FILED
`
`AUG -6 2020
`eer U.S. DISTRICT CLERK
`THE UNITED STATESDISTRICT COURT
`-STERNDISTRICE
`OE
`7
`:
`FOR THE WESTERN DISTRICT OF TEXAS By ifm) TEXAS
`
`DEPUTY
`
`SEVENTH SUPPLEMENTAL ORDER REGARDING
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`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
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`CREATED BY THE COVID-19 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 COVID-19
`qualifies as a global pandemic, having spread across no less than 120 countries with more than
`4,800,000 confirmedcases in the United States, as of August 5, 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 guidanceasto 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
`481,000 as of August 5, 2020. The CDC’s guidance includes multiple types of migration strategies
`generally aimed at reducing or avoiding exposureto infected individuals.
`
`Asof 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 madeadisaster declaration in response.
`The CDC and otherpublic 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 the Court personnel interact, litigants,
`including defendants in criminal matters, counsel, interpreters, law enforcementofficials, and jurors
`who must workin close quarters to hear evidence and to deliberate.
`
`Therefore, given the continuedseverity ofthe 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 bench and jury trials scheduled to begin on any date from now
`through September 30, 2020, are continued, to a date to be reset by each Presiding Judge.
`Continuances do not continue any pending deadlines other than thetrial dates. Attorneys
`should contact the Presiding Judges in the continued cases if they seek to modify such
`deadlines.
`
`2. Dueto the Court’s reduced ability to obtain an adequate spectrumof jurors and dueto 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. §
`3161(h)(7)(A). The Court finds that the ends ofjustice served by ordering these
`continuances outweighthe 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.
`3. 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
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`Splunk Inc.
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`Exhibit1051
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`Page 1
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`Splunk Inc. Exhibit 1051 Page 1
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`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
`judgesin individual divisions may determine that the conditions in their communities
`safely allow for an adequate spectrum of jurors and sufficient availability ofattorneys.
`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 jurytrials would not compromise the health and safety of Court
`personnel, litigants, counsel, law enforcement, witnesses, and jurors. Ifjudges ina
`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.
`
`Grand Juries will continue in every division as determined and scheduled by the United
`States Attorney’s Office.
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`4.
`
`Judges may continue to hold in-person hearings, sentencing proceedings, and
`conferences, but counsel mayseek 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 pleadingsalone.
`
`5. Magistrate Judges will continue to preside over criminal matters, such asinitial
`appearances,arraignments, detention hearings, pleas, and the issuance of warrants.
`
`6. Any events involving the Court that are not case-specific, including, but notlimited 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
`nowand September 30, 2020, are hereby cancelled and will be rescheduledas
`appropriate.
`
`7. Allofthe courthouses of the Western District of Texas will remain open for business
`subject to any restrictions imposed bya 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.
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`8. Anydelivery 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
`September 30, 2020, and will then expire.
`
`FOR THE COURT.
`So ORDERED andSIGNED this 6" dayof August, 2020.
`
` ORLANDO L. GARCIA
`
`Chief UnitedStates District Judge
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`Splunk Inc.
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`Exhibit1051
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`Page 2
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`Splunk Inc. Exhibit 1051 Page 2
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