`
`JUL 0 2 2020
`M U s-msmncr COURT
`THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS £353th ‘
`T
`XAS
` W
`DEP
`Y CLERK
`
`SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`
`CREATED BY THE COVID-19 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 9
`qualifies as a global pandemic, having spread across no less than 120 countries with more than
`2,600,000 confirmed cases in the United States, as of June 30, 2020, according to the Centers for
`Disease Control (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-19), 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-19 as conditions
`worsen. The state of Texas has seen an increase in COVlD-l 9 cases from 63 on March 15, 2020, to
`
`160,000 as ofJune 30, 2020. The CDC’S guidance includes multiple types ofmigration strategies
`generally aimed at reducing or avoiding exposure to infected individuals.
`
`AS ofthe date ofthis Order, there have been thousands of 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 of COVID-l 9. The Court is concerned with the health and safety ofthe
`public, Court employees, staff of other entities with whom the Court personnel interact, litigants,
`including defendants in criminal matters, counsel, interpreters, law enforcement officials, andjurors
`who must work in close quarters to hear evidence and to deliberate.
`
`Therefore, given the continued severity ofthe risk to the persons listed above by the spread
`of COVlD—l 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:
`
`1. All civil and criminal bench and jury trials scheduled to begin on any date from now
`through August 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 ifthey 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 of the continuances
`implemented by this Order are excluded under the Speedy Trial Act, 18 U.S.C. §
`3161(h)(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 ofthe public are served by these continuances.
`
`DISH Ex. 1129, p. 1
`DISH Ex. 1129, p. 1
`DISH v. BBiTV
` DISH v. BBiTV
`|PR2020-01281
` IPR2020-01281
`
`
`
`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 availability ofattorneys.
`Accordingly, courts in the district may opt to conductjury 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, and jurors. lfjudges 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.
`
`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 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 pleadings alone.
`
`5. Magistrate Judges will continue to preside over criminal matters, such as initial
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants.
`
`6. Any events involving the Court that are not case-specific, including, but not 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 August 31, 2020, are hereby cancelled and will be rescheduled as appropriate.
`
`7. All ofthe courthouses ofthe Western District ofTexas 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 CM/ECF
`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 August
`31, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this 2“” day of July, 2020.
`
`\.
`
`ORLANDO L. GARCIA
`
`Chief United States District Judge
`
`DISH Ex. 1129, p. 2
`DISH Ex. 1129, p. 2
`DISH v. BBiTV
` DISH v. BBiTV
`|PR2020-01281
` IPR2020-01281
`
`