Brown v. King County
Filing
89
ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL. All counsel who will actively participate in trial, as well as their assistants, shall attend a technology check session with the Courts law clerk and courtroom deputy clerk on June 2, 2021 , at 3:00 p.m. The Pretrial Conference remains scheduled for June 4, 2021, at 1:30 p.m. Both the technology check session and the Pretrial Conference will be conducted via ZoomGov. Counsel will be provided links via email. Signed by Judge Thomas S. Zilly. (SR)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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CLAUDE BROWN,
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Plaintiff,
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v.
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Defendant.
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The jury trial scheduled to commence on June 14, 2021, at 9:00 a.m., shall be
conducted using the following procedures and protocols.
A.
Remote / Virtual Trial Format
1.
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The entire trial will take place using the ZoomGov platform. The parties,
counsel, witnesses, jurors, and court staff will not be physically present in
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ORDER RE: PROCEDURES
AND PROTOCOLS FOR
VIRTUAL JURY TRIAL
KING COUNTY,
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C16-1340 TSZ
the courtroom.
2.
The public, including members of the media, will have telephonic access
via a number published on the district’s website. Members of the public
shall not record any portion of the proceedings in any manner.
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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 1
1 B.
Preparation
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1.
Counsel shall familiarize themselves with the ZoomGov and Box.com
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platforms by reviewing the King County Superior Court CLE program on
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conducting remote trials (modified for federal court) and tutorials located at
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https://www.wawd.uscourts.gov/ attorneys/remotehearings.
2.
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Counsel shall ensure that they and each of their witnesses have the
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hardware, software, data bandwidth, and Internet access required to
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participate remotely. The minimum system requirements are posted at
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https://www.wawd.uscourts.gov/attorneys/remotehearings.
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3.
Counsel shall also ensure that they have one or more alternative means of
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communicating with their clients and witnesses, as well as with the Court,
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outside the ZoomGov platform (e.g., via cellular phone or email).
4.
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Counsel shall consider establishing a high-speed Internet connection (a
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hard-wired connection is generally preferable to a wireless Internet
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connection), and shall take steps to limit Internet usage by others during the
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proceedings if such usage might impact a participant’s connection speed.
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Recording
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1.
The Court will provide a court reporter for the trial. No portion of the trial
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shall be recorded or broadcast, in whole or in part, in any fashion by any
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participant (attorney, party, witness, or juror) or public observer.
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2.
The prohibition on recording includes any audio or video recording,
photographs, and/or screenshots. The parties and counsel shall ensure that
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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 2
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each trial participant for which they are responsible acknowledges and
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agrees to the prohibition on recording.
3 D.
Witnesses and Participants
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1.
Counsel shall provide, via email to the Court’s law clerk, the following
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information for each party, attorney, paralegal, legal assistant, trial or
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technical consultant, and witness who will participate remotely:
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Name and Zoom identity
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Email address
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Phone number
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Participant status (e.g., party, attorney, witness, etc.)
2.
Prior to trial, the Court’s law clerk will supply to counsel the links for the
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ZoomGov sessions. Counsel shall forward the links to other participants,
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including witnesses, as appropriate.
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3.
After using the link to access the ZoomGov session, participants will enter
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a virtual waiting room. They will be admitted from the virtual waiting
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room into the virtual courtroom when appropriate. Counsel are responsible
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for notifying witnesses when and how they are expected to report to the
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virtual waiting room.
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4.
Participants who will not be examining witnesses, testifying, or otherwise
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presenting matters during the proceedings (e.g., paralegals, legal assistants,
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and trial or technical consultants) shall use the ZoomGov platform controls
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to mute their microphones and deactivate their cameras.
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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 3
1 E.
Exhibits
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1.
Exhibits shall be numbered in advance of trial in accordance with the
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protocol set forth in the Minute Order entered October 5, 2020, docket
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no. 80.
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2.
All exhibits shall be uploaded by counsel to the “Box.com” platform via
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one or more links that the Court’s law clerk will provide via email prior to
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the trial date.
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3.
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Exhibits as to which admissibility has been stipulated shall be uploaded to
the Box.com folder labeled “Admitted Exhibits.” Exhibits as to which
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admissibility is disputed shall be uploaded to the respective Box.com
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folders labeled “Plaintiffs’ Proposed Exhibits” and “Defendants’ Proposed
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Exhibits.” At the end of each trial day, the Court’s law clerk and counsel
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will confer, and the Court’s law clerk will transfer into the “Admitted
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Exhibits” folder any exhibits in the folders for “Plaintiffs’ Proposed
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Exhibits” and/or “Defendants’ Proposed Exhibits” that have been offered
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and admitted into evidence.
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4.
After the close of evidence and before the jury begins deliberating, the
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Court’s law clerk and counsel will confer to confirm that the “Admitted
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Exhibits” folder accurately reflects the evidence admitted during the course
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of trial. During their deliberations, the jurors will be provided access to the
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Box.com folder for “Admitted Exhibits.”
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5.
Hard copies of all exhibits shall be delivered to the Court’s courtroom
deputy clerk, Gail Glass, at 700 Stewart Street, Seattle, WA 98101, at least
ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 4
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five (5) judicial days before the first day of trial. These exhibits shall be
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bound in one or more three-ring notebooks and appropriately tabbed by
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exhibit number. While testifying, each witness shall have available a copy
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of any exhibit that he or she will be expected to use or examine during the
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trial. The witness shall not access any copy of an exhibit unless and until
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instructed to do so by the examining counsel. With regard to exhibits as to
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which admissibility is disputed, the Court will conduct proceedings outside
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the presence of the jury during which counsel may present arguments and,
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if necessary, voir dire witnesses, using the screen-sharing function in
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ZoomGov to display the exhibits at issue. To the extent possible, the Court
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will rule on the admissibility of exhibits before a witness who is expected
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to use or examine such exhibits testifies.
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6.
The parties shall comply with Local Civil Rule 32(e) concerning the use of
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depositions at trial. Video depositions that are used as substantive evidence
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shall be broadcast via ZoomGov using the screen-sharing function.
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Counsel may, but are not required to, upload video depositions to their
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respective Box.com folders, but the recordings will not be transferred to the
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“Admitted Exhibits” folder. Transcripts of depositions used during the trial
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for impeachment or as substantive evidence need not be sealed prior to their
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use. Counsel may either show the portion of the transcript at issue to the
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witness using the screen-sharing function in ZoomGov or transmit the
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entire transcript to the witness via mail, email, or otherwise in advance of
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his or her testimony.
ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 5
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7.
If a program or platform other than Box.com will be used to publish
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exhibits to the jury, then counsel shall file, prior to the first day of trial, a
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certification signed under penalty of perjury indicating that the exhibits to
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be displayed to the jury using the other program or platform are identical to
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the exhibits uploaded into the folders on Box.com.
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8.
All parties shall use the same naming convention for exhibits uploaded to
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Box.com. The naming convention shall include the exhibit number, as well
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as a brief description of the exhibit, which shall be sufficiently clear that
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jurors can understand the nature of the exhibit without having to open the
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electronic file.
11 F.
Professionalism During the Trial
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1.
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Ambient Noise Protocols
a.
All participants who are not actively being questioned as a witness,
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asking questions of a witness, defending a witness, or providing or
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responding to opening statements, closing arguments, or other
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arguments, shall use the ZoomGov platform controls to mute their
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microphones. The Court’s law clerk, who will “host” the ZoomGov
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sessions, will mute any participant who fails to follow this protocol.
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b.
Participants using multiple devices in a single workspace to access
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the trial should avoid audio feedback issues by using the microphone
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and speakers on only one device at a time, or by using headphones.
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2.
Courtesy and Decorum: To the extent possible, remote trial participants
should conduct themselves in the same way they would if they were
ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 6
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physically present in a courtroom. They should avoid interrupting someone
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who is speaking, except as necessary to raise an objection. Virtual trial
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participants should silence electronic devices other than the devices
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necessary to their remote participation, close unnecessary computer
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programs or applications, and take steps to remove or minimize anything in
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their remote workspace that might distract from the integrity of the
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proceedings. The Court understands that conducting trial virtually, from
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one’s home, for example, presents many challenges. The Court asks all
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remote participants to do their best to maintain professionalism in order to
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conduct a fair and efficient trial.
3.
Objections: When an objection is made, the witness shall stop talking
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until the Court rules on the objection. If the objection requires a discussion
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outside the presence of the jury, the jurors will be placed in the virtual jury
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room.
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4.
Disconnection: In the event that the Court, a party, an attorney, a witness,
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a juror, or anyone else necessary to the proceedings becomes disconnected
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from the remote trial, the trial will stop while the connection is re-
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established. If the participant has difficulty reconnecting, he or she should
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call or text Gail Glass at (206) 290-5147. In advance of calling a witness to
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the virtual stand, counsel must establish with the witness a protocol for
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contacting the witness in the event of disconnection and ensure that the
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alternative means of communication (e.g., a cellular phone) is operational.
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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 7
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5.
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Appropriate Dress: Parties, witnesses, and counsel shall dress in the same
manner as they would if they physically appeared in a courtroom.
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6.
Screen Names: Remote participants should endeavor to use a screen name
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in the ZoomGov platform that indicates their actual first and last names. As
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“host,” the Court’s law clerk will rename any participant whose screen
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name is incomplete, confusing, unprofessional, or otherwise improper.
7 G.
Technology Check and Pretrial Conference
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All counsel who will actively participate in trial, as well as their assistants, shall
9 attend a technology check session with the Court’s law clerk and courtroom deputy clerk
10 on June 2, 2021, at 3:00 p.m. The Pretrial Conference remains scheduled for June 4,
11 2021, at 1:30 p.m. Both the technology check session and the Pretrial Conference will
12 be conducted via ZoomGov. Counsel will be provided links via email.
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IT IS SO ORDERED.
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The Clerk is DIRECTED to send a copy of this Order to all counsel of
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record. Dated this 21st day of April, 2021.
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A
_________________________________
Thomas S. Zilly
United States District Judge
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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 8
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