IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`FILED
`
`MAY - 8 2020
`CLERK, US, DISTRICT CLERK
`ReoEIHETOE ERAS
`t _.__t4TOO *
`DEPUTY
`
`SUPPLEMENTAL ORDER REGARDING
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`CREATED BY THE COVID-19 PANDEMIC
`
`This Order is being issued in responseto the recent outbreak of novel coronavirusin 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 noless than 120 countries with more
`than 1,219,000 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 causesthe disease designated as COVID-19), including
`careful monitoring of the developing guidance from the Centers for Disease Control and
`Prevention ("CDC"). The CDC hasdescribed the outbreak in the United States as a "rapidly
`evolving situation" and is providing continuously updated guidance asto the appropriate
`community response to COVID-19 as conditions worsen. The CDC's guidance includes multiple
`types of mitigation strategies generally aimed at reducing or avoiding exposure to infected
`individuals.
`
`As of the date of this Order, there have been several thousand confirmed cases of
`coronavirus within the Western District of Texas. The State of Texas has madea disaster
`declaration in response. The CDC andotherpublic health entities have recommendedsocial
`distancing as a meanstolimit 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
`personnelinteract, 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 ofthe risk to the persons listed above bythe
`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 fortravel, the Court
`orders as follows:
`
`All civil and criminal bench and jurytrials scheduled to begin on anydate from
`dy
`now through June 30, 2020, are continued, to a date to be reset by each Presiding Judge. Those
`continuances do not continue any pending deadlines otherthanthe trial dates. Attorneys should
`contact the Presiding Judgesin their continued cases if they seek to modify such other deadlines.
`
`Dueto the Court's reduced ability to obtain an adequate spectrumofjurors and
`2,
`due to the reduced availability of attorneys and Court staff to be present in courtrooms because
`ofthe public health considerations described above, the time periodof the continuances
`implemented by this Order are excluded under the SpeedyTrial Act, 18 U.S.C. § 3161(h)(7)(A).
`The Court finds that the ends ofjustice served by ordering these continuances outweigh the best
`
`Splunk Inc.
`
`Exhibit 1048
`
`Page 1
`
`Splunk Inc. Exhibit 1048 Page 1
`
`

`

`interests of the public and each defendant's right to a speedytrial. In fact, the best interests ofthe
`public are served by these continuances.
`
`All grand jury proceedings between nowand through June 30, 2020 are
`3.
`continued. All deadlines are suspended and tolled forall purposes, including the statute of
`limitations, from now through June 30, 2020 unless otherwise ordered. The U.S. Attorney may
`schedule grand jury for emergency matters.
`
`Individual judges maycontinueto hold in-person hearings, sentencing
`4.
`proceedings, and conferences, but counsel mayseekrelief from those matters by appropriate
`motions. The parties are encouraged to seek to participate in non-sentencing hearings and
`conferences by telephoneor video. This Order does not impact any court's consideration of
`particular matters on the papersalone.
`
`Magistrate Judges will continue to preside over criminal matters, such as initial
`5.
`appearances,arraignments,detention hearings, pleas, and the issuance of warrants.
`
`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 June 30, 2020, are hereby cancelled and will be rescheduled as appropriate.
`
`All of the courthouses of the Western District of Texas will remain open for
`a
`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.
`
`Anydelivery directed to chambers shall be delivered instead to the Clerk's offices
`8.
`in each courthouse.
`
`Unless vacated, modified, or extended, this Order will remainin effect through
`9.
`June 30, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDEREDand SIGNEDthis 8th day of May, 2020.
`
`ORLANDO L, GARCIA
`Chief Judge
`
`Splunk Inc.
`
`Exhibit1048
`
`Page 2
`
`Splunk Inc. Exhibit 1048 Page 2
`
`