GENERAL ORDER 20-03
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`
`COURT OPERATIONS UNDER EXIGENT CIRCUMSTANCES
`CREATED BY THE COVID-19 PANDEMIC
`
`This General Order is in response to the recent outbreak of a novel coronavirus in the
`United States and the State of Texas. The World Health Organization has declared the disease it
`causes, “coronavirus disease 2019” (COVID-19), a global pandemic, having spread across more
`than 120 countries with a rising toll of thousands of confirmed cases. The United States District
`Court for the Eastern District of Texas (EDTX) is closely monitoring the outbreak of COVID-19,
`in conjunction with the developing guidance from the Centers for Disease Control and Prevention
`(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 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 confirmed cases of COVID-19 within
`the Eastern District of Texas. The CDC and other public health entities have recommended social
`distancing to 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 Court personnel
`interact, litigants, counsel, interpreters, law enforcement officials, and jurors, who must work in
`close quarters to hear evidence and to deliberate.
`Therefore, given the severity of risk to the persons by the spread of COVID-19 in EDTX,
`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 jury trials (criminal and civil) scheduled to begin on any date from this date
`through May 1, 2020, are continued, to a date to be reset by each presiding judge. Those
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`Supercell
`Exhibit 1018
`Page 1
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`

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`continuances do not continue any pending deadlines other than the trial dates. Attorneys should
`contact the presiding judges in their impacted cases if they seek to modify such other deadlines.
`2.(cid:3)
`Due to the Court's reduced ability to obtain an adequate spectrum of jurors and due(cid:3)
`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 § 316(h)(7)(A). The Court finds that
`the ends of justice served by ordering these continuances outweigh the best interests of the public
`and each defendant's right to a speedy trial. In fact, the best interests of the public are served by
`these continuances.
`3.(cid:3)
`The currently scheduled session of the EDTX Grand Jury to be held in Tyler, Texas(cid:3)
`on Wednesday, March 18th, 2020, shall proceed as scheduled and shall conclude prior to the end
`of Thursday, March 19th, 2020. All other grand jury proceedings within EDTX through May 1,
`2020, are continued. All related deadlines are suspended and tolled for all purposes, including the
`statute of limitations, from this date through May 1, 2020.
`4.(cid:3)
`Individual judges may continue to hold bench trials, in-person hearings, sentencing(cid:3)
`proceedings, scheduling conferences(cid:3) (cid:68)(cid:81)(cid:71)(cid:3) (cid:82)(cid:87)(cid:75)(cid:72)(cid:85)(cid:3) (cid:70)(cid:82)(cid:88)(cid:85)(cid:87)(cid:3) (cid:83)(cid:85)(cid:82)(cid:70)(cid:72)(cid:72)(cid:71)(cid:76)(cid:81)(cid:74)(cid:86) as they deem appropriate,
`on a case by case basis. Counsel may seek relief from those matters by appropriate motions. The
`use of telephonic or video proceedings are welcomed where such are deemed appropriate by the
`presiding judge. This Order does not impact any court's continuing discretion to consider and
`decide particular matters on the papers alone. This order is intended to afford each presiding
`judge with maximum discretion to handle their respective dockets (aside from jury trials
`addressed above) as they deem best considering the totality of the circumstances. Individual
`corporate and law firm policies on travel and related matters may be raised by counsel via
`motion practice, but such shall (cid:81)(cid:82)(cid:87)(cid:3)be binding or controlling on the Court in any respect.
`5.(cid:3)
`Magistrate Judges will continue to preside over criminal matters, such initial(cid:3)
`appearances, arraignments, detention hearings and the issuance of warrants.
`6.(cid:3)
`Any events involving the court that are not case-specific, including, but not limited(cid:3)
`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 this date
`and May 1, 2020, are hereby (cid:70)(cid:68)(cid:81)(cid:70)(cid:72)(cid:79)(cid:72)(cid:71), to be subsequently rescheduled as appropriate.
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`Supercell
`Exhibit 1018
`Page 2
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`

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`All courthouses in the Eastern District of Texas, including the Clerk's Offices,(cid:3)
`7.(cid:3)
`Bankruptcy Court and Clerk’s Offices, and Probation Offices, will remain open for business. No
`courthouse facility will be closed without a subsequent specific order issued by the Chief Judge of
`EDTX. Notwithstanding such, certain court employees, including some of chambers staff, may be
`teleworking between this date and May1, 2020, but any employees teleworking will be accessible
`by phone or email. Electronic filings shall continue to be made through the CM/ECF system.
`8.(cid:3)
`Any delivery directed to chambers shall be delivered instead to the Clerk's Offices(cid:3)
`in each courthouse.
`9.(cid:3)
`Unless extended, this Order will remain in effect through May 1, 2020, (cid:68)(cid:81)(cid:71) will(cid:3)
`expire on May 2, 2020(cid:15) without further order or action.
`10.(cid:3)
`Judges, unit executives, and supervisors should demonstrate flexibility in balancing(cid:3)
`the staffing needs of the court and court units with the individual needs of our employees; this to
`be done without forgetting our continuing constitutional mandate to carry on, as practical and
`prudent, the work of the court and the pursuit of justice.
`
`FOR THE COURT:
`
`SO ORDERED and SIGNED this 16th day of March, 2020.
`
`
`
`_________________________________________________________________________
`
`
`RODNEY GILSTRAPDNEY GILSSSSTTTTRAP
`(cid:38)(cid:75)(cid:76)(cid:72)(cid:73)(cid:3)(cid:45)(cid:88)(cid:71)(cid:74)(cid:72)
`(cid:73) (cid:45) (cid:71)
`
`Supercell
`Exhibit 1018
`Page 3
`
`