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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

AMENDED EMERGENCY ORDER IN LIGHT OF THE COVID-19 PANDEMIC

Robert Pitman

United States District Judge

The current circumstances are extraordinary and unprecedented. As always, though, the 

Court strives to adjudicate its cases fairly and safely and anticipates that litigants will be flexible, 

decent, and patient with each other and the Court. 

Recognizing the difficulties parties may face trying to litigate during this period of 

uncertainty, the Court issues the following order to facilitate the timely resolution of civil disputes 

while the Western District of Texas is closed as described in Chief Judge Orlando L. Garcia’s 

Supplemental Order on April 15, 2020.1 As of April 15, 2020, “[a]ll civil and criminal bench and jury 

trials scheduled to begin on any date from now through June 1, 2020, are continued, to a date to be 

reset by each Presiding Judge.”2If Chief Judge Garcia extends the closure again, this Amended 

Emergency Order automatically tracks and aligns with that extension until the closure is lifted, even 

without an amendment by Judge Pitman. 

Unless otherwise ordered by the Court, this Amended Emergency Order in Light of the 

COVID-19 Pandemic (“Emergency Order”) applies to all civil matters before Judge Pitman. It

supplements the Federal Rules of Civil Procedure and the Local Rules of the United States District 

Court for the Western District of Texas. 

I. COMMUNICATIONS WITH CHAMBERS

Judge Pitman’s chambers is closed, and Judge Pitman and his staff are working remotely. If 

you have a question or need to communicate with chambers, please contact Judge Pitman’s 

courtroom deputy, Julie Golden, at Julie_Golden@txwd.uscourts.gov. You also may call chambers 

at 512.391.8824 and leave a message. Although voicemail will be checked regularly, the fastest way 

to communicate with chambers is to send an email. If you send an email or leave a voicemail, please 

include your name, your phone number, the case number, and a brief description of your inquiry.

1 See Supplemental Order Regarding Court Operations under the Exigent Circumstances Created by the COVID-19 

Pandemic (W.D. Tex. filed Apr. 15, 2020), https://www.txwd.uscourts.gov/wpcontent/uploads/2020/03/SupplementalOrderCOVID19-041520.pdf [hereinafter April 15 Order]. See also Amended 

Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (W.D. Tex. 

filed Mar. 24, 2020), https://www.txwd.uscourts.gov/wpcontent/uploads/2020/03/Amended%20Order%20Re%20Court%20Operations%20032420.pdf (amending the March 

20 Order); Order Regarding Court Operations under the Exigent Circumstances Created by the COVID-19 Pandemic 

(W.D. Tex. filed Mar. 20, 2020), https://www.txwd.uscourts.gov/wp-content/uploads/2020/03/ORDER-re-CourtOperations-032020.pdf; Order Regarding Court Operations under the Exigent Circumstances Created by the COVID19 Pandemic (W.D. Tex. filed Mar. 13, 2020), https://www.txwd.uscourts.gov/wp-content/uploads/2020/03/OrderRe-COVID-19.pdf.

2 April 15 Order at 1.

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II. EMERGENCY MOTIONS AND PROCEEDINGS

Motions for temporary restraining orders or preliminary injunctions and other emergency 

applications for relief shall be filed electronically using CM/ECF, if possible. Parties shall 

immediately provide the Court with courtesy copies of any motion or application seeking 

emergency relief by sending those documents to courtroom deputy Julie Golden at 

Julie_Golden@txwd.uscourts.gov. Unless otherwise ordered by the Court, all conferences, hearings, 

and proceedings will be held by phone or videoconference. Briefing deadlines will be set on a caseby-case basis.

Approximately 24 hours before the scheduled proceeding, the Court will provide the access 

information for the phone or video conference. 

At least 24 hours before the scheduled proceeding, the parties shall file the following 

documents, as applicable:

1. The names of witnesses who the parties intend to have appear; 

2. The exhibits that the parties intend to offer; and

3. A single document detailing any objections the parties have to the admissibility of each 

exhibit. The parties are encouraged to reach an agreement on the admissibility of all 

exhibits. If, after conferring in good faith, they cannot reach an agreement, the Court 

will consider objections.

III. NON-EMERGENCY PROCEEDINGS

Unless otherwise ordered by the Court, all conferences, hearings, and proceedings will be 

held by phone or video conference. Approximately 24 hours before the scheduled proceeding, the 

Court will provide the access information for the phone or video conference. 

At least 24 hours before the scheduled proceeding, the parties shall file the following 

documents, as applicable:

1. The names of witnesses who the parties intend to have appear; 

2. The exhibits that the parties intend to offer; and

3. A single document detailing any objections the parties have to the admissibility of each 

exhibit. The parties are encouraged to reach an agreement on the admissibility of all 

exhibits. If, after conferring in good faith, they cannot reach an agreement, the Court 

will consider objections

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IV. PRO SE LITIGANTS

Pro se parties are encouraged to (1) consent to electronic service via CM/ECF or email or 

(2) seek the Court’s permission to file documents using CM/ECF. During the period of this Order, 

the Court allows pro se parties to obtain permission to use CM/ECF by sending an email to 

courtroom deputy Julie Golden at Julie_Golden@txwd.uscourts.gov that includes the following 

information:

1. A request to file electronically and receive notices electronically; and

2. The email address you want to use for electronic filing and to receive electronic notices. 

V. SCHEDULING, DEADLINES, AND TRIAL DATES

The Court encourages parties to litigate their cases without unnecessary delay. For cases at 

any stage of litigation, the deadlines set out in the Federal Rules of Civil Procedure, the Local Rules, 

and the scheduling order for the case, if applicable, continue to govern, except as supplemented by 

this Emergency Order. Unless the parties jointly inform the Court otherwise and consistent 

with the exceptions below, parties are expected to proceed with their case and follow all 

applicable standard deadlines and rules.

However, if parties perceive they will encounter difficulties because of the circumstances 

caused by COVID-19 or if the parties cannot proceed safely, the parties shall follow the procedures 

set out below based on the stage of litigation.

The Court also encourages all parties to reach agreements about extending answer, 

response, reply, and discovery deadlines. Consistent with the Local Rules, the Court advises parties 

to make special efforts to confer with the other parties in the case to determine whether they 

oppose the relief sought and notify the Court in the certificate of conference whether the relief 

sought is opposed or unopposed. If a request is agreed or unopposed, the Court typically can rule 

on those requests quickly. In the absence of an agreement between the parties, the Court will be 

favorably disposed to requests to extend deadlines. 

A. Cases without Scheduling Orders

For early-stage cases in which no proposed scheduling order has been filed, the parties in 

those cases are not required to file an agreed proposed scheduling order until June 1, 2020. If the 

Court previously ordered the parties to submit an agreed proposed scheduling order by a date 

before June 1, 2020, this Emergency Order supersedes, and the parties are not required to file an 

agreed proposed scheduling order until June 1, 2020. After the Western District reopens, the Court 

will schedule initial pretrial conferences. 

For early-stage cases in which an agreed proposed scheduling order has been filed, the 

Court will assume the parties intend to comply with those deadlines. Should the parties anticipate 

difficulty meeting those deadlines, they shall file an agreed revised proposed scheduling order as 

soon as practicable. The Court encourages the parties to reach an agreement on all revised 

deadlines. In the absence of an agreement between the parties on the path forward, the Court will 

be favorably disposed to requests to revise the agreed proposed scheduling order. Because the 

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Court will not set trial dates until the Western District reopens, the Court will enter scheduling 

orders or revised scheduling orders without trial dates. 

B. Cases with Scheduling Orders

For cases with a scheduling order in place, if any party perceives difficulties in meeting the 

set deadlines because of the circumstances caused by COVID-19, the parties in that case shall 

confer in good faith and file a revised agreed proposed scheduling order as soon as practicable. 

Again, the Court encourages the parties to reach an agreement on all proposed modifications to the 

scheduling order. In the absence of an agreement, the Court will be favorably disposed to requests 

to revise the scheduling order. Because the Court will not set trial dates until the Western District 

reopens, the Court will enter revised scheduling orders without trial dates. 

C. Cases Awaiting Trial

For cases set for trial before June 1, 2020, the trial, final pretrial conference, and all pretrial 

filing deadlines per Local Rule CV-16(e) have been continued and will be reset on the Court’s 

calendar after the Western District reopens. The Court will endeavor to prioritize those cases for 

resetting while bearing in mind that the parties may need time to (re)prepare for trial after a long 

period of stagnation. The Court anticipates setting phone conferences in those cases to select new 

trial dates after the Western District reopens. 

For cases that have completed discovery and dispositive motions practice and currently 

have a trial date set for June 1, 2020 or later, the Court cannot predict with certainty whether 

appointed trial dates will stand but will attempt to provide guidance to parties and their counsel as 

more information becomes available. Absent changed circumstances, all trial dates set June 1, 2020 

or later will remain on the Court’s calendar, but the Court may not yet set final pretrial conferences. 

As the trial date approaches, the Court may reevaluate the circumstances and set a phone 

conference with the parties to select a new trial date. If the Western District closure is extended 

beyond June 1, 2020, then all trials affected by that extension will be continued. The Court would 

endeavor to prioritize those cases for resetting while bearing in mind that the parties may need time 

to (re)prepare for trial after a long period of stagnation. The Court anticipates setting phone 

conferences in those cases to select new trial dates after the Western District reopens.

SIGNED on April 17, 2020.

_____________________________________

ROBERT PITMAN

UNITED STATES DISTRICT JUDGE

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