`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`LEGAL NEWSWIRE (/LEGALNEWSWIRE/)
`EVENTS (lEVENTSI)
`PRACTICE TOOLS
`PUBLICATIONS
`VERDICT SEARCH (HTTPS://VERDICTSEARCH.COM/FEATURED-VERDICTS/I
`JOBS (HTTPS://LAWJOBS.COM/)
`
`LEGAL DICTIONARY (HTTPS://DICTIONARY,LAW.COM/)
`
`UNITED STATES
`
`PROMOCODE=TX&SOU RCE=H'|'I'PS%3A%
`|NFECTIONS-DANGEROUSLY-Rli
`
`fixaiiffyilearchn
`
`LAWCOMM TEXAS LAWYER-mmmfl) —@p
`
`=
`=
`
`_
`I
`-
`.
`
`
`THROUGH-MARCH-2021l&lNTCMP=SU
`
`
`COVlD-19(ITOPICS/COVID-IQI)
`
`TOPICS
`
`(ITOPICSI)
`
`SURVEYS&RANK|NGS
`
`(IRANKINGSI)
`
`CASES
`
`(lTEXASLAWYER/CASE-DIGESTSI)
`
`ALLSECTIONS
`
`(lTEXASLAWYER/SITE
`
`News (/news/)
`
`With Infections ‘Dangerously Rising,‘ East
`Texas Federal Judge Halts Jury Trials
`Through March 2021
`
`ChiefJudge Rodney Gilstrap of the US. District Court for the Eastern District of Texas in Marshall has postponed all
`trials through at least March 2021, in response to the coronavirus spike and infections that spread at anotherjury tr
`his district.
`
`
`By A_ngela Morris (mpszllwww.Iaw.com/texasla
`
`er/author/profile/Angela-Morrisl)
`
`| November 23, 2020 at 01:58 PM
`
`f
`
`In
`
`’
`
`@jflpzllwwwalmreprints.com)‘
`
`Trending Stories
`1 After the Pandemic: What V
`Law Firms Look Like When
`Over?
`(lgmgriganlawyerlZQZQflu:
`the-pandemic-what-will-law
`firms-Iook-like-when-its-ove
`TH E AM ERICAN LAWYER
`
`(W)
`
`2
`
`httpszl/www.|aw.com/texaslawyer/2020/11/23/with-infections-dangerously—rising-east—texas-federal—judge-halts-jury—trials—through-march-2021/
`
`1/6
`
`SAMSUNG EX. 1040 -1/6
`
`SAMSUNG EX. 1040 - 1/6
`
`
`
`12/1/2020
`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`State Bar Passes Mandator}
`SEND-IE I!
`.
`l'
`Recommendation
`(ltexaslawyer/2020/11/07/s
`bar-passes-mandatory—covii
`19-vaccination-
`recommendationl)
`NEW YORK LAWJOURNAL
`(/N EWYO RKLAWJOU RNAL/)_
`
`'It Was Terrifyi_ng.' Law Deal
`on the Mend From COVID-1
`(/texaslawyer/2020/11/30/i1
`wwmgw
`the-mend-from-covid-19l)
`LAW.COM (H'lTPS://WWW.LAW.CO|
`
`Will Law Firm Partnershitg
`Mom
`Measures?
`(lamericanlawyer12020111li
`Iaw-firm-partnerships-take-
`
`Minim-f-n W- X-
`measuresl)
`THE AMERICAN LAWYER
`(/AMERICANLAWYERl)
`
`Former Attorney Fred Tokal
`Dies in Prison, 28 Years Aftr
`Arrangi_ng Wife's Murder
`(WW
`attorney-fred-tokars-dies-in
`prison-28-years-after-
`arrangigg-wifes—murderl)
`DAILY REPORT ONLINE
`(/DAILYREPORTONLINE/)
`
`
`
`ChiefJudgeJames "Rodney" Gilstrap. Photo: Diego M. Radzinschi/NLJ
`
`A federal judge has listened after a handful of litigants tried to reschedule their trials
`
`in the midst of another coronavirus spike and news that a jury trial in mid-November
`
`spread the virus.
`
`ChiefJudge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas
`
`in Marshall entered the same order to grant continuances in his cases that were
`
`scheduled forjury trials over the next three months. The trials are not happening
`until at least March 1, 2021.
`
`"We now face a dangerously rising rate of increase in COVlD-19 cases and swelling
`
`hospitalizations in this district and across the country,” Gilstrap wrote. "This changing
`
`reality has recently been brought home by a trial conducted elsewhere in this district
`
`where, despite extensive precautions and safeguards, a mistrial was declared after
`
`multiple jurors, counsel and court staff tested positive for COVID-19."
`
`After at least 15 jurors, court staff and plaintiffs and defense team members were
`
`infected with COVID-19 at a jury trial in U.S. DistrictJudge Amos Mazzant’s courtroom
`
`earlier this month, at least three defendants in three separate cases requested
`
`continuances in matters that were scheduled forjury trials before Gilstrap in early
`December.
`
`Read more: 15 Infections, Mistrial: How Litigants Are Filing for Continuances
`
`After Texasju_ry Trial Spread COVlD-19
`
`(Imps/[WWW law com/texaslawyer/2020/11/1 9/15-infections-mistrial-how-
`
`Ltigants-are-fiIing—for-continuances-after—texas—jmy—trial-spread-covid-1 9]),
`
`With reluctance, Gilstrap approved the trial delays.
`
`He’s not the only federal judge to reach this conclusion lately. U.S. District Courts
`
`across the nation—like in Pennsylvania, New York, Virginia and Maryland—have
`
`.(mpszllwwaawxom/texaslawyerl2020/11/20/amid-covid-19-spike-25-federal-
`
`courts-in-21-states-are-quittingrjmy-trials-ageril),
`
`httpszl/www.law.com/texaslawyer/2020/11/23/with-infections-dangerously—rising-east—texas-federal—judge-halts-jury—trials—through-march-2021/
`
`2/6
`
`SAMSUNG EX. 1040 - 2/6
`
`SAMSUNG EX. 1040 - 2/6
`
`
`
`12/1/2020
`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`Gilstrap’s order explained that federal courts in the Eastern District and elsewhere
`
`shutdown in March because of the pandemic, butjudges were convinced they could
`
`resume in-person proceedings safely injune and July because infection rates had
`
`subsided.Judges and court staff put time and energl into safety precautions and
`
`protocols based on public health officials' recommendations, the order said.
`
`Gilstrap’s court did its first in-person jury trial in August, followed by trials in
`
`September, October and November, said the order.
`
`The judge wrote that the current public health status required him to continue all in-
`
`person jury trials. The order noted that the court’s docket has complex civil cases
`
`and that court participants have to travel in from other domestic or international
`
`locations. Those places have travel restrictions and quarantines.
`
`Gilstrap wrote that he was reluctant to take this step. There had been huge efforts to
`
`resume in-person jury trials. The court could adequately address some motions
`
`through virtual proceedings, but to really give parties their rights under the
`
`Constitution, the court was required to hold in-person jury trials, the order
`
`explained.
`
`"Jury trials are innately human experiences. More is often communicated in a
`
`courtroom non-verbally than verbally. Such a human experience must allow for the
`
`look and feel of direct human interaction,” said the order. "This court is persuaded
`
`
`
`that the remote, sterile, and disjointed reality of virtual proceedings cannot at
`
`
`
`FEATURED PRODUCI'
`
`Global Briefing
`,(tltps://store.law.con
`QproductCode=LAWl
`A weekly, curated selection of ou
`international content from arounc
`the globe, across the business 01
`law, in-house, regulatory,
`technology and more, with exper
`insights from our senior editors.
`
`Learn More
`(httpszllstore.law.com/Registratic
`&productCode=LAWl NTEDGLOBAL
`
`present replicate the totality of human experience embodied in and required by our
`Sixth and Seventh Amendments."
`
`Gilstrap’s order dropped other hints on his true thoughts about virtual proceedings.
`
`It’s not good.
`
`The order said that audio and video that is out-of—sync, and connections that get
`
`dropped during proceedings, have detracted from administeringjustice. The court
`
`can’t observe intonation, body language, attitude and other vocal or physical
`
`nuances "that normally breathe life and meaning into the written briefing," the order
`said.
`
`"This approach also unavoidably hampered the court’s ability to interject questions
`
`and have an easy dialogue with counsel," Gilstrap wrote.
`
`Litigators’ spouses, children or family pets intruded into virtual proceedings, said the
`order.
`
`Gilstrap wrote, "While such happenings may be an increasing norm of remote work
`
`in many contexts, they stand in stark contrast to the formality and solemnity in
`
`which court proceedings traditionally are and must be conducted."
`
`Related story:
`
`Amid COVlD-19 Spifi, 25 Federal Courts in 21 States Are QuittingJ_ury Trials Agfl
`(litpsd/www.law.com/texaslawyer/2020/11/20/amid-covid-19-spike-25-federal-courts-
`in-21-states-are-quitting:ju_ry-trials-agLnl)
`
`f SHARE
`
`:7 SHARE
`
`httpszllwww.law.com/texaslawyer/2020/11/23/with-infections-dangerously—rising-east—texas-federal—judge-halts-jury—trials—through-march-2021/
`
`3/6
`
`SAMSUNG EX. 1040 - 3/6
`
`SAMSUNG EX. 1040 - 3/6
`
`
`
`12/1/2020
`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`Angela Morris
`Angela
`Morris is
`ALM
`
`_(Mps://www.law.com/texaslawyer/author/profile/AngeIa-Morrisl),
`
`Media's
`Texas
`litigation
`reporter.
`She covers
`lawsuits in all levels of Texas state and federal courts. Based in Austin, Morris earned journalism and
`government degrees from the University of Texas at Austin in 2006, and since then, has worked
`primarily as a reporter and writer, but also has skills in videography, photography and podcasts. Follow
`her on Twitter at @AMorrisReports.
`
`More from this author -> (https:llwww.law.comltexaslawyerIauthor/profilelAngela-Morrisl)
`
`Dig Deeper
`
`Federal Government (Itopics/federal-governmentl)
`
`Court Administration (ltopics/court-administrationl)
`
`COVlD-19 (ltopics/covid-19l)
`
`
`
`Recommended Stories
`
`DAILY BUSINESS REVIEW
`(HTTPS://WWW.LAW.COM/DAILYBUSINESSREVIEWI)
`
`Mask-Wearing Broward Lawyers Work
`to Connect With Jurors During ln-
`Person Trial
`
`(h_ttps://www.law.com/texaslawyer/2020/11/25/mask-
`wearing-broward-lawyers-work-to-
`connect-with-jurors-during-in-person-
`.
`
`triall)
`
`MICHAEL A MORA
`
`(HTTPS://WWW.LAW.COM/DA|LYBUSINESSREVIEW/AUTHOR/PROFILE/MICHAEL-
`MAI) | NOVEMBER 25, 2020
`
`Among the challenges the litigators faced was having two of the
`jurors dismissed for COVlD-19-related reasons, leaving six to
`decide the case.
`
`DAILY BUSINESS REVIEW
`(HTTPSflflflLV.LAW.COM(DAILYBUSINESSREVIEWl)
`
`What a Miami Federal Judge's Order
`on Grand Juries Means for Litigators
`(h_ttps://www.Iaw.com/texaslawyer/2020/11/24/what-
`
`Featured Firms
`
`_
`_
`Law Offices of Gary Martin H
`Associates P.C.
`75 PONCE DE LEON AVE NE STE 101
`
`ATLANTA, GA 30308
`(470) 294-1674 www.garymartinhay:
`
`Law Offices of Mark E, Salon
`2 OLIVER ST #608
`BOSTON, MA 02109
`(857) 444-6468 www.marksalomone
`
`Smith & Hassler
`1225 N LOOP W #525
`HOUSTON, TX 77008
`(713) 739-1250 www.5mithandhassli
`
`PresentEd by Big
`
`httpszl/www.|aw.com/texaslawyer/2020/11/23/with-infections-dangerously—rising-east—texas-federal—judge-halts-jury—trials—through-march-2021/
`
`4/6
`
`SAMSUNG EX. 1040 - 4/6
`
`SAMSUNG EX. 1040 - 4/6
`
`
`
`12/1/2020
`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`a-miami-federal-jglges—order-on-
`grand-juries-means-for-litigatorsl).
`MICHAEL A. MORA
`(HTTPS://WWW.LAW.COM/DA|LYBUSI NESSREVIEW/AUTHOR/PROFILE/MICHAEL—
`A.—MORA/) | NOVEMBER 24, 2020
`
`Despite grand juries resuming in the Southern District of Florida,
`jury trials will not restart until at least April 5,2021.
`
`LAW.COM (HTTPS:[1flflV_V.LAW.COM/)
`
`'It Was Terrifyi_ng.' Law Dean on the
`Mend From COVlD-19
`
`‘(h_ttps://www.Iaw.com/texaslawyer/2020/11/30/it-
`was-terrifyi_ng-law-dean-on-the-mend-
`from-covid-19l)‘
`KAREN SLOAN
`
`(H'l'l'PS'//WWW LAW COM/AUTHOR/PROFILE/KAREN-SLOAN/). |
`NOVEMBER 30, 2020
`
`University of Missouri Law Dean Lyrissa Lidsky is recovering after
`a two-week bout with COVID—1 9 that sent her to the hospital.
`
`More from ALM
`
`CLE Center
`
`Legal Compass
`
`Events
`
`Webcasts
`
`Lawjobs
`
`Professional Announcements
`
`Premium Subscription
`With this subscription you will receive unlimited
`access to high quality, online, on-demand
`premium content from well-respected faculty in
`the legal industry. This is perfect for attorneys
`licensed in multiple jurisdictions or for attorneys
`that have fulfilled their CLE requirement but need
`to access resourceful information for their
`practice areas.
`
`View Now
`(http://c|ecenter.com/Program/Premium.aspx)
`
`Team Accounts
`
`Our Team Account subscription service is for legal
`teams of four or more attorneys. Each attorney is
`granted unlimited access to high quality, on-
`demand premium content from well-respected
`faculty in the legal industry along with
`administrative access to easily manage CLE for the
`entire team.
`
`View Now
`(http://clecenter.com/C|eForFirm/Default.aspx)
`
`Bundle Subscriptions
`Gain access to some of the most knowledgeab
`and experienced attorneys with our 2 bundle
`options! Our Compliance bundles are curated
`CLE Counselors and include current legal topic
`and challenges within the industry. Our seconc
`option allows you to build your bundle and
`strategically select the content that pertains to
`your needs. Both options are priced the same.
`
`View Now (http://c|ecenter.com/Defau|t.aspx)
`
`gLE Center —> (http'J/clecgntgmgm)
`
`ALM Legal Publication Newsletters
`
`Sign Up Today and Never Miss Another Story.
`As part of your digital membership, you can sign up for an unlimited number of a wide range of
`complimentary newsletters. Visit your My Account (h_ttps:/[store.|aw.com/registration/login.aspx_?
`promoCode=TX) page to make your selections. Get the timely legal news and critical analysis you cannot
`afford to miss. Tailored just for you. In your inbox. Every day.
`
`Subscribe Now
`
`(l1_'ttps://store.law.com/registration
`promoCode=TX)
`Lwaqflyjflpsflwwwa|m.com/m
`POJCyLw/l
`
`httpszllwww.|aw.com/texaslawyer/2020/11/23/with-infections-dangerously—rising-east—texas-federal—judge-halts-jury—trials—through-march-2021/
`
`5/6
`
`SAMSUNG EX. 1040 - 5/6
`
`SAMSUNG EX. 1040 - 5/6
`
`
`
`12/1/2020
`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`.(l).
`
`_(https://www.facebook.com/LawdotcomALM/)_
`
`_(https://twitter.com/Iawdotcom)
`
`_(https://www.|inkedin.com/company/law—com/)_
`
`(h_ttpzl/feedsfeedblitz.com/law/|ega|-news/)
`
`About Us (lstatic/about-usl)
`
`/ Contact Us(/static/contact—us/)I
`
`/ Site Map_(/sitemap_/)
`
`/ Advertise With Us {/static/advertise-with-usl) / Customer Sen/ice (h_ttps://www.a m.com/cc
`
`RANKINGS
`
`MORE
`
`LAW.COM
`
`PUBLICATIONS
`
`LAW TOPICS
`
`Law.com US Editior
`Events (leventsl)
`Am Law 100
`Ltigation (h_opics/Iitigationl)
`The American Lawyg
`Law.com Int‘l Edition (/in_te
`Deals and Transactions (/t_opics/deals- (WMEM ggal Compaé
`(Wye—H)
`MWMMWI W)
`W)
`(mummmmgmwum
`23mm;
`National Lanournal
`Law Firm Management {/t_opics/|aw- W EprOWIE/bus'w
`Law.com Radar (fl:
`lmamuaflammnaln
`firmmanagememn
`I
`I am_law_200/)g
`,
`.
`I
`I g I
`.
`.
`Briefings_(/statIc/brlef
`New York Lanournal
`ggal Practice Management — Editorial Calendar (leditoriaI-calendarl)
`Analysis (/analysis
`(lnewyorklawjournall)
`(h_opics/lega_l-practice-managementl) M
`an| Dictionary,
`— _
`I
`I
`I
`(lamericanlawyer/rankings/the-ZOZO-
`(htt S'I/dictiona
`law coml)
`IM—aS’ESQIW
`NewJersey Lanoumal
`gybersecurity_(/t_opics/cybersecurityj)
`,_}3.—th
`— —‘ —. — — —— global-2000
`,
`.
`,
`Webcasts (lwebcas‘
`
`—.i
`—' WJW
`I
`(mjjfliqourna /)
`Intellectual Property
`|
`hivjobscom (mo/l aWJObS.C0m/)_
`|
`The Recorder(/therecorder/)
`(/t_opics/intellectual-pr_omyj),
`I(/nationa awjourna Irankings/ZOZO-nj;
`Law Firms (llaw-firms/)
`
`-
`-
`-
`-
`.
`.
`500/)
`M(/t_0picilegal-edu—cationll
`More Publications > ([publicationsl)
`More Law Topics > (/topics/)_
`—
`Pro Bono Scorecard
`
`Ega—lNEWSWIFE (/|_ega—|newswire/)
`(lamericanlawyer/rankingslpro-bonol)
`Verdict Search
`The A-List
`(h_ttpsz/lverdictsearch.com/featured-
`(WYWBMI.
`may).
`
`Mankingamzanls‘mgfl).
`
`Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.
`
`httpszl/www.|aw.com/texaslawyer/2020/11/23/with-infections-dangerously—rising-east—texas-federal—judge-halts-jury—trials—through-march-2021/
`
`6/6
`
`SAMSUNG EX. 1040 - 6/6
`
`SAMSUNG EX. 1040 - 6/6
`
`