THE UNITED STATES DISTRICT COURT
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`FOR THE WESTERN DISTRICT OF I EXAS
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`FllED
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`AUG ~ 6 2020
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`”Sigma. 0 s- oggmm CLERK
`S'lTER [
`_'“_ {Irv
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`vajjrf/IWE’D TEXAS
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`DEPUTY
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`SEVENTH 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 continued outbreak ofnovel coronavirus in the
`United States and the State ofTexas. The World Health Organization has declared that COVlD-l9
`qualities as a global pandemic, having spread across no less than 120 countries with more titan
`4,800,000 confirmed cases in the United States, as ofAugust 5, 2020, according to the Centers l’or
`Disease Control (CDC). The United States District Court For the Western District ofTexas has been
`closely monitoring the outbreak anovel coronavirus (which causes the disease designated as
`COVlD-l9), including careful monitoring ol‘ 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 COVlD-l 9 as conditions
`worsen. The state oi‘Tcxas has seen an increase in COVID-l9 cases From 63 on March 15, 2020, to
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`481,000 as of August 5, 2020. The CDC’s guidance includes multiple types ofmigration strategies
`generally aimed at reducing or avoiding exposure to infected individuals.
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`As of the date of this Order, there have been thousands ot‘contirmed cases ofcoronavirus
`within the Western District ol'Tcxas. The State ot‘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 COVlD-lg. 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 of the risk to the persons listed above by the spread
`of COVlD-l9 in the Western District ofTexas, and taking into consideration matters of public
`health. while reducing the size of public gatherings and the need [or 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 September 30, 2020, are continued, to a date to be reset by each Presiding Judge.
`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 oi" attorneys and Court staff to be present in courtrooms because of
`the public health considerations described above, the time period ot'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 outweigh the best interests of the public and each defendant’s right to a
`speedy trial. in fact, the best interests ofthe public are served by these continuances.
`3. The Court recognizes that not every division within the district is similarly situated. The
`Western District ol'Texas is geographically large and encompasses approximately 93.000
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`1
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`Google Exhibit 1039
`Google Exhibit 1039
`Google v. Parus
`Google V. Parus
`IPR2020-00846
`IPR2020-00846
`
`1
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`

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`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
`sal‘ely allow for an adequate spectrum oijurors and sufficient availability of attorneys.
`Accordingly, courts in the district may opt to conduct jury trials within their respective
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`division subject to a determination, based upon the [acts 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. [t‘judgcs in a
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`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 Chiei‘ Judge.
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`Grand Juries will continue in every division as determined and scheduled by the United
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`States Attorney’s Office.
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`Judges may continue to hold in-pcrson 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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`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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`Any events involving the Court that are not case-specific. including. but not limited to.
`continuing legal education courses. public tours, administration ot‘ oaths to attorneys. and
`naturalization ceremonies conducted by the Court which are scheduled to occur between
`now and September 30. 2020. are hereby cancelled and will be rescheduled as
`appropriate.
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`All oi‘thc courthouses ofthc 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 ofchambers 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 be delivered instead to the Clerk's offices 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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`September 30. 2020. and will then expire.
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`FOR THE COURT.
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`So ORDERED and SIGNED this 6‘“ day of August. 2020. SM t
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`ORLANDO I... GARCIA
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`Chief United States District Judge
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