`
`FOR THE WESTERN DISTRICT OF TEXAS
`
`FILED
`
`MN 1 SETUZU
`
`CLERK, Li S. i'.‘-1'.§i'RlCl‘CLEI-€K
`waives-I DIST-“W TT TT'TTT
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`
`SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`
`CREATED BY THE COVID-19 PANDEMIC
`
`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
`2,100,000 confirmed cases in the United States, as ofJune 16, 2020, according to the Centers for
`Disease Control (CDC). The United States District Court for the Western District oFTean has been
`closely monitoring the outbreak of novel coronavirus (which causes the disease designated as
`COVlD-l9), including careful monitoring ofthe 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 appmpriatc community reSponse to COVID- ] 9 as conditions
`worsen. The state of Texas has seen an increase in COVID-19 cases from 63 on March 15, 2020, to
`
`93,600 as ofJune 16, 2020. The CDCTS guidance includes multiple types ofmigration strategies
`generally aimed at reducing or avoiding exposure to infected individuals.
`
`As ofthe date of this Order, there have been thousands ofconfirmcd 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-l 9. 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 COVlD-19 in the Western District of Texas, and taking into consideration matters of public
`health, while reducing the Size ol’public gatherings and the need for travel, the Court orders as
`follows:
`
`i. All civil and criminal bench andjury trials scheduled to begin on any date from now
`through .luly 3 l, 2020, are continued, to a date to be reset by each Presiding Judge. Those
`continuances do not continue any pending deadlines other than the trial dates. Attorneys
`should contact the Presiding Judges in the continued cases ii'they seek to modify such
`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 st‘al'fto 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 ofthe public and each defendant's right to a
`speedy trial. In fact, the best interests of the public are served by these continuances.
`
`DISH Ex-1033, p. 1
`DISH Ex-1033, p. 1
`DISH v. BBiTV
`DISH v. BBiTV
`IPR2020-01267
`lPR2020—01267
`AT&T EXHIBIT 1033
`
`AT&T EXHIBIT 1033
`
`
`
`3. The Court recognizes that not every division within the district is similarly situated. The
`Western District ol"l‘exas is geographically large and encompasses approximately 93.000
`square miles and 63 counties with many counties far more peptilous 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 conducting jury trials would not compromise the health and safety of Court
`personnel. litigants. counsel. law enforcement. witnesses. and jurors. ”judges in a
`specific division determine jury trials cart 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 Cliici'Judgc.
`
`Grand Juries will resume in every division on or after July 1. 2020 as determined and
`scheduled by the United States Attorney‘s Office.
`
`4.
`
`individual judges may continue to hold in-person hearings. sentencing proceedings. and
`conferences. but 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.
`
`5. Magistrate Judges will continue to preside over criminal matters. such as initial
`appearances. arraignments. detention hearings. pleas. and the issuance of warrants.
`
`6. Any events involving the Court that are not case-specific. including. but not limited to.
`continuing legal education courses, public tours. administration of oaths to attorneys. and
`naturalization ceremonies conducted by the Court which are scheduled to occur between
`now and July 3 l . 2020. are hereby cancelled and will be rescheduled as appropriate.
`
`7. All oi‘thc counhouses ol'the Western District oi'Texas will remain open for business
`subject to any restrictions imposed by ajudgc orjudges in each division. However. many
`employees. including some oi‘cliambers staff, will be teleworking. but they will be
`accessible by phone. Electronic filings may continue to be made through the CM/ECF
`system.
`
`8. Any delivery directed to chambers shall be delivered instead to the Clerk‘s offices in each
`courthouse.
`
`9. Unless vacated, modified, or extended. this Order will remain in effect through July 3 I.
`2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this 18‘“ day of June, 2020.
`
`\/
`
`ORLANDO L. GARCIA
`
`Chief United States District Judge
`
`DISH Ex-1033, p. 2
`DISH Ex-1033, p. 2
`DISH v. BBiTV
`DISH v. BBiTV
`lPR2020—01267
`IPR2020-01267
`AT&T EXHIBIT 1033
`
`AT&T EXHIBIT 1033
`
`