`FOR THE WESTERN DISTRICT OF TEXAS
`
`fltED
`
`MAY - 8 2020
`
`CLERK. as. DISTRICT CLERK
`ESTER“ D‘f‘fifilfig TEXAS
`“Tm—"T-
`ospurv
`
`SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`
`CREATED BY THE COVll)—19I’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 acress 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 COVID—IQ), 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-l 9 as conditions worsen. The CDC's guidance includes multiple
`types of mitigation strategies generally aimed at reducing or avoiding exposure to infected
`individuals.
`
`As ofthe 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 community spread ot‘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 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:
`
`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. Those
`continuances do not continue any pending deadlines other than the trial dates. Attorneys should
`contact the Presiding Judges in their continued cases 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
`ofthc 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. § 3 l 61(li)(?)(A).
`The Court finds that the ends ofjustice served by ordering these eontinuances outweigh the best
`
`DISH Ex. 1023, p. 1
`DISH Ex. 1023, p. 1
`DISH v. BBiTV
` DISH v. BBiTV
`|PR2020-01280
` IPR2020-01280
`
`
`
`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-pcrson 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.
`
`7.
`All of the courthouses of the Western District of Texas will remain open for
`business subject to any restrictions imposed by a judge 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 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 l... GARCIA
`
`Chief Judge
`
`DISH Ex. 1023, p. 2
`DISH Ex. 1023, p. 2
`DISH v. BBiTV
` DISH v. BBiTV
`|PR2020-01280
` IPR2020-01280
`
`