THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`FILED
`
`JUN 1 8 2026
`
`CLERK, U.S. DISTRICT CLERK
`WESTERN DISTRICT,
`JE TEXAS
`
`
`SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`
`CREATED BY THE COVID-19 PANDEMIC
`
`This Order is being issued in responseto the recent outbreak of novel coronavirusin 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 no less than 120 countries with more than
`2,100,000 confirmedcasesin the United States, as of June 16, 2020, according to the Centers for
`Disease Control (CDC). 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 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-19 as conditions
`worsen. The state of Texas has seen an increase in COVID-19 cases from 63 on March 15, 2020, to
`93,600 as of June 16, 2020. The CDC’s guidance includes multiple types of migration strategies
`generally aimed at reducing or avoiding exposure to infected individuals.
`
`Asof the date of this Order, there have been thousands ofconfirmed cases of coronavirus
`within the Western District of Texas. The State of Texas has made a disaster declaration in response.
`The CDC andother public health entities have recommended social distancing as a meansto limit
`further community spread of COVID-19. The Court is concerned with the health and safety of the
`public, Court employees, staff of other entities with whomthe Court personnel interact, litigants,
`including defendants in criminal matters, counsel, interpreters, law enforcementofficials, and jurors
`who must work in close quarters to hear evidence and to deliberate.
`
`Therefore, given the continued severity ofthe risk to the persons listed above by the spread
`of COVID-19 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:
`
`1. All civil and criminal bench and jury trials scheduled to begin on any date from now
`through July 31, 2020, are continued, to a date to be reset by each Presiding Judge. Those
`continuances do not continue any pending deadlines other than thetrial dates. Attorneys
`should contact the Presiding Judges in the continuedcases if they seek to modify such
`deadlines.
`
`2. Dueto the Court’s reduced ability to obtain an adequate spectrum ofjurors and 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 outweighthe best interests of the public and each defendant’s right to a
`speedytrial. In fact, the best interests of the public are served by these continuances.
`
`Google Exhibit 1037
`Google Exhibit 1037
`Google v. Parus
`Google v. Parus
`IPR2020-00846
`IPR2020-00846
`
`1
`
`

`

`3. The Court recognizes that not every division within the district is similarly situated. The
`Western District of Texas is geographically large and encompasses approximately 93,000
`square miles and 68 counties with manycounties far more populousthanothers. The
`public health situation related to the novel coronavirus in each division may differ and
`judges in individual divisions may determine that the conditions in their communities
`safely allow for an adequate spectrum ofjurors and sufficient availability of attorneys.
`Accordingly, courts in the district may opt to conduct jury trials within their respective
`division subject to a determination, based uponthe facts and circumstances unique to the
`division, that conducting jurytrials would not compromise the health and safety of Court
`personnel, litigants, counsel, law enforcement, witnesses, andjurors. Ifjudges in a
`specific division determinejury trials can be safely conducted, the most seniordistrict
`judge within the relevant division mayenter an order making those findings and
`resuming jurytrials for the division despite this order and with notice to the Chief Judge.
`
`Grand Juries will resume in everydivision onor after July 1, 2020 as determined and
`scheduled by the United States Attorney’s Office.
`
`4.
`
`Individual judges maycontinue to hold in-person hearings, sentencing proceedings, and
`conferences, but counsel mayseek relieffrom those matters by appropriate motions. The
`parties are encouragedto seek to participate in non-sentencing hearings and conferences
`by telephone or video. This Orderdoes not impact any court’s consideration ofparticular
`matters on the papersalone.
`
`5. Magistrate Judges will continue to preside over criminal matters, such asinitial
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants.
`
`6. Anyevents involving the Court that are not case-specific, including, but not limited to,
`continuing legal education courses, public tours, administration ofoaths to attorneys, and
`naturalization ceremonies conducted by the Court which are scheduled to occur between
`nowand July 31, 2020, are hereby cancelled and will be rescheduled as appropriate.
`
`7. All ofthe courthouses of the Western District of Texas will remain open for business
`subject to any restrictions imposed bya judge or judges in each division. However, many
`employees, including some of chambersstaff, will be teleworking, but they will be
`accessible by phone. Electronic filings may continue to be made through the CM/ECF
`system.
`8. Anydelivery directed to chambersshall be delivered instead to the Clerk’s offices in each
`courthouse.
`
`9. Unless vacated, modified, or extended, this Order will remain in effect through July 31,
`2020, and will then expire.
`
`FOR THE COURT.
`So ORDEREDand SIGNEDthis 18" day of June, 2020.
`
`yg
`
`ORLANDO L. GARCIA
`Chief United States District Judge
`
`2
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`