IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`FILED
`
`MAY ~ 8 2.020
`
`CLERK. "us. ctsratet CLERK
`ll’ESTER” l—“fi‘CLOF TEXAS
`
`,____,____._L_r_t9
`=-
`DEPUTY
`
`SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`
`CREATED BY THE COVll)-l9 I’ANDEMIC
`
`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 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 of today, according to the CDC. The
`United States District Court for the Western District of Texas has been closely monitoring the
`outbreak of novel coronavirus (which causes the disease designated as COVlD-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 COVlD-l9 as conditions worsen. The CDC's guidance includes multiple
`types ot‘mitigation strategies generally aimed at reducing or avoiding exposure to infected
`individuals.
`
`As of the date of this Order, there have been several thousand confirmed 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 cotnmunity 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.
`
`Therefore, given the continued severity of 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 of 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 Judge. 'l‘hose
`continuanees do not continue any pending deadlines other than the trial dates. Attorneys should
`contact the Presiding Judges in their continued eases ifthcy seek to modify such other deadlines.
`
`Due to the Court's reduced ability to obtain an adequate spectrum ofjurors 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 ofthe continuances
`implemented by this Order are excluded under the Speedy Trial Act, 18 U.S.C. § 3161(lt)(?)(A).
`The Court finds that the ends ol‘justice served by ordering these continuanees outweigh the best
`
`SAMSUNG EX. 1031 -1/2
`
`SAMSUNG EX. 1031 - 1/2
`
`

`

`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.
`
`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
`
`schedule grand jury for emergency matters.
`
`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.
`
`Magistrate Judges will continue to preside over criminal matters, such as initial
`5.
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants.
`
`Any events involving the Court that are not ease-specific, including, 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.
`
`All of the courthouses of the Western District of Texas will remain open for
`7.
`business subject to any restrictions imposed by a judge or judges in each divisiou. However,
`many employees, including some ol‘ehambers staff. will be teleworking, but they will be
`accessible by phone. Electronic filings may continue to be made through the CMIECF system.
`
`Any delivery directed to chambers shall be delivered instead to the Clerk's offices
`8.
`in each courthouse.
`
`Unless vacated, modified, or extended, this Order will remain in effect through
`9.
`June 30, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this 8th day of May, 2020.
`
`/.
`
`ORLANDO I... GARCIA
`
`Chief Judge
`
`SAMSUNG EX. 1031 - 2/2
`
`SAMSUNG EX. 1031 - 2/2
`
`