`FOR THE WESTERN DISTRICT OF TEXAS
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`_.._._.CLERK
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`SUPPLEMENTAL ORDER REGARDING
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`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
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`CREATED BY THE COVll)-l9 I’ANDEMIC
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`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 COWD-
`19 qualifies as a global pandemic. having spread across no less than 120 countries with more
`than 605.000 confirmed cases in the United States. as of today. according to the 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 tnonitoring 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 COVll)- l ‘J as conditions worsen. The CDC's guidance includes multiple
`types ofmitigation strategies generally aimed at reducing or avoiding exposure to infected
`individuals.
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`As ofthc date ofthis Order. there have been several confirmed cases of coronavirus
`within the Western District of Texas. The State of'l”exas has made a disaster declaration in
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`response. The CDC and other public health entities have recommended social distancing as a
`means to limit further community spread ofCOVlD-l‘). The Court is concerned with the health
`and safety ofthc public, Court employees, staff of other entities with whom Court personnel
`interact, litigants, including defendants in criminal matters. counsel. interpreters, law
`enlbrcemcnt officials, and jurors. who must work in close quarters to hear evidence and to
`deliberate.
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`'I'hercfore. given the continued severity ofthe risk to the persons listed above by the
`spread ofCOVlD-I9 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:
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`All civil and criminal bench and jury trials scheduled to begin on any date from
`1.
`now through May 31. 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.
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`Due to the Court's reduced ability to obtain an adequate spectrum ot‘jurors 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(11)(7){'A}.
`The Court finds that the ends ofjustice served by ordering these continuances outweigh the best
`
`1
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`Google Exhibit 1035
`Google Exhibit 1035
`Google v. Parus
`Google V. Parus
`IPR2020-00846
`IPR2020-00846
`
`1
`
`
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`interests of the public and each defendant's right to a speedy trial. In fact. the best interests of the
`public are served by these eontinuanccs.
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`3.
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`Effective immediately all grand jury proceedings between now and through May
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`31, 2020 are continued. All deadlines are suspended and tolled for all purposes. including the
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`statute of limitations. from now through May 3]. 2020. The U.S. Attorney may scheduie grand
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`jury for emergency matters.
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`Individual judges may continue to hold in-person bearings. 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.
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`Magistrate Judges witl continue to preside over criminal matters. such as initial
`5.
`appearances. arraignments. detention hearings. pleas. and the issuance of warrants.
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`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
`now and May 31. 2020. are hereby cancelled and will be rescheduled as appropriate.
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`All of the courthouses of the Western District of Texas will remain open for
`7.
`business subject to any restrictions imposed by ajudge orjudges in each division. However.
`many employees. including some ofehambers staff. will be teleworking. but they will be
`accessible by phone. Electronic filings may continue to be made through the CMEECF system.
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`Any delivery directed to chambers shall be delivered instead to the Clerk's offices
`8.
`in each courthouse.
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`9
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`Unless vacated. modified. or extended. this Order will remain in effect through
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`May 31. 2020, and will then expire.
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`FOR TH E COURT.
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`So ORDERED and SIGNED this 15th day ol‘April. 2020.
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` ORLANDO l,. GARCIA
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`Chiefludge
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`2
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