`
`FOR THE WESTERN DISTRICT OF TEXAS
`
`FILED
`
`JUN 1 8202i]
`
`CLERKJJSEHSTRHJICLERK
`MESTERr-i institIL'JfU-r' 73333
`ekufij’iflmsa’mm-“
`QEPUTT
`
`SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
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`CREATED BY THE COVID-l9 PANDEMIC
`
`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-l‘)
`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 ofJune 16, 2020, according to the Centers for
`Disease Control (CDC). The United States District Court for the Western District ofTexas has been
`closely monitoring the outbreak ofnovel coronavirus (which causes the disease designated as
`COVID-l9), including careful monitoring ofthe 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 COVlD-l9 as conditions
`worsen. The state of Texas has seen an increase in COVlD-l9 cases from 63 on March 15, 2020, to
`93,600 as of June 16, 2020. The CDC's guidance includes multiple types of migration strategies
`generally aimed at reducing or avoiding exposure to infected individuals.
`
`As ofthe date of this Order, there have been thousands ofconfirmed cases of coronavirus
`
`within the Western District of Texas. The State ofTexas 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 ofCOVID-I 9. The Court is concerned with the health and safety of the
`public. Court employees, staffofother entities with whom 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.
`
`Therefore, given the continued severity of the risk to the persons listed above by the spread
`of COVID-I 9 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:
`
`I. All civil and criminal bench and jury trials scheduled to begin on any date from now
`through .Iuly 3 l, 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.
`
`2. Due to the Court’s reduced ability to obtain an adequate spectrum ofjurors and 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(11)(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.
`
`DISH Ex. 1028, p. 1
`DISH Ex. 1028, p. 1
`DISH v. BBiTV
` DISH v. BBiTV
`|PR2020-01280
` IPR2020-01280
`
`
`
`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 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 availabiiity 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. antljurors. lfjttdges 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 ChiefJudge.
`
`Grand Juries will resume in every division on or after July 1. 2020 as determined and
`scheduled by the United States Attorney‘s Office.
`
`4.
`
`individual judges may continue to hold iii-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.
`
`5. Magistrate Judges will continue to preside over criminal matters. such as initial
`appearances. arraignntents. detention hearings. pleas. and the issuance of warrants.
`
`6. Any events involving the Court that are not case-specific. including. but not litnited 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 July 3 l , 2020. are hereby cancelled and will be rescheduled as appropriate.
`
`7. All ofthe courthouses 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.
`
`8. Any delivery directed to chambers shall be delivered instead to the Clerk's offices in each
`courthouse.
`
`9. Unless vacated. modified, or extended. this Order will remain in effect through July 3 l.
`2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this 18‘“ day ofJune, 2020.
`
`\;
`
`ORLANDO L. GARCIA
`
`Chief United States District Judge
`
`DISH Ex. 1028, p. 2
`DISH Ex. 1028, p. 2
`DISH v. BBiTV
` DISH v. BBiTV
`|PR2020-01280
` IPR2020-01280
`
`