THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`Fl LED
`AUG - 6 2020
`CLERK, U,S DISTRICT CLERK
`Vv'ESTERN DISTRIC'.f ~ TEXAS
`BY_ 11/r u
`DEPUTY
`
`SEVENTH SUPPLEMENTAL ORDER REGARDING
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`CREATED BY THE COVID-19 PANDEMIC
`
`This Order is being issued in response to the continued outbreak of novel corona virus in the
`United States and the State of Texas. The World Hea lth Organization has declared that COY I D-19
`qualifies as a global pandemic, having spread across no less than 120 countries with more than
`4,800,000 confirmed cases in the United States, as of August 5, 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 (wh ich causes the disease designated as
`COYID-19), including careful monitoring of the 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 COY! D-19 as conditions
`worsen. The state of Texas has seen an increase in COY! D-19 cases from 63 on March 15, 2020, to
`481,000 as of August 5, 2020. The CDC's guidance includes multiple types of migration strategies
`generally aimed at reducing or avoiding exposure to infected indi viduals.
`
`As of the date of this 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 hea lth entities have recommended social distancing as a means to limit
`further community spread of COV ID-19. The Cou1t is concerned with the health and safety of the
`public, Court employees, staff of other entities with whom the Court personnel interact, litigants,
`including defendants in criminal matters, counsel, interpreters. law enforce ment 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 COYID-19 in the Western District of Texas, and taking into consideration matters of public
`health, wh ile reducing the size of public gatherings and the need for travel, the Cou1t orders as
`follows:
`
`I. All civil and criminal bench and jmy trials scheduled to begin on any elate from now
`through September 30, 2020, are continued, to a dale lo be reset by each Presiding Judge.
`Continuances do not continue any pending deadlines other than the trial dates. Attorneys
`should contact the Presiding Ju.dgcs in the continued cases if they seek to modify such
`deadlines.
`
`2. Due to the Court's reduced ability to obtain an adequate spectrum of j urors and due to the
`reduced ava ilability 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 Tria l Act, 18 U.S.C. §
`3 161 (h)(7)(A). The Court finds that the ends of justice 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.
`3. The Cou1t recognizes that not every division within the district is similarly situated. The
`Western District of Texas is geographically large and encompasses approximately 93.000
`
`Intel Corporation Ex. 1004
`Intel Corp v. UNM Rainforest Innovations - IPR2020-01576
`Page 1 of 2
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`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 of jurors and sufficient availability of allorneys.
`Accordingly, courts in the district may opt lo conduct jury trials within their respective
`division subject to a detennination, 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. If judges 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.
`
`Grand Juries will continue in every division 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 malters 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-speci fie, including, but not limited to,
`continuing legal education courses, public tours, administration of oaths to attorneys, and
`naturalization ceremonies conducted by the Cou1t which are schedu led to occur between
`now and September 30, 2020, are hereby cancelled and will be rescheduled as
`appropriate.
`
`7. All of the cou11houses of the Western District of Texas will rema in 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 CM/ECF
`system.
`
`8. Any delivery directed to chambers shall be delivered instead to the Clerk's offices in each
`courthouse.
`
`9. Unless vacated, mod ified, or extended, this Order will remain in effect through
`September 30, 2020, and wi ll then expire.
`
`So ORDERED and SIGNED this 6'" day of August, 2020. ~ \, l
`
`FOR THE COURT.
`
`ORLANDO L. GARCIA \
`Chief United States District Judge
`
`Intel Corporation Ex. 1004
`Intel Corp v. UNM Rainforest Innovations - IPR2020-01576
`Page 2 of 2
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