THE UNITED STATES DISTRICT COURT
`FOR THE WESTERNDISTRICT OF TEXAS
`
`FILED
`
`JUN 1 8 2020
`Sete HRs eeRRR EER
`WESTERN Near“OFTEXAS
`BYee
`DEPUTY
`
`SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDERTHE 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 no less than 120 countries with more than
`2,100,000 confirmed cases in the United States, as of June 16, 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 guidanceas 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
`93,600 as of June 16, 2020. The CDC’s guidance includes multiple types of migration strategies
`generally aimed at reducing or avoiding exposure to 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 made a disaster declaration in response.
`The CDC andother 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 personnel interact, 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 personslisted 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 fortravel, the Court orders as
`follows:
`
`1. All civil and criminal benchandjurytrials scheduled to begin on anydate from now
`through July 31, 2020, are continued, to a date to be reset by each Presiding Judge. Those
`continuances do not continue any pending deadlines other thanthetrial dates. Attorneys
`should contact the Presiding Judges in the continued cases if they seek to modify such
`deadlines.
`
`2. Dueto the Court’s reducedability 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 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.
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`SAMSUNG Ex. 1017 - 1/2
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`SAMSUNG EX. 1017 - 1/2
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`3. The Court recognizesthat not every division withinthe 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 healthsituation related to the novel coronavirus in each division may differ and
`judgesin individual divisions may determinethat 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 conductjury trials within their respective
`division subject to a determination, based uponthe facts and circumstances uniqueto the
`division, that conductingjurytrials would not compromise the health and safety of Court
`personnel, litigants, counsel, law enforcement, witnesses, andjurors. Ifjudges in a
`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 resumein everydivision onor after July 1, 2020 as determined and
`scheduled by the United States Attorney’s Office.
`
`4.
`
`Individual judges maycontinue to hold in-person hearings, sentencing proceedings, and
`conferences, but counsel mayseek relief from those matters by appropriate motions. The
`parties are encouragedtoseek to participate in non-sentencing hearings and conferences
`bytelephone or video. This Order does not impact any court’s consideration ofparticular
`matters on the papersalone.
`
`5. Magistrate Judges will continue to preside over criminal matters, suchasinitial
`appearances, arraignments, detention hearings, pleas, and the issuance ofwarrants.
`
`6. Anyevents involving the Court that are not case-specific, including, but not 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 July 31, 2020, are hereby cancelled and will be rescheduled as appropriate.
`
`7. Allofthe 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 chambersshall 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 31,
`2020, and will then expire.
`
`FOR THE COURT.
`So ORDEREDand SIGNEDthis 18" day of June, 2020.
`
`My
`
`ORLANDO L. GARCIA
`Chief United States District Judge
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`SAMSUNG EX. 1017 - 2/2
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`SAMSUNG EX. 1017 - 2/2
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