THE UNITED STATES DISTRICT COURT
`CLERK, U.S. DISTRICT CLERK
`
`FOR THE WESTERN DISTRICT OF TEXAS WESTERN DISTRICTOFTEXAS
`
`DEPUTY
`
`FILED
`
`SEP 21 2020
`
`EIGHTH SUPPLEMENTAL ORDER REGARDING
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`
`CREATED BY THE COVID-19 PANDEMIC
`
`This Orderis being issued in response to the continued 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 no less than 120 countries with more than
`6,786,000 confirmed casesin 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-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 guidance as 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
`688,000 as of September 21, 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 madea disaster declaration in response.
`The CDC and other 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 the 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 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 needfor 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 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.
`
`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. §
`3161(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’sright 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.
`
`Exhibit 1052
`
`Page 1
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`Splunk Inc. Exhibit 1052 Page 1
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`

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`square miles and 68 counties with many counties far more populous thanothers. The
`public health situation related to the novel coronavirusin each division may differ and
`judges in individual divisions maydeterminethat the conditions in their communities
`safely allow for an adequate spectrum ofjurors and sufficient availability ofattorneys.
`Accordingly, courts in the district may opt to conductjury trials within their respective
`division subject to a determination, based upon the facts and circumstances uniqueto 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 seniordistrict
`judge within the relevant division may enter an order making those findings and
`resuming jurytrials for the division despite this order and with notice to the Chief Judge.
`GrandJuries will continue in every division as determined and scheduled by the United
`States Attorney’s Office.
`
`4.
`
`Judges may continueto hold in-person hearings, sentencing proceedings, and
`conferences, but counsel mayseekrelieffrom those matters by appropriate motions. The
`parties are encouragedto participate in sentencing hearings, detention hearings, and pleas
`and civil or criminal motion hearings and conferences by telephoneor video. This Order
`does not impact anycourt’s considerationofparticular 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. The
`use ofvideo or telephone for these matters is encouraged.
`6. Anyevents involving the Court that are not case-specific, including, but notlimitedto,
`continuing legal education courses, public tours, and administration ofoaths to attorneys
`which are scheduled to occur between nowand October31, 2020, are hereby cancelled
`and will be rescheduled as appropriate. Naturalization ceremonies may be convenedif
`appropriate social distancing measures can be ensured.
`
`7. All ofthe courthouses of the 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 chambersstaff, will be teleworking, but they will be
`accessible by phone. Electronic filings may continue to be made through the CM/ECF
`system.
`8. Anydelivery 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 October
`31, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDEREDand SIGNEDthis
`
`L\
`
`day of September, 2020.
`
`
`
`ORLANDOL. GARCIA
`Chief United States District Judge
`
`Splunk Inc.
`
`Exhibit1052
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`Page 2
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`Splunk Inc. Exhibit 1052 Page 2
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