`FOR THE WESTERN DISTRICT OF TEXAS
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`F 1 LED
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`MAY - 8 2020
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`GLERK. cs. target CLERK
`$5539“! t-Nigjtgog TEXAS
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`HWW__L“——_DEPUW
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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 l-lealth Organization has declared that COVID-
`19 qualifies as a global pandemic, having spread across no less than 120 countries with more
`than 1,219,000 confirmed cases in the United States. as ot‘today, according to the CDC. The
`United States District Court for the Western District 01"l‘cxas 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-19 as conditions worsen. The CDC's guidance includes multiple
`types of mitigation strategies generally aimed at reducing or avoiding exposure to infected
`individuals.
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`As ofthe date 01' this Order, there have been several thousand conlirmed cases of
`coronavirus within the Western District of Texas. The State of Texas has made a disaster
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`declaration in response. The CDC and other public health entities have recommended social
`distancing as a means to limit further community spread ol‘COVlD-l‘). The Court is concerned
`with the health and safety of the public, Court employees, staff of other entities with whom Court
`personnel interact, litigants, including defendants in criminal matters. counsel, interpreters. law
`enforcement officials, and jurors, who must work in close quarters to hear evidence and to
`deliberate.
`
`'I‘herefore, given the continued severity ol‘the 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 ol‘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 June 30, 2020, are continued, to a date to be reset by each Presiding .ludge. Those
`continuances do not continue any pending deadlines other than the trial dates. Attorneys should
`contact the Presiding Judges in their continued cases ifthey seek to modify such other deadlines.
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`Due to the Court's reduced ability to obtain an adequate spectrum of 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 oi‘the continuanecs
`implemented by this Order are excluded under the Speedy Trial Act, 18 U.S.C. § 3161(11)(?)(A).
`The Court finds that the ends ol‘justice served by ordering these continuances outweigh the best
`
`1
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`Google Exhibit 1036
`Google Exhibit 1036
`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 continuances.
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`All grand jury proceedings between now and through June 30, 2020 are
`3.
`continued. All deadlines are suspended and tolled for all purposes, including the statute of
`limitations, from now through June 30, 2020 unless otherwise ordered. The U.S. Attorney may
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`schedule grand jury for emergency matters.
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`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.
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`Magistrate Judges will 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, inciuding, 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 June 30, 2020, are hereby cancelled and will be rescheduled as appropriate.
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`7.
`All of the courthouses of the Western District of Texas will remain open for
`business subject to any restrictions imposed by a judge or judges in each division. However,
`many employees, including some 0!" chambers staff. will be teleworking, but they will be
`accessible by phone. Electronic filings may continue to be made through the CMIECF system.
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`Any delivery directed to chambers Shall he delivered instead to the Clerk‘s offices
`8.
`in each courthouse.
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`Unless vacated, modified, or extended, this Order will remain in effect through
`9.
`June 30, 2020, and will then expire.
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`FOR THE COURT.
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`So ORDERED and SIGNED this 8th day of May, 2020.
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`l.
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`ORLANDO I... GARCIA
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`Chief Judge
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`2
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