`FOR THE WESTERN DISTRICT OF TEXAS
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`SUPPLEMENTAL ORDER REGARDING
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`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
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`CREATED BY THE COVlD-l9 PANDEMIC
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`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-
`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-IQ), including
`careful monitoring of the developing guidance from the Centers for Disease Control and
`Prevention ("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 COVID-l‘) as conditions worsen. The CDC's guidance includes multiple
`types of mitigation strategies generally aimed at reducing or avoiding exposure to infected
`individuals.
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`As ofthe date of this Order. there have been several confirmed cases of coronavirus
`within the Western District of'I‘csas. The State of Texas has made a disaster declaration in
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`re5ponse. The CDC and other public health entities have recommended social distancing as a
`means to limit further community spread ofCOVIl)-19. The Court is concerned with the health
`and safety ofthe public, Court employees, staff ofother 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 and to
`deliberate.
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`'I'hcrefore, given the continued severity ofthe risk to the persons listed above by the
`spread ofCOVlD-l9 in the Western District of Texas. and taking into consideration matters of
`public health, whiic reducing the size of public gatherings and the need for travel. the Court
`orders as follows:
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`All civil and criminal bench and jury trials scheduled to begin on any date from
`1.
`now through May 31, 2020. are continued. to a date to be reset by each Presiding Judge. 'l‘hosc
`continuances do not continue any pending deadlines other than the trial dates. Attorneys should
`contact the Presiding Judges in their continued cases if they seek to modify such other deadlines.
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`Due to the Court's reduced ability to obtain an adequate spectrum ofjurors and
`2.
`due to the reduced availability 0 f attorneys and Court staffto 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)t?)(A).
`The Court finds that the ends ofjttstice served by ordering these continuances outweigh the best
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`Bose Exhibit 1058
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`Bose V. Koss
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`
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`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.
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`3.
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`Effective immediately all grand jury proceedings between now and through May
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`31. 2020 are continued. All deadlines are suspended and tolled for all purposes. including the
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`statute of limitations, from now through May 31. 2020. The U.S. Attorney may schedule grand
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`jury for emergency matters.
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`Individual judges may continue to hold in—person hearings. sentencing
`4.
`proceedings. and conferences. btlt 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.
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`Magistrate Judges will continue to preside over criminal matters. such as initial
`5.
`appearances. arraignments, detention hearings. pleas. and the issuance of warrants.
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`Any events 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
`now and May 31, 2020. are hereby cancelled and will be rescheduled as appropriate.
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`All of the courthouses of the Western District of Texas will remain open for
`7.
`business subject to any restrictions imposed by a judge orjudges in each division. However.
`many employees. including some ofchambers staff. will be teleworking, but they will be
`accessible by phone. Electronic filings may continue to be made through the CMKEC F system.
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`Any delivery directed to chambers shall be delivered instead to the Clerk's offices
`8.
`in each courthouse.
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`9.
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`Unless vacated. modified. or extended. this Order will remain in effect through
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`May 31, 2020, and will then expire.
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`FOR THE COURT.
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`So ORDERED and SIGNED this 15th day of April, 2020.
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` ORLANDO 1.. GARCIA
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`Chichudge
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