FILED Mar 23 2020 United States District Court Northern District of Ohio General Order AMENDED GENERAL ORDER NO. 2020-05 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO In Re: CORONAVIRUS (COVID-19) PUBLIC EMERGENCY ) ) ) ) ) ) ORDER NO. 2020-05-1 The President of the United States and the Governor of the State of Ohio have declared a public health emergency in response to the spread of the coronavirus (COVID-19). The Centers for Disease Control and Prevention and other public health authorities have advised the taking of precautions to reduce the possibility of exposure to the virus and slow the spread of the disease. The Governor of the State of Ohio has additionally issued a “Stay at Home” Order. NOW, THEREFORE, in order to protect the public health, and in order to reduce the size of public gatherings and reduce unnecessary travel, the United States District Court for the Northern District of Ohio hereby issues the following order effective immediately: ALL COURTHOUSES OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, SHALL BE CLOSED TO THE PUBLIC UNTIL MAY 1, 2020. ONLY PERSONS HAVING OFFICIAL BUSINESS AUTHORIZED BY THIS GENERAL ORDER OR BY A PRESIDING JUDGE, INCLUDING CREDENTIALED MEDIA, MAY ENTER COURTHOUSE PROPERTY. THIS APPLIES TO ALL DIVISIONAL LOCATIONS. 1 Akron John F. Seiberling Federal Building & U.S. Courthouse 2 South Main Street Akron, OH 44308 Toledo James M. Ashley and Thomas W.L. Ashley U.S. Courthouse 1716 Spielbusch Avenue Toledo, OH 43604 Cleveland Carl B. Stokes U.S. Court House 801 West Superior Avenue Cleveland, OH 44113 Youngstown Thomas D. Lambros Federal Building & U.S. Courthouse 125 Market Street Youngstown, OH 44503 Howard M. Metzenbaum U.S. Courthouse 201 Superior Avenue, East Cleveland, OH 44114 CIVIL CASES: 1. No jury trial will be commenced before May 1, 2020. Any trial dates currently scheduled during that period are vacated. 2. All scheduled civil matters will be conducted by telephone or videoconference unless otherwise canceled by the assigned judge. This applies to motion hearings, case management conferences, pretrial conferences, settlement conferences, and Alternative Dispute Resolution (ADR) proceedings. CRIMINAL CASES: Due to the Court’s reduced ability to obtain an adequate spectrum of jurors and the effect of the public health recommendations on the availability of counsel and court staff to be present in the courtroom, the time period of the continuances implemented by the General Order will be excluded under Speedy Trial Act, as the Court specifically finds that the ends of justice served by ordering the continuances outweigh the interest of the public and any defendant’s right to a speedy trial pursuant to 18 U.S.C. Section 3161(h)(7)(A). Accordingly, 1. No jury trial will be commenced before May 1, 2020. Any trial dates currently scheduled during that period are vacated. 2. Initial appearances, arraignments, and detention hearings will proceed and will be conducted by telephone or videoconference where practicable. 3. Criminal pretrials with defense counsel and United States attorneys may proceed, but by telephone only. 2 4. Criminal sentencings are postponed and will not proceed unless the defendant is in custody and (a) the presiding judge determines that an imposed sentence would be equal to or less than the time in which the defendant has been in pretrial custody; or (b) where the presiding judge determines that there is a liberty interest, public safety, or other case-specific compelling reason that makes an immediate sentencing necessary. 5. Change of plea hearings will not proceed. To the extent possible and with the agreement of the defendant, after filing a notice to enter an open guilty plea or plea agreement signed by the defendant and/or defense counsel, the taking of the plea of guilty and the sentencing shall be consolidated for a date after the presentence report has been prepared. 6. All grand jury proceedings are suspended until May 1, 2020, unless absolutely necessary and with the approval of the Chief Judge. 7. All in-person re-entry court sessions are suspended until May 1, 2020. 8. All petty offense (CVB) proceedings are suspended until May 1, 2020. 9. Consistent with recently implemented procedures, all detainees, upon arrival at a courthouse and before appearance in court, will undergo screening for fever and other symptoms of COVID-19 contamination. Such screening will be administered by and/or at the direction of the United States Marshals Service (USMS) or its agencies or designees. The presiding judge must be notified if the detainee exhibits risk factors and will have the discretion to order the detainee returned to the facility from which they came. OTHER: 1. All mass public gatherings are suspended, including, but not limited to, group tours and visits, moot courts and mock trials, bar group meetings, seminars, and naturalization ceremonies. 2. All employees of the District Court are directed to telework through May 1, 2020, except when directed by their supervisors/judges to report to the courthouse to perform essential functions. 3. The Clerk’s Office intake windows will be closed. Electronic filings may still be made through the CM/ECF system. For those without access to CM/ECF, documents may be submitted by mail, or in the event of an emergency, may be submitted by email to: EmergencyFiling@ohnd.uscourts.gov. All emergency filings must include an email address and phone number where the filer may be reached. Filings submitted by mail and email will be processed each business day. Mail will be received and processed each 3 business day. Clerk’s Office staff will be available by telephone from 9:00 a.m. to 4:00 p.m. each business day as follows: Akron: Cleveland: Toledo: Youngstown: (330) 252-6020 (216) 357-7011 (419) 213-5521 (330) 884-7420 Payments by attorneys using the CM/ECF system will be processed via credit card utilizing Pay.gov. Payments by check or money order will be accepted by mail and will be processed when received. Cash payments will not be accepted during this period. Any pro se litigant filing a case via email who cannot secure a check or money order should submit his or her filing by mail, and the Clerk’s Office will send a notice directing payment be submitted after courthouses reopen. 4. All Pretrial Services & Probation Offices will operate on skeleton crew. For information or assistance, a duty officer will be available at 216-357-7300. The Court will vacate or amend this Amended General Order no later than May 1, 2020. IT IS SO ORDERED. FOR THE COURT Patricia A. Gaughan Chief Judge 4