THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`FILED
`
`NOV 18 2020
`1S. DISTRIC
`
`T CLERK
`I TEXAS
`
`TENTH 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 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 spreadacross noless than 120 countries with
`more than 11,136,000 confirmed cases in the United States, as of November 18, 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 hasdescribed 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 1,027,000 as of November 18, 2020. The
`CDC's guidance includes multiple types of migration strategies generally aimed at reducing or
`avoiding exposure to infected individuals.
`
`As ofthe date of this Order, there have been thousands of confirmed cases of coronavirus
`within the Western District of Texas. The State of Texas has made adisaster declaration in
`response. The CDC andotherpublic health entities have recommendedsocial distancing as a
`means to limit further community spread of COVID-19. The Court is concerned with the health
`andsafety 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 andto
`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 need for travel, the Court
`orders as follows:
`
`1. All civil and criminal jurytrials scheduled to begin on any date from now
`through December31, 2020, are continuedto a date to be reset by each Presiding
`Judge. Civil and criminal benchtrials may proceed providedall safety provisions are
`considered. Attorneys should contact the Presiding Judges in the continued casesif
`they seek to modify anypretrial 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 ofthe public health considerations described above, the time periodofthe
`continuances implemented bythis 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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`Splunk Inc.
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`Exhibit 1054
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`Page 1
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`Splunk Inc. Exhibit 1054 Page 1
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`these continuances outweigh the bestinterests of the public and each defendant's right
`to a speedytrial. In fact, the best interests of the public are served by these
`continuances.
`
`. 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
`populous than others. The public health situation related to the novel coronavirusin
`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
`uponthe facts and circumstance uniqueto the division, that conducting jury trials
`would not compromise the health and safety of Court personnel,litigants, counsel,
`law enforcement, witnesses and jurors. Ifjudges in a specific division determinejury
`trials can be safely conducted, the mostseniordistrict 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 Chief Judge.
`
`Grand Juries will continue in every division as determined and scheduled by the
`United States Attorney’s Office.
`
`.
`
`Judges may continue to hold in-person hearings, sentencing proceedings, and
`conferences, but counsel mayseekrelief from those matters by appropriate motions.
`The parties are encouraged to 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 of particular matters on
`the pleadingsalone.
`
`. 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.
`
`. Any events involving the Court that are not case-specific, including, but not limited
`to, continuing legal education courses, public tours, and administration of oathsto
`attorneys which are scheduled to occur between now and December31, 2020, are
`hereby cancelled and will be rescheduled as appropriate. Naturalization ceremonies
`may be convened if appropriate social distancing measures can be ensured.
`
`. All of the 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/ECFsystem.
`
`. Any delivery directed to chambersshall be delivered instead to the Clerk's Office in
`each courthouse.
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`Splunk Inc.
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`Exhibit 1054
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`Page 2
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`Splunk Inc. Exhibit 1054 Page 2
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`9. Unless vacated, modified, or extended, this Order will remain in effect through
`December31, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this
`
`G
`
`day of November, 2020.
`
`SW \
`
`ORLANDO L. GARCIA
`
`Chief United States District Judge
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`Splunk Inc.
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`Exhibit1054
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`Page 3
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`Splunk Inc. Exhibit 1054 Page 3
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