THE UNITED STATES DISTRICT COURT
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`FOR THE WESTERN DISTRICT OF TEXAS
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`FILED
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`JUN 1 82021]
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`CLERK, U S. {FISTRECT CLERK
`WEES'T‘ERr-t marrow 131733-08
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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 of Texas. The World Health Organization has declared tltat COVlD-l9
`qualifies as a global pandemic, having spread across no less than 120 countries with more than
`2,100,000 confirmed cases in the United States, as of June 16, 2020, according to the Centers for
`Disease Control (CDC). The United States District Court for the Western District oTTexas has been
`closely monitoring the outbreak of novel coronavirus (which causes the disease designated as
`COVID-l9), including careful monitoring of 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 COVID-l9 as conditions
`worsen. The state of Texas has seen an increase in COVID-l9 cases from 63 on March 15, 2020, to
`93,600 as ofJune 16, 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 of this Order, there have been thousands ofconfirmcd cases of coronavirus
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`within the Western District of Texas. The State of Texas has tnade a disaster declaration in response.
`The CDC and other public health entities have recommended social distancing as a means to limit
`further community spread oTCOVlD-l 9. The Court is concerned with the health and safety of the
`public, Court employees, staff of other entities with whotn 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 ol‘ the risk to the persons listed above by the spread
`of COVlD-19 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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`I. All civil and criminal bench and jury trials schcdttled to begin on any date From now
`through July 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 the continued cases if they seek to modify such
`deadlines.
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`2. Due to the Court’s reduced ability to obtain an adequate spectrum ot‘jurors and due to the
`reduced availability ofatlorneys and Court staff to be present in courtrooms because of
`the public health considerations described above, the time period ofthe 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 of the public are served by these continuances.
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`SAMSUNG EX. 1017 -1/2
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`SAMSUNG EX. 1017 - 1/2
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`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 p0pulous 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 conduct jury 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 ChiefJudgc.
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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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`individual 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 papers alone.
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`5. Magistrate Judges will continue to presitle 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 .luly 3 l . 2020. are hereby cancelled and will be rescheduled as appropriate.
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`7. All ofthe counhouses ofthe Western District of Texas 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 CMIECF
`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 July 3 |
`2020, and will then expire.
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`.
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`FOR THE COURT.
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`So ORDERED and SIGNED this 181" day of June, 2020.
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`\/
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`ORLANDO L. GARCIA
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`Chief United States District Judge
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`SAMSUNG EX. 1017 - 2/2
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`SAMSUNG EX. 1017 - 2/2
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