1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

SECOND 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 Second Amended Emergency Order in Light of the 

COVID-19 Pandemic (“Second Amended Emergency 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 June 18, 2020: “[a]ll civil and criminal bench and jury trials 

scheduled to begin on any date from now through July 31, 2020, are continued, to a date to be reset 

by each Presiding Judge.” 1If Chief Judge Garcia extends the closure again, this Second 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 Second Amended 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. 

This Second Amended Emergency Order supplements this Court’s Amended Emergency 

Order in Light of the COVID-19 Pandemic signed on April 17, 2020 (“Amended Emergency 

Order”). In Section V of the Amended Emergency Order, the Court gave the parties in civil cases 

wide latitude to shape the course of discovery and even temporarily suspend discovery. To manage 

the Court’s docket efficiently and fairly, the Court now revises Section V of the Amended 

Emergency Order.

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

Pandemic, at 1 (W.D. Tex. filed June 18, 2020), https://www.txwd.uscourts.gov/wpcontent/uploads/2020/03/SupplementalOrderCOVID061820.pdf [hereinafter June 18 Order]. See also 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/wp-content/uploads/2020/03/SupplementalOrderCOVID19-

041520.pdf; 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.

Case 1:20-cv-00648-RP Document 5 Filed 06/23/20 Page 1 of 4
2

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.

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

Case 1:20-cv-00648-RP Document 5 Filed 06/23/20 Page 2 of 4
3

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 Second 

Amended Emergency 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 amended by this 

Second Amended Emergency Order. Unless exempted by court order, parties are expected to 

proceed with their case and follow all applicable standard deadlines and rules. 

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. 

A. Cases without Scheduling Orders

For cases in which no proposed scheduling order has been filed, the parties in those 

cases are required to file an agreed proposed scheduling order by July 7, 2020. If the Court 

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

parties shall file their agreed proposed scheduling order by the date directed by the Court. The Court 

will hold initial pretrial conferences by phone, as has been the Court’s practice, to set a trial date and 

discuss preliminary matters. The Court has many cases that need conferences and asks for patience 

as each case is set for a conference in the weeks after the agreed proposed scheduling order has been 

filed.

Should the parties in a case anticipate difficulty meeting the July 7, 2020 deadline, they shall 

file an appropriate motion on or before July 7, 2020 that details the challenges they currently face.

The Court will continue to be flexible where appropriate.

Case 1:20-cv-00648-RP Document 5 Filed 06/23/20 Page 3 of 4
4

B. Cases with Scheduling Orders

For cases with a scheduling order in place that lacks a trial date, the Court will hold initial 

pretrial conferences by phone, as has been the Court’s practice, to set a trial date and discuss 

preliminary matters. The Court has many cases that need conferences and asks for patience as cases 

are set for conferences. If you believe your case needs a trial date and you have not been contacted 

by July 15, 2020 about a conference, please contact Judge Pitman’s courtroom deputy, Julie Golden, 

at Julie_Golden@txwd.uscourts.gov on or after July 16, 2020. 

C. Cases Awaiting Trial

For cases set for trial before the Western District reopens on August 3, 2020—or some later 

reopening date set by Chief Judge Garcia—the trial, final pretrial conference, and all pretrial filing 

deadlines per Local Rule CV-16(e) have been continued and the trial and final pretrial conference 

will be reset on the Court’s calendar. 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 August 3, 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 for August 3, 2020 

or later will remain on the Court’s calendar, although the Court may wait to set final pretrial 

conferences. As each trial date approaches, the Court may reevaluate the circumstances and set a 

phone conference with the parties to discuss the feasibility of the upcoming trial date. If the Western 

District closure is extended beyond August 3, 2020, then all trials and final pretrial conferences 

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.

SIGNED on June 23, 2020.

_____________________________________

ROBERT PITMAN

UNITED STATES DISTRICT JUDGE

Case 1:20-cv-00648-RP Document 5 Filed 06/23/20 Page 4 of 4