`FOR THE WESTERN DISTRICT OF TEXAS
`
`FILED
`
`SEP 2 l 2020
`
`CLERK. us msrmcr CLERK
`‘Q’ESTERN D'STR’CT
`TEXAS
`DEPUTY
`
`EIGHTH SUPPLEMENTAL ORDER REGARDING
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`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
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`CREATED BY THE COVID-l9 PANDEMIC
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`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 COVlD-l9
`qualifies as a global pandemic, having spread across no less 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—l9), 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 COVlD-l9 as conditions
`worsen. The state of Texas has seen an increase in COVlD-19 cases from 63 on March 15, 2020, to
`688,000 as of September 2|, 2020. The CDC’s guidance includes multiple types of migration
`strategies generally aimed at reducing or avoiding exposure to infected individuals.
`
`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 health entities have recommended social distancing as a means to limit
`further community spread of COVID-l9. 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 enforcement 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 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 criminal jury 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 bench trials may proceed provided all 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. §
`3 l 6|(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 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
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`Bose Exhibit 1063
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`Bose V. Koss
`
`
`
`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 of attorneys.
`Accordingly, courts in the district may opt to conduct jury trials within their respective
`division subject to a determination. based upon the facts and circumstances unique to the
`division, that conductingjury trials would not compromise the health and safety of Court
`personnel, litigants, counsel, law enforcement, witnesses, and jurors. Ifjudges in a
`specific division determine jury triais 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.
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`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 rclieffrom those matters by appropriate motions. The
`parties are encouraged to participate in sentencing hearings, detention hearings, and pleas
`and civil or criminal motion hearings and conferences by telephone or video. This Order
`does not impact any court's consideration ofpalticulnr 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. The
`use of video or telephone for these matters is encouraged.
`
`6. Any events involving the Court that are not case-specific, including, but not limited to,
`continuing legal education courses, public tours, and administration ofoaths to attorneys
`which are scheduled to occur between now and October 3 l, 2020, are hereby cancelled
`and will be rescheduled as appropriate. Naturalization ceremonies may be convened if
`appropriate social distancing measures can be ensured.
`
`7’. All ofthe courthouses oftlte 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 chambers staff, will be teleworking, but they will be
`accessible by phone. Electronic filings may continue to be made through the CMEECF
`system.
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`8. Any delivery directed to chambers shall be delivered instead to the Clerk’s offices in each
`courthouse.
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`9. Unless vacated. modified. or extended, this Order will remain in effect through October
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`31, 2020, and will then expire.
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`FOR THE COURT.
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`So ORDERED and SIGNED this
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`2/\
`
`day of September, 2020.
`
`
`
`ORLANDO L. GARCIA
`
`Chief United States District Judge
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`