`FOR THE WESTERN DISTRICT OF TEXAS
`
`SUPPLEMENTAL ORDER REGARDING
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`CREATED BY THE COVID-19 PANDEMIC
`
`FILED
`
`APR 1 8 2020
`uments Gh,
`eecEeeeeae
`WESTERN Dis
`IGTOF TEXAS
`BY.fre
`DEP TY
`
`This Orderis being issuedin responseto the recent outbreak of novel coronavirus inthe
`United States and the State of Texas. The World Health Organization has declared that COVID-
`19 qualifies as a global pandemic, having spread across no less than 120 countries with more
`than 605,000 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-19), including
`careful monitoring of the developing guidance from the Centers for Disease Control and
`Prevention ("CDC"). The CDC hasdescribed the outbreak in the UnitedStates as a "rapidly
`evolving situation" and is providing continuously updated guidance as to the appropriate
`community response to COVID-19 as conditions worsen. The CDC's guidance includes multiple
`types of mitigation strategies generally aimed at reducing or avoiding exposure to infected
`individuals.
`
`Asofthe date of this Order, there have been several confirmed cases of coronavirus
`within the Western District of Texas. The State of Texas has madeadisaster declarationin
`response. The CDC andotherpublic health entities have recommendedsocial distancing as a
`meansto limit further community spread of COVID-19. The Court is concerned with the health
`and safety of the public, Court employees, staffof 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 andto
`deliberate.
`
`Therefore, given the continued severity ofthe risk to the persons listed above bythe
`spread of COVID-19 in the Western District of Texas, and taking into consideration matters of
`public health, while reducing the size of public gatherings and the needfortravel, the Court
`orders as follows:
`
`All civil and criminal benchand jurytrials scheduled to begin on anydate from
`l.
`nowthrough May31, 2020, are continued, to a date to be reset by each Presiding Judge. Those
`continuances do not continue any pending deadlines other thanthetrial dates. Attorneys should
`contact the Presiding Judgesin their continued cases if they seek to modify such other deadlines.
`
`Due to the Court's reduced ability to obtain an adequate spectrum ofjurors and
`ay
`due to the reduced availability of attorneys and Courtstaff to be present in courtrooms because
`of the public health considerations described above, the time period ofthe continuances
`implemented bythis Order are excluded under the SpeedyTrial Act, 18 U.S.C. § 3161(h)(7)(A).
`The Court finds that the ends ofjustice served by ordering these continuances outweighthe best
`
`Bose Exhibit 1058
`
`Bose v. Koss
`
`
`
`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.
`
`Effective immediately all grand jury proceedings between nowand through May
`3;
`31, 2020 are continued. All deadlines are suspended andtolled for all purposes, including the
`statute of limitations, from nowthrough May 31, 2020. The U.S. Attorney may schedule grand
`jury for emergency matters.
`
`Individual judges maycontinue to hold in-person hearings, sentencing
`4,
`proceedings, and conferences, but counsel mayseek 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 anycourt's consideration of
`particular matters on the papersalone.
`
`Magistrate Judges will continue to preside over criminal matters, suchas initial
`5:
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants.
`
`Anyevents involving the Court that are not case-specific, including, but not
`6,
`limited to, continuing legal education courses, public tours, administration ofoaths to attorneys,
`and naturalization ceremonies conducted by the Court which are scheduled to occur between
`nowand May31, 2020, are herebycancelled and will be rescheduled as appropriate.
`
`All of the courthouses of the Western District of Texas will remain openfor
`hi
`business subject to any restrictions imposed bya judge or judges in each division. However,
`many employees, including some of chambersstaff, will be teleworking, but they will be
`accessible by phone. Electronicfilings may continue to be made through the CM/ECF system.
`
`Anydelivery 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.
`May 31, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this 15th day of April, 2020.
`
` ORLANDO L. GARCIA
`
`Chief Judge
`
`