel interact, litigants, counsel,
`interpreters, law enforcement officials, and jurors, who must work in close quarters to hear
`evidence and to deliberate.
`
`Therefore, given the severity of the risk to the persons listed above by the spread of
`COVID-1 9 in the Western District of Texas, and taking into consideration matters of public
`health, while reducing the size of public gatherings and the need for travel, the Court orders as
`follows:
`
`All civil and criminal bench and jury trials scheduled to begin on any date from
`1.
`now through May 1, 2020, are continued, to a date to be reset by each presiding judge. Those
`continuances do not continue any pending deadlines other than the trial dates. Attorneys should
`contact the presiding judges in their continued cases if they seek to modify such other deadlines.
`
`Due to the Court?s reduced ability to obtain an adequate spectrum ofjurors and
`2.
`due to the reduced availability of attorneys and Court staff to be present in courtrooms because
`of the public health considerations described above, the time period of the continuances
`implemented by this Order are excluded under the Speedy Trial Act, 18 U.S .C. § 3161 (h)(7)(A).
`The Court finds that the ends ofjustice served by ordering these continuances outweigh the best
`
`Apple Ex. 1038, p. 1
`Apple v. Fintiv
`IPR2020-00019
`
`

`

`interests of the public and each defendants right to a speedy trial. In fact, the best interests of the
`public are served by these continuances.
`
`Due to the extremely large criminal caseload in the Western District of Texas, the
`3.
`US Attorney’s Office has expressed the need to continue conducting grand jury proceedings in
`ordinary course. Therefore, grand jury matters will proceed pending further order of the Court.
`
`Individual judges may continue to hold in-person hearings, sentencing
`4.
`proceedings, and conferences, but counsel may seek relief from those matters by appropriate
`motions. The parties are encouraged to seek to participate in non-sentencing hearings and
`conferences by telephone or video. This Order does not impact any court’s consideration of
`particular matters on the papers alone.
`
`5.
`Magistrate Judges will continue to preside over criminal matters, such as initial
`appearances, arraignments, detention hearings and the issuance of warrants.
`
`Any events involving the Court that are not case-specific, including, but not
`6.
`limited to, continuing legal education courses, public tours, administration of oaths to attorneys,
`and naturalization ceremonies conducted by the Court which are scheduled to occur between
`March 16 and May 1, 2020, are hereby cancelled and will be rescheduled as appropriate.
`
`All of the courthouses of the Western District of Texas, including the Clerk’s
`7.
`offices and offices of United States Pretrial and Probation, will remain open for business.
`However, many employees, including some of chambers staff, will be teleworking, but they will
`be accessible by phone. Electronic filings may continue to be made through the CMI’ECF system.
`
`Any delivery directed to chambers shall be delivered instead to the Clerk’s offices
`8.
`in each courthouse.
`
`9.
`then expire.
`
`Unless extended, this Order will remain in effect through May 1, 2020, and will
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this 13th day of March, 2020.
`
`ORLANDO L. GARCIA
`Chief Judge
`
`Apple Ex. 1038, p. 2
`Apple v. Fintiv
`IPR2020-00019
`
`