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`FILED
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`NOV 1 8 2020
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`THE UNITED STATES DISTRICT COURT
`CLERK, U S DISTRICT CLERK
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`WEST!:RN DISTf;Jf, T OF TEXAS
`SY ?lfi' D
`DEPUTY
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`TENTH 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 of novel corona virus in
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`the United States and the State of Texas. The World Health Organization has declared that
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`COVID-19 qualifies as a global pandemic, having spread across no less than 120 countries with
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`more than 11,136,000 confirmed cases in the United States, as or November 18, 2020 according
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`to the Centers for Disease Control (CDC). The United States District Court for the Western
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`District of Texas has been closely monitoring the outbreak of novel coronavirus (which causes
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`the disease designated as COVID-19), including careful monitoring of the developing guidance
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`evolving States as a "rapidly from the CDC. The CDC has described the outbreak in the United
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`situation" and is providing continuously updated guidance as to the appropriate community
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`response to COY ID-19 as conditions worsen. The State of Texas has seen an increase in
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`COVID-19 cases from 63 on March 15, 2020, to 1,027,000 as of November 18, 2020. The
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`CDC's guidance includes multiple types of migration strategics generally aimed at reducing or
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`avoiding exposure to infected individuals.
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`As of the date of this Order, there have been thousands of confirmed cases of corona virus
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`the Western District of Texas. The State of Texas has made a disaster declaration in
`within
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`response. The CDC and other public health entities have recommended social distancing as a
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`means to limit further community spread of COVID-19. The Court is concerned with the health
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`and safety or the pub I ic, Court employees, staff of other entities with whom Court personnel
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`litigants, including defendants in criminal matters, counsel, interpreters, law
`interact,
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`enforcement oflicials, and jurors, who must work in close quarters to hear evidence and to
`deli berate.
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`Therefore, given the continued severity of the risk to the persons listed above by the
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`spread of COVID-19 in the Western District of Texas, and taking into consideration matters of
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`public health, while reducing the size of public gatherings and the need for travel, the Court
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`orders as follows:
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`l .All civil
`and criminal jury trials scheduled to begin on any date from now
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`through December 31, 2020, are continued to a date to be reset by each Presiding
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`Judge. Civil and criminal bench trials may proceed provided all safety provisions are
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`considered. Attorneys should contact the Presiding Judges in the continued cases if
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`they seek to modify any pretrial deadlines.
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`and due tospectrum of jurors an adequate to obtain 2.Due to the Court's reduced ability
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`the reduced availability of attorneys and Court staff to be present in courtrooms
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`because of the public health considerations described above, the time period or the
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`continuances implemented by this Order are excluded under the Speedy Trial Act, 18
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`U.S.C.§3161(h)(7)(A). The Court finds that the ends of justice served by ordering
`LG Display
`Exhibit 1034
`LG Display v. Solas
`IPR2020-01238
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`Ex. 1034-001
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`
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`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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`. 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
`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 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 circumstance 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. Ifjudges 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 resuming jury trials for the
`division despite this order and with notice to the Chief Judge.
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`Grand Juries will continue in every division as determined and scheduled by the
`United States Attomey’s Office.
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`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 participate in sentencing hearings, detention hearings,
`and pleas and civil or criminal motion 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.
`The use of video or telephone for these matters is encouraged.
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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, and administration of oaths to
`attorneys which are scheduled to occur between now and December 31, 2020, are
`hereby cancelled and will be rescheduled as appropriate. Naturalization ceremonies
`may be convened if appropriate social distancing measures can be ensured.
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`. All of the courthouses of the Western District of Texas will remain open for business
`subject to any restrictions imposed by ajudge or judges 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
`CM/ECF system.
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`. Any delivery directed to chambers shall be delivered instead to the Clerk's Office in
`each courthouse.
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`EX. 1034-002
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`Ex. 1034-002
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`9. Unless vacated, modified, or extended. this Order will remain in effect through
`December 31, 2020, and will then expire.
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`FOR THE COURT.
`So ORDERED and SIGNED this
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`day of November, 2020.
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`— Mi
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`ORLANDO L. GARCIA
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`Chief United States District Judge
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`EX. 1034-003
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`Ex. 1034-003
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