`FOR THE DISTRICT OF DELAWARE
`
`STANDING ORDER RE:
`CRIMINAL AND CIVIL JURY
`SELECTIONS; JURY TRIALS;
`AND TRANSITION TO PHASE 2
`
`:
`:
`
`::
`
`
`
`IN RE: COURT OPERATIONS UNDER
`THE EXIGENT CIRCUMSTANCES
`CREATED BY COVID-19
`
`AND NOW, this 1st day of September, 2020, pursuant to the Revised Standing
`
`Order dated May 27, 2020, and in order to further public health and safety, the health and
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`safety of Court personnel, counsel, litigants, other case participants, jurors, security
`
`personnel and the general public and in order to reduce the number of gatherings
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`necessarily attendant to trial jury selection in this Court, and in order to minimize travel
`
`by participants in Court proceedings, particularly travel by public conveyance, it is hereby
`
`ORDERED as follows:
`
`1.
`
`Effective this date, all civil and criminal jury selections and jury trials in the
`
`District of Delaware scheduled to begin before September 15, 2020, are
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`continued pending further Order of the Court. The Court may issue Orders
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`concerning future general continuances of any matters as may be deemed
`
`necessary and appropriate. All jury selections and trials affected by this
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`Order will be reset by further Order of the assigned judicial officer.
`
`The Court will continue to operate under Phase 1 of the District’s Re-
`
`Opening Guidelines through September 14, 2020.
`
`Subject to the conditions set out in paragraph 4 below, the District will
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`2.
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`3.
`
`Illumina Ex. 1155
`Illumina v. Columbia
`IPR2020-01177
`
`
`
`begin to operate under Phase 2 of the Re-Opening Guidelines on September
`
`15, 2020. Phase 2 permits the Court to conduct jury trials, at the discretion
`
`of the presiding judge in each individual case, subject to constraints
`
`imposed by limited resources and building space.
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`4.
`
`The Court will continue to monitor conditions with respect to coronavirus
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`in Delaware and the surrounding region. The Court will consider guidance
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`from the Centers for Disease Control and Prevention and other federal,
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`state, and local public health authorities. Provided that the trends remain at
`
`or around where they are as of the date of this Order – for example, a
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`downward trend of COVID-19 case counts in Delaware over a sustained
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`period (i.e., the most recent 30-day period and several months before), a
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`positivity rate of around 5% or fewer of those tested, and/or no substantial
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`expansion of new hospitalizations – the Court will enter Phase 2, as
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`provided in paragraph 3.
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`5.
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`At least in the initial stages of Phase 2, it is anticipated that the Court will
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`conduct no more than one jury trial at a time and will give priority to
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`criminal trials.
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`FOR THE COURT:
`
`/s/ Leonard P. Stark
`
`Chief District Judge
`
`
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