UNITED STATES DISTRICT COURT
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`FIL~F:D
`MAR 1 7 2020
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`In the matter of
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`SUSPENSION OF JURY TRIALS
`AND OTHER PROCEEDINGS
`DURING THE COVID-19 PUBLC
`EMERGENCY
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`Order of the
`Chief Judge No.
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`18
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`This Order is predicated on the following: The President of the United States of
`America, the Governor of the State of California, and the Mayor of the City of San
`Diego have declared states of emergency in response to the spread of the coronavirus
`(COVID-19). The Centers for Disease Control and Prevention and other public health
`authorities have advised that public gatherings be limited to no more than ten people.
`The United States Attorney for the Southern District of California has informed the
`Court that he expects that a quorum of grand jurors will not be available to serve during
`this period of national emergency. And the Metropolitan Correctional Center in San
`Diego has restricted access by defense counsel to their incarcerated clients. The effect
`of these public health recommendations and the concerns and restrictions that they have
`generated has greatly jeopardized the Court's ability to obtain an adequate spectrum of
`trial and grand jurors, and impairs the availability of counsel, witnesses, parties, the
`public, Probation and Pretrial Services, and Court staff to be present in the courtroom.
`In consideration of these factors and others, and to protect public safety and prevent the
`spread of COVID-19, the Chief Judge, after seeking the recommendations of the
`Southern District of California planning group, hereby declares a judicial emergency
`for a period of 30 days under 18 U.S.C. § 3174 and issues the following Emergency
`Orders:
`
`1. The Edward J. Schwartz and James M. Carter & Judith N. Keep United States
`Courthouses in San Diego, and the United States Courthouse in El Centro will
`remain open for business, subject to the limitations of this Order and those
`set out previously in Order of the Chief Judge No. 17.
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`LG 1042
`LG v. BNR
`IPR2020-00319
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`2. All jury trials in civil and criminal cases in the Southern District of California
`are continued until April 16, 2020. New trial or status dates will be set in
`individual cases on or before April 16, 2020, unless this emergency
`suspension of trials is extended.
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`3. All trial-specific deadlines in pending criminal cases, including those for
`filing motions in limine and jury instructions, exchanging exhibits, providing
`notice of expert witnesses, and completing the depositions of material
`witnesses, are continued until April 16, 2020. Individual district judges may
`continue trial-specific deadlines in civil cases at their discretion. New dates
`will be set in individual cases on or before April 16, 2020, unless the
`emergency suspension of trials is extended.
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`4. Except for convening jury trials, individual district judges will retain
`discretion, on a case by case basis, to schedule criminal and civil proceedings,
`hold hearings, conferences, and bench trials, and otherwise take such actions
`as may be lawful and appropriate to ensure the fairness of the proceedings
`and preserve the rights of the parties. Judges may conduct court proceedings
`by telephone or video conferencing where practicable and consistent with the
`law.
`
`5. On its own motion, the Court finds that the period of suspension of criminal
`trials and other criminal proceedings implemented by this Order is excluded
`under the Speedy Trial Act. Specifically, for the reasons articulated in the
`initial paragraph of this Order, the Court finds that the current COVID-19
`pandemic constitutes a "judicial emergency" under 18 U.S.C. § 3174. As an
`alternate basis for this exclusion, the Court finds that, under 18 U.S.C.
`§ 3161 (h )(7)( A), these continuances serve the ends of justice and outweigh
`the interests of the public, of the government, and of criminal defendants in a
`speedier trial. The period of exclusion will be from March 17, 2020 to April
`16, 2020 absent further order of the Court or that of any individual district
`judge. The Court may extend the period of exclusion as circumstances may
`warrant. However, this order does not toll any statutes of limitations, nor any
`statutory deadline for the filing of an appeal.
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`6. Except as directed by an individual district judge, criminal proceedings
`including sentencings, supervised release revocation hearings, motion
`hearings, arraignments, plea hearings, misdemeanor bench trials, and all
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`proceedings under Federal Rule of Criminal Procedure Rule 5 .1, are
`suspended until April 16, 2020. However, the issuance of criminal complaints
`and arrest and search warrants, initial appearances, and bail and detention
`hearings will continue in the ordinary course before the magistrate judges.
`
`7. All grand jury proceedings are suspended until April 16, 2020, or until further
`order of this Court.
`
`8. All Central Violations Bureau (CVB),Veterans Court, and Alternatives to
`Prison Solution Program proceedings are suspended until April 16, 2020, or
`until further order of this Court.
`
`9. The requirement under Civil Local Rule 16.1.a. that Early Neutral Evaluation
`(ENE) Conferences be conducted in person is suspended until April 16, 2020.
`During this period, ENE Conferences may be conducted by telephone or
`video conferencing.
`
`10. The requirement under Criminal Local Rule 46.1.a. that a defendant posting
`bail in a criminal case deliver physical copies of bail documents to the Clerk
`is suspended until April 16, 2020. During this period, all bail documents may
`be delivered to the Clerk electronically.
`
`11. The Clerk' s Office, United States Probation Office, United States Pretrial
`Services Office, and United States Bankruptcy Court will remain open
`pending further order of the Court.
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`This Order is effective immediately and will remain in place until April 16, 2020
`absent further order of the Court.
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`* * *
`IT IS SO ORDERED.
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`Dated:
`
`LARRYAftAN BURNS,
`Chief United States District Judge
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