THE UNITED STATES DISTRICT COURT
`CLERK,U.S. DISTRICT CLERK
`
`FOR THE WESTERN DISTRICT OF TEXAS WESTERN DISTRICTOFTEXAS
`
`DEPUTY
`
`FILED
`
`SEP 21 2020
`
`EIGHTH 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 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 acrossnoless than 120 countries with more than
`6,786,000 confirmed cases in the United States, as of September 21, 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 of the developing guidance from the CDC. The CDC has
`described the outbreak in the United States as a “rapidly evolving situation”andis providing
`continuously updated guidanceas to the appropriate community response to COVID-19 as conditions
`worsen. The state of Texas has seen an increase in COVID-19 cases from 63 on March 15, 2020,to
`688,000 as of September 21, 2020. The CDC’s guidance includes multiple types of migration
`strategies generally aimed at reducing or avoiding exposure to infected individuals.
`
`Asofthe date ofthis Order, there have been thousandsof confirmed cases of coronavirus
`within the Western District of Texas. The State of Texas has made a disaster declaration in response.
`The CDC andother public 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,staff of other entities with whom the Court personnel interact, litigants,
`including defendants in criminal matters, counsel, interpreters, law enforcementofficials, 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-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:
`
`1. All civil and criminaljury trials scheduled to begin on any date from now through
`October 31, 2020, are continued, to a date to be reset by each Presiding Judge. Civil and
`criminal benchtrials may proceed providedall safety provisions are considered.
`_ Attorneys should contact the Presiding Judges in the continued cases if they seek to
`modify any pretrial 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’sright to a
`speedytrial. In fact, the best interests of the public are served by these continuances.
`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
`
`Bose Exhibit 1063
`
`Bose v. Koss
`
`

`

`square miles and 68 counties with many counties far more populousthanothers. The
`public health situation related to the novel coronavirusin each division may differ and
`judges in individual divisions may determinethat the conditions in their communities
`safely allow for an adequate spectrumof jurors and sufficient availability ofattorneys.
`Accordingly, courts in the district may opt to conductjury trials within their respective
`division subject to a determination, based uponthe facts and circumstances uniqueto the
`division, that conducting jurytrials would not compromise the health and safety of Court
`personnel,litigants, counsel, law enforcement, witnesses, and jurors. Ifjudges in a
`specific division determine jury trials can be safely conducted, the mostseniordistrict
`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.
`GrandJuries will continue in every division as determined and scheduled by the United
`States Attorney’s Office.
`
`4.
`
`Judges may continueto hold in-person hearings, sentencing proceedings, and
`conferences, but counsel may seek relief from those matters by appropriate motions. The
`parties are encouraged to participate in sentencing hearings, detention hearings, and pleas
`andcivil or criminal motion hearings and conferences by telephone or video. This Order
`does not impact anycourt’s considerationofparticular matters on the pleadingsalone.
`5. Magistrate Judges will continue to preside over criminal matters, suchasinitial
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants. The
`use of video ortelephonefor these matters is encouraged.
`6. Any events involving the Court that are not case-specific, including, but notlimited to,
`continuing legal education courses, public tours, and administration ofoaths to attorneys
`which are scheduled to occur between now and October 31, 2020, are hereby cancelled
`and will be rescheduled as appropriate. Naturalization ceremonies may be convenedif
`appropriate social distancing measures can be ensured.
`
`7. All ofthe 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 chambersstaff, will be teleworking, but they will be
`accessible by phone. Electronic filings may continue to be made through the CM/ECF
`system.
`8. Anydelivery directed to chambersshall be delivered instead to the Clerk’s offices in each
`courthouse.
`
`9. Unless vacated, modified, or extended, this Order will remain in effect through October
`31, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDEREDand SIGNED this
`
`L\
`
`day of September, 2020.
`
`
`
`ORLANDO L. GARCIA
`Chief United States District Judge
`
`