`DEC 1.0 2020
`THE UNITED STATES DISTRICT COURT
`s
`FOR THE WESTERN DISTRICT OF TEXAS weary
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`wv.
`1
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`ELEVENTH SUPPLEMENTAL ORDER REGARDING |
`DEP| ij
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`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`CREATED BY THE COVID-19 PANDEMIC
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`This Orderis 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 across no less than 120 countries with
`more than 15,040,000 confirmed cases in the United States, as of December 10, 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" and is 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 1,272,000 as of December 10, 2020. The CDC's
`guidance includes multiple types of migration strategies generally aimed at reducing or avoiding
`exposure to infected individuals.
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`Asofthe date of this Order, there have been thousands of confirmed cases of coronavirus
`within the Western District of Texas. The State of Texas has madea disaster declaration in
`response. The CDCandother 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 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.
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`Therefore, given the continued severity ofthe risk to the personslisted 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 needfortravel, the Court
`orders as follows:
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`1, All civil and criminal jury trials scheduled to begin on any date from now
`through January 31, 2021, are continued to a date to be reset by each Presiding
`Judge. Civil and criminal benchtrials may proceed provided all safety provisions are
`considered. Attorneys should contact the Presiding Judges in the continued casesif
`they seek to modify any pretrial deadlines.
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`2. Dueto the Court's reduced ability to obtain an adequate spectrum ofjurors and due to
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`the reduced availability of attorneys and Court staff to be present in courtrooms |
`becauseof 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
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`these continuances outweigh the best interests of the public and each defendant's right
`to a speedytrial. In fact, the best interests of the public are served by these
`continuances.
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`. The court recognizesthat not every division within the district is similarly situated.
`The Western District of Texas is geographically large and encompasses
`approximately 93,000 square miles and 68 counties with many counties far more
`populousthan others. The public health situation related to the novel coronavirus in
`each division may differ and judges in individual divisions may determinethat the
`conditions in their communities safely allow for an adequate spectrum ofjurors and
`sufficientavailability of attorneys. Accordingly, courts in the district may opt to
`conductjury trials within their respective division subject to a determination, based
`upon the facts and circumstance uniqueto the division, that conducting jury trials
`would not compromisethe health and safety of Court personnel, litigants, counsel,
`law enforcement, witnesses andjurors. Ifjudgesin 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.
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`Grand.Juries will continue in every division as determined and scheduled by the
`United States Attorney’s Office.
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`.
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`Judges may continueto hold in-person hearings, sentencing proceedings, and
`conferences, but counsel may seek relief from those matters by appropriate motions.
`Theparties are encouragedto participate in sentencing hearings, detention hearings,
`and pleas andcivil or criminal motion hearings and conferences by telephone or
`video. This Order does not impact any court's consideration ofparticular matters on
`the pleadingsalone.
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`. Magistrate Judges will continue to preside over criminal matters, such asinitial
`appearances,arraignments, detention hearings, pleas, and the issuance of warrants.
`The use of video or telephone for these matters is encouraged.
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`. Any events involving the Court that are not case-specific, including, but not limited
`to, continuing legal education courses, public tours, and administration of oaths to
`attorneys which are scheduled to occur between now and January 31, 2021, are
`hereby cancelled and will be rescheduled as appropriate. Naturalization ceremonies
`may be convenedif appropriate social distancing measures can be ensured.
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`. All of the courthouses of the Western District of Texas will remain open for business
`subject to any restrictions imposed by a judgeor judges in each division. However,
`many employees,including some ofchambersstaff, will be teleworking, but they will
`be accessible by phone.Electronic filings may continue to be made through the
`CM/ECFsystem.
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`. Any delivery directed to chambers shall be delivered instead to the Clerk's Office in
`each courthouse.
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`9. Unless vacated, modified, or extended, this Order will remain in effect through
`January 31, 2021, and will then expire.
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`FOR THE COURT.
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`So ORDEREDand SIGNEDthis |
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`( ) day ofDecember, 2020.
`Dw \. 4
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`ORLANDO L. GARCIA
`Chief United States District Judge
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