FILED
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`JUL 0 2 2020
`S Dismm couar
`RK
`THE UNITED STATES DISTRICT COURT
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`FOR THE WESTERN DISTRICT OF TEXAS 323m: ‘ ms T
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`W
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`DEF
`Y 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 COVID-19 PANDEMIC
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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 ofTexas. The World Health Organization has declared that COVlD—l 9
`qualifies as a global pandemic, having spread across no less than 120 countries with more than
`2,600,000 confirmed cases in the United States, as oflune 30, 2020, according to the Centers for
`Disease Control (CDC). The United States District Court for the Western District ofTexas has been
`closely monitoring the outbreak of novel coronavirus (which causes the disease designated as
`COVlD-19), including careful monitoring ofthe 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 COVlD-19 as conditions
`worsen. The state ofTexas has seen an increase in COVlD-19 cases from 63 on March 15, 2020, to
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`160.000 as ofJune 30, 2020. The CDC’s guidance includes multiple types of migration strategies
`generally aimed at reducing or avoiding exposure to infected individuals.
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`As ofthe date ofthis 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 and other public health entities have recommended social distancing as a means to 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 whom the 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.
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`Therefore, given the continued severity ofthe risk to the persons listed above by the spread
`of COVID—l9 in the Western District ofTexas, 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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`I. All civil and criminal bench and jury trials scheduled to begin on any date from now
`through August 3 l , 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 the continued cases ifthey seek to
`modify such deadlines.
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`2. Due to 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(II)(7)(A). The Court finds that the ends ofjustice served by ordering these
`continuances outweigh the best interests ofthe public and each defendant’s right to a
`speedy trial. In fact, the best interests ofthe public are served by these continuances.
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`Google Exhibit 1038
`Google Exhibit 1038
`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 many counties far more populous than others. 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 conductjury trials within their respective
`division subject to a determination, based upon the facts and circumstances unique to the
`division, that conducting jury trials would not compromise the health and safety of Court
`personnel, litigants, counsel, law enforcement, witnesses, and jurors. lfjudges in a
`specific division determine jury trials can be safely conducted, the most senior district
`judge within the relevant division may enter an order making those findings and
`resumingjury trials for the division despite this order and with notice to the ChiefJudge.
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`Grand Juries will resume in every division on or after July 1, 2020 as determined and
`scheduled by the United States Attorney’s Office.
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`4.
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`Judges may continue to hold in-person hearings, sentencing 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 pleadings alone.
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`5. Magistrate Judges will continue to preside over criminal matters, such as initial
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants.
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`6. Any events involving the Court that are not case-specific, including, but not 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 August 31, 2020, are hereby cancelled and will be rescheduled as appropriate.
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`7. All ofthe courthouses ofthe Western District ofTexas will remain open for business
`subject to any restrictions imposed by a judge orjudges in each division. 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 CM/ECF
`system.
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`8. Any delivery directed to chambers shall be delivered instead to the Clerk’s offices in each
`courthouse.
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`9. Unless vacated, modified, or extended, this Order will remain in effect through August
`31,2020, and will then expire.
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`FOR THE COURT.
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`So ORDERED and SIGNED this 2"‘1 day of July, 2020.
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`K.
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`ORLANDO L. GARCIA
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`Chief United States District Judge
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`2
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