Watt Tieder and our affiliates are already planning new programs and events for the coming year. Visit our website often to see where our attorneys will be and plan to join us at these upcoming events.
Events 2020
Watt Tieder Launches COVID-19 50-State Resource PageWatt Tieder updates the content of this website on a periodic basis. Any content i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues.
Stay At Home/Closures/Reopening – Moved into Stage 2 on May 8. See below for press releases regarding move into State 2 and updated industry guidance, and specific guidance releases and checklists for construction and real estate industries:
CAL OSHA 5.7.2020 CONSTRUCTION CHECKLIST
CAL OSHA 5.5.2020 CONSTRUCTION GUIDANCE
CAL OSHA 5.7.2020 REAL ESTATE CHECKLIST
CAL OSHA 5.7.2020 REAL ESTATE GUIDANCE
Governor Order 5.7.20-EO-N-63-20
https://www.gov.ca.gov/2020/05/07/governor-newsom-releases-updated-industry-guidance/
Is Construction Deemed “Essential”/Exempted?
Yes. State-wide Order refers to the “essential infrastructure” guidance provided by the federal government.
Some local Jurisdictions have issued recent restrictions on, or impacting, the conduct of construction on both public and private projects. The following are applicable orders from the 15 largest California counties by population and from the cities of Los Angeles, San Francisco, and San Diego.
Alameda County
alameda-county-health-officer-order-20-11
alameda-county- health-officer-order-Appendix-A
alameda-county-health-officer-order-20-11-Appendix-B-1
alameda-county-health-officer-order-20-11-Appendix-B-2
alameda-county-health-officer-order-20-11-Appendix-C-1
alameda-county-health-officer-order-20-12-vehicle-based-gatherings
AlamedaCounty_health-officer-order-20-08-face-coverings-2020.04.17
Contra Costa
ContraCostaCounty-Reopenings-to-Date-5-20-2020
Contra-Costa-County-Health-Officer-Order-May18
Contra-Costa-County-Health-Officer-Order-May18-Appendix-A
Contra-Costa-County-Health-Officer-Order-May18-Appendix-B-1
Contra-Costa-County-Health-Officer-Order-May18-Appendix-B-2
Contra-Costa-County-Health-Officer-Order-May18-Appendix-C-1
Contra-Costa-County_Vehicle_Gatherings_Order_May15
Contra-Costa-County_April_17_FaceCoverings_Etc_Order
Fresno County
FCDPHCOVID19FresnoCountyHO-May20
Fresno_County_Interim_Guidance_for_Reopening_May_5
Kern County
Kern_County_Health-Officer-Order-Rescinded-1
Los Angeles (City)
LosAngeles(City).Mayor Public Order SAFER AT HOME ORDER (REV 2020.05.27)
LosAngeles(City)_LABS Revised COVID-19 Construction Guidance_April_15
LosAngeles(City)20200417PublicOrderTollingHCIDLADeadlinesandRevisingExpirationofEmergencyOrders
LosAngeles(City).Mayor.Public.Order.SUPPLEMENTAL.PAID.SICK.LEAVE.Revised.May19
Los Angeles County
LosAngelesCounty)_HO_Order_Reopening_Safer_at_Work_and_in_the_Community_05262020_FINAL
LosAngelesCounty_HOO_Safer_at_Home_Order_for_Control_of_COVID_5.13.20_APPENDIX_A
LosAngelesCounty_HOO_Safer_at_Home_Order_for_Control_of_COVID_5.13.20_APPENDIX_B
LosAngelesCounty_HOO_Safer_at_Home_Order_for_Control_of_COVID_5.13.20_APPENDIX_C-1
LosAngelesCounty_Reopening_OfficeBasedWorksites_APPENDIX_D
LosAngelesCounty_Reopening_ShoppingCenters_APPENDIX_E
LosAngelesCounty_Reopening_PlacesofWorship_APPENDIX_F
LosAngelesCounty_Reopening_carparades_APPENDIX_G
http://publichealth.lacounty.gov/media/Coronavirus/ (See all Health Office Orders)
LosAngelesCounty_GuidanceConstructionSites
Orange County
https://occovid19.ochealthinfo.com/article/oc-health-officers-orders-recommendations
Riverside County
Riverside County Safe Reopening Guidelines 05212020
RiversideCounty_Health Officer rescission of orders EFFECTIVE MAY 9
Sacramento County
SacramentoCounty-2020-05-26 Health Order Stay at Home May 26, 2020-1
San Bernardino County
SanBernardinoCounty_SKM_C65820050815110
San Diego (City)
SanDiegoCitymayoralexecutiveorder_covid19-1
SanDiegoCitymkf_executive_order_2020-2_-_3-30-2020_1
SanDiego(City)_mkf_executive_order_2020-04-30-2020_3
San Diego County
SanDiegoCounty_SafeReopeningPlanTemplate
SanDiegoCounty_HealthOfficerOrderCOVID19_May27 (002)
San Francisco and County
SanFrancisco-Health-Order-C19-07e-Shelter-in-Place-052220
SanFrancisco_DirectiveNo2020-04-PublicWorksConstructionProtocol-05052020
SanFrancisco-Order-No-C19-12b-RequiringFaceCoverings-05282020
San Joaquin County
San_Joaquin_County_phase_2_pr_5_7_20_final
05082020_SanJoaquinCountyStayatHomeOrder_FINAL_SIGNED
SanJoaquinCounty_Appendix A Social Distancing Protocol final fillable form FINAL
San Mateo County
SanMateoCounty_ho_order_c19-5e_shelter_in_place_20200528_0
SanMateoCounty_ho_order_c19-5c_appendix_a_social_distancing_protocol
SanMateoCounty_ho_order_c19-5c_appendix_b-1_small_project_protocol_20200429-1
SanMateoCounty_ho_order_c19-5c_appendix_b-2_large_project_protocol_20200429
SanMateoCounty_ho_order_c19-5e_appendix_c-2_allowed_additional_activities_20200528_0
SanMateoCounty_ho_order_c19-9_allow_car_based_gathering_20200511
SanMateoCounty_ho_order_c19-8b_face_covering_revised_May_19 (002)
Santa Clara County
Santa-Clara-County-05-18-20-Health-Officer-Order
Santa-Clara-County-Appendix-A-Social-Distancing-Protocol
Santa-Clara-County-Appendix-C1-Additional-Businesses
Santa-Clara-County-Appendix-C2-Additional-Activities
Small Construction Protocols – https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#smallConstruction
Large Construction Protocols – https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#largeConstruction
Santa-Clara-Countyorder-04-08-20-ppe-disclosure
Ventura County
VenturaCounty_11 VC Public Health Officer Order May 7 2020 with Repealed Sections 5.22.2020
VenturaCounty_11a VC Public Health Officer Order May 22 2020
VenturaCounty_2020-04-09_COVID19_PH_Order_April_9_2020
VenturaCountyMarch_31_2020_Order
VenturaCounty_2020-04-18_Signed_15V8544-Final-Final_Master_Ord-1
Federal Court Extension of Filing and Discovery Deadlines
Northern District – No new civil jury trial will be conducted through September 30, 2020. Any civil jury trial dates currently scheduled to commence during that period will be postponed or vacated. However, individual judges may offer bench trials by videoconference in lieu of postponement. Through September 30, 2020, all civil matters will be decided on the papers, or if the assigned judge believes a hearing is necessary, the hearing will be by telephone or videoconference.
Central District – The Court has adopted a plan for the phased resumption of Court operations. Phase 1, the return of certain staff to the courthouses to prepare for limited in-court hearings, will be implemented no earlier than June 1, 2020. During Phase 1, the courthouses will remain closed to the public and no in-court hearings will take place, except the criminal duty calendar in the Roybal Courthouse in Los Angeles. Phase 2, the reopening of the courthouses for limited in-person hearings, will be implemented three weeks after Phase 1 and no earlier than June 22, 2020. During this phase, limited in-court hearings will take place in criminal and civil matters. Phase 3, the resumption of jury trials, will be implemented at a date to be determined. Hearings in civil cases will continue to proceed by video or telephonic conference. Hearings in emergency civil matters may proceed in-court when Phase 2 is implemented, at the discretion of the assigned Judge.
Eastern District – The court will not call in jurors for service in civil or criminal jury trials until further notice. All of the court’s civil matters will continue to be decided on the papers, or if the assigned Judge believes a hearing is necessary, the hearing will be by telephone or videoconference. This applies to all matters including motion hearings, case management conferences, pretrial conferences and settlement conferences.
Southern District – Jury trials are continued through June 15, 2020. New trial or status dates will be set in individual cases. Judges, in their discretion, may conduct proceedings except jury trials in civil cases.
State Court Temporary Changes in Operations and Tolling of Statutes of Limitation
Per Order of the Chief Justice of the California Supreme Court, jury trials in all superior courts have been suspended for 60 days from the March 23, 2020 date of the Order. Courts are allowed to hold trials before 60 days if they can do so through remote appearances or if they declare “good cause showing.” The Order also gave trial courts broad authority to adopt temporary rules addressing operations during the COVID-19 pandemic that do not have to be vetted in the normal public-comment process. Those temporary operational changes are being implemented at the county courts level. Copies of the March 23, 2020 Order, and a clarifying March 30, 2020 Order, are below.
The Judicial Council of California has adopted emergency rules that include mandatory electronic service in most civil cases, temporary restrictions for unlawful detainer proceedings, encouragement of remote appearances for hearings, and tolling of statutes of limitation temporarily for all civil causes of action. A copy of the emergency rules is below.
Statewide Order by the Chief Justice-Chair of the Judicial Council 3-23-2020
Statewide Order by the Chief Justice-Chair of the Judicial Council 3-30-2020
Judicial Council Appendix of Temporary Emergency Rules April 20
Stay At Home/Closures/Reopening
https://coronavirus.ohio.gov/static/publicorders/Directors-Stay-Safe-Ohio-Order.pdf
Restart of Construction
Beginning on May 4, 2020, construction businesses may reopen if these businesses can meet mandatory safety requirements for customers and employees. The full Responsible RestartOhio plan for construction is located at coronavirus.ohio.gov/ResponsibleRestartOhio.
Federal Court Extension of Filing and Discovery Deadlines
Northern District Court – All civil and criminal jury trials scheduled to begin before June 12, 2020, are continued. Any trial dates currently scheduled during that period are vacated. 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.
Southern District Court – All civil and criminal matters scheduled for trial, whether jury or non-jury trial between April 3, 2020 and June 1, 2020 are continued for sixty (60) days, pending further Order of the Court. Civil hearings scheduled between April 3, 2020 and June 1, 2020 are also continued, pending further order of the Court. The Court may proceed with telephonic hearings at the discretion of the presiding judge.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
https://governor.nebraska.gov/press/gov-ricketts-announces-new-directed-health-measures-june
Is Construction Deemed “Essential”/Exempted?
N/A
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal jury trials set to begin on or before July 3, 2020 are continued. All in-person proceedings set to begin before June 8, 2020 are continued. Previously scheduled remote proceedings are unaffected. Presiding judges may, after consultation with or motion by counsel, make exceptions to postponements for non-jury proceedings. Criminal matters may be handled remotely, consistent with the CARES Act.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
Safer at Home Thru July 3 – https://governor.alabama.gov/newsroom/2020/05/governor-ivey-issues-amended-safer-at-home-order-2/
Is Construction Deemed “Essential”/Exempted?
Yes.
Federal Court Extension of Filing and Discovery Deadlines
Northern District – All jury and nonjury, civil and criminal trials are continued until further Court order. All currently unexpired deadlines and briefing schedules in civil cases are hereby stayed through April 30, 2020.
Middle District – All jury trials through April 16, 2020 are continued, including any trial specific deadlines until further Order of the Court.
Southern District – Criminal proceedings may be conducted by teleconferencing or telephone.
Washington DC – Force Majeure Law
Stay At Home/Closures/Reopening
https://coronavirus.dc.gov/phaseone
Is Construction Deemed “Essential”/Exempted?
Yes. However, social distancing and safety should be prioritized. The Closure Order allows for the continuation of “Construction and Building Trades,” as such businesses provide “services that are necessary to maintaining the safety, . . . and operation of residences and Essential Businesses.”
https://coronavirus.dc.gov/release/mayor-bowser-orders-closure-non-essential-businesses
Federal Court Extension of Filing and Discovery Deadlines
District Court – Will remain open but with limited operations to support essential functions in criminal, civil, and bankruptcy matters in a manner to ensure public safety, public health, and welfare. Magistrate judge proceedings will continue as scheduled, via videoconferencing and teleconferencing. Jury trials with scheduled proceedings through June 11, 2020 are postponed until further Court order. All other proceedings including court appearances, non-jury trials, hearings, and settlement conferences scheduled through June 1, 2020 are postponed, unless a presiding judge opts to conduct proceedings remotely. Anyone entering the Courthouse is advised to wear a face mask.
Rhode Island – Force Majeure Law
Stay At Home/Closures/Reopening
https://www.reopeningri.com/resource_pdfs/Phase-1-General%20Business-Guidelines%20Final.5.6.20.pdf
https://governor.ri.gov/documents/orders/Executive-Order-20-23.pdf
Is Construction Deemed “Essential”/Exempted?
Yes. Construction is currently an allowed service-based business, and construction retail operations may continue to function as they are critical retail businesses.
https://dbr.ri.gov/documents/DBRCriticalRetailBusinessesList_3302020.pdf
State Court
Courthouses are open only for emergency matters as per the attached schedule. Certain non-emergency/non-essential matters may be conducted but only remotely through teleconference or Webex Video conferencing, as available in the particular court/session.
Administrative Order 2020-5 re Non-emergency hearings
RI Business_Calendar_Motions_Protocol_4-21-20
Federal Court
District Court
All depositions in civil cases shall be conducted by remote video means until further order of the Court. An attorney may attend deposition in same room as deponent/client if both the deponent/client and attorney consent.
General Order – Depositions – Civil Cases
Courthouses are closed and will remain closed at least through June. Otherwise, most usual functions of the court (conferences, hearings, criminal proceedings) will be conducted through teleconference or Zoom. All civil and criminal petit jury selection and trials are continued to July 2020.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://governor.wv.gov/Pages/Safer-at-Home.aspx
https://governor.wv.gov/Pages/The-Comeback.aspx
https://governor.wv.gov/Documents/2020%20Executive%20Orders/Executive-Order-May-19-2020.pdf
Is Construction Deemed “Essential”/Exempted?
Yes, all construction is deemed essential infrastructure. For the full exemption, see below:
Essential infrastructure. Businesses, entities, or workers engaged in food production, distribution, fulfillment centers, storage facilities, preparation, and sale, construction (including without limitation construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, essential business construction, and housing construction), business management and maintenance, airport operations, operation, maintenance, and supply of utilities, including water, sewer, and gas, electrical (including power generation, distribution, and production of raw materials including without limitation coal and oil and natural gas), distribution centers, oil and biofuel refining, roads, highways, railroads, and public transportation, cyber and other security operations and services, flood control, solid waste and recycling collection and removal, and internet, video, and telecommunications systems (including the provision of global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services) and telecommunications workers. Essential infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.
Federal Court Extension of Filing and Discovery Deadlines
Northern District Court – All civil deadlines and scheduled hearings will remain in place unless the presiding judge in an individual case issues an order directing otherwise. Chambers will contact counsel to reschedule proceedings when appropriate. Statutes of limitation are not tolled.
Southern District Court – All civil and criminal petit jury selections and trials scheduled through May 31, 2020 before any district or magistrate judge in the Southern District of West Virginia are continued until further order of the Court. All other in-person civil and criminal proceedings in the U.S. District Court for the Southern District of West Virginia, including court appearances, trials, hearings, settlement conferences, admission ceremonies, and grand jury meetings now scheduled through May 31, 2020, are postponed and will be rescheduled at a later date, unless the presiding judge in an individual case issues an order after the date of this Order directing that a particular proceeding will be held on or before May 31, 2020.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://drive.google.com/file/d/15Q4249i6M0dYYT0GCLASAZ1qkBmHaxKX/view
https://coronavirus-download.utah.gov/Governor/Utah_Leads_Together_3.0_May2020.pdf
Is Construction Deemed “Essential”/Exempted?
Utah has not defined “essential” businesses, however, Utah directs for-profit and non-profit businesses to follow the directives outlined in the Governor’s Order.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal jury trials scheduled to begin between March 16, 2020 and May 1, 2020 are continued pending further order of the court. The court may issue further orders concerning future continuances, as necessary and appropriate. Criminal jury trials already underway are not affected by this Order. Questions concerning prospective scheduling of trial dates should be directed to the assigned judge. Individual judges may continue trial-related deadlines in civil cases at their discretion. Questions concerning trial-related deadlines should be directed to the assigned judge.
Stay at Home/Closures/Reopening
https://gov.texas.gov/news/post/governor-abbott-announces-phase-two-to-open-texas
Is Construction Deemed “Essential”/Exempted?
Yes. Texas allows for essential services identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. The federal government deems “working construction” as among the range of operations and services that are typically essential to continued critical infrastructure viability.
http://tdem.texas.gov/essentialservices/
https://lrl.texas.gov/scanned/govdocs/Greg%20Abbott/2020/GA-14.pdf
https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – All jury trials scheduled to begin by May 31, 2020 are postponed to a date set by each presiding judge. Non-trial deadlines remain. Judges may preside over proceedings in-person or remotely as they see fit from case to case. Magistrate judges will still preside over criminal matters. Criminal matters may be handled remotely.
Southern District Court –
Brownsville Division: the Reynaldo G. Garza – Filemon B. Vela U.S. Courthouse in Brownsville, Texas will be closed until further notice.
Corpus Christi Division: all jury trials with proceedings schedule through May 31, 2020 are postponed to a date to be set by each presiding judge. Other deadlines remain. Individual judges may hold bench trials, in-person hearings, sentencing proceedings, scheduling conferences, and other court proceedings, but the use of telephonic or video conferencing is encouraged where feasible, deemed appropriate, and permitted. Judges still exercise discretion to decide matters on pleadings alone. Presiding judges have case-by-case discretion, and magistrate judges will maintain their criminal and civil matters. Bankruptcy matters are subject to Bankruptcy Court orders.
Houston and Galveston Divisions: all jury trials are postponed through May 31, 2020. Other deadlines and settings remain in place pending further order by each presiding judge or by a standing order. The use of telephonic or video conference is encouraged when feasible, deemed appropriate by the presiding judge, and permitted, but individual judges may opt for in-person proceedings where necessary. Criminal matters may be handled remotely. Magistrate judges shall still preside over matters as scheduled, and bankruptcy matters are subject to separate direction.
Houston Division: the Bob Casey U.S. Courthouse in Houston, Texas will be closed to the public through May 1, 2020 and will reopen for official business on May 4, 2020. The Court’s ECF system remains unaffected and parties may continue to file electronically.
Galveston Division: the U.S. Courthouse and Custom House located at 601 25th Street in Galveston, Texas, is closed to the public, and litigants unable to file through the court’s CM/ECF system may file via email.
Laredo Division: the George P. Kazen Federal Building and U.S. Courthouse in Laredo, Texas is closed to the public until further notice, but remains open for magistrate court matters.
McAllen Division: the U.S. Courthouse in McAllen, Texas (Bentsen Tower) will be closed to the public until further notice. Filing deadlines remain unaffected. All jury trials scheduled to begin by May 31, 2020 are postponed to a date to be reset by each presiding judge. For hearings, the use of telephonic and video conferencing is encouraged where feasible, deemed appropriate, and permitted. Judges may individually decide not to hold in-person proceedings. Judges may still exercise discretion to decide matters on pleadings alone. Magistrate judge shall maintain their criminal and civil scheduled matters. Bankruptcy matter shall be addressed by the Bankruptcy Court.
Victoria Division: the U.S. District Court and related facilities located in the Martin Luther King Jr. Federal Building, 312 S. Main Street in Victoria, Texas is closed to the public, but the Court and its CM/ECF filing system remain available for official business. Court hearings will be significantly minimized.
Northern District Court – Jury trials with scheduled proceedings through May 31, 2020 are postponed to a date set by each presiding judge. Non-trial deadlines remain. Judges may preside over proceedings in person or remotely as they see fit from case to case. Magistrate judges will still preside over most of their criminal matters. Criminal matters may be handled remotely. Bankruptcy court hearings set for May 2020 (except for motions to extend or impose the stay, trials in adversary proceedings, and contested matters requiring lengthy hearings) will be conducted by videoconference or teleconference. In rare cases, judges may grant live hearings.
Western District – All civil and criminal bench and jury trials scheduled May 31, 2020, are continued and will be reset by each Presiding Judge. These continuances do not continue any pending deadlines other than the trial dates. Individual judges may continue to hold in-person hearings, proceedings, and conferences, Counsel may file appropriate motions to continue hearings or pending deadlines.
Waco Division – All hearings for civil cases will be conducted, as scheduled, via telephone conference. The Court will provide the dial-in information via e-mail or in an order.
Pennsylvania – Force Majeure Law
Stay at Home/ Closures/Reopening
37 counties are currently in yellow and include: Allegheny, Armstrong, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Indiana, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Somerset, Sullivan, Tioga, Union, Venango, Warren, Washington and Westmoreland. 12 counties will move to the yellow phase of reopening at 12:01 a.m. on Friday, May 22. Those counties include Adams, Beaver, Carbon, Columbia, Cumberland, Juniata, Mifflin, Perry, Susquehanna, Wyoming, Wayne, and York.
Statewide Stay-At-Home Order – https://www.governor.pa.gov/wp-content/uploads/2020/04/20200401-GOV-Statewide-Stay-at-Home-Order.pdf
Is Construction Deemed “Essential”/Exempted? – updated April 24, 2020
Public and private residential and non-residential construction may resume statewide in Pennsylvania starting Friday, May 1, 2020, in accordance with safety guidance issued by the Secretary of Health: https://www.governor.pa.gov/wp-content/uploads/2020/04/20200423-Construction-Industry-Guidance.pdf All business must identify a “Pandemic Safety Officer” for each project or work site, or, if a large-scale construction project, then for each contractor at the site. The primary responsibility of the Pandemic Safety Officer will be to convey, implement, and enforce the social distancing and other requirements of this guidance for the protection of employees, suppliers, and other personnel at the site.
Guidance on Restarting Construction Business Following COVID-19: https://www.penndot.gov/Documents/PennDOT-PTC%20Guidance%20for%20Restarting%20Construction%20Projects%20Final%20UPDATED%20200420.pdf
Building Safety Measures: https://www.governor.pa.gov/wp-content/uploads/2020/04/20200405-SOH-Building-Safety-Measures.pdf
Federal Court Extension of Filing and Case Deadlines
Eastern District – All civil and criminal jury trials and jury selections scheduled to begin through May 31, 2020 are continued pending further Court order. All arbitration hearings pursuant to Local Civil Rule 53.2 currently scheduled between now and May 31, 2020, are continued pending further court order.
Middle District – All hearings and proceedings in all civil and criminal matters through May 31, 2020 that would involve the physical presence of counsel or any party or individual before the Court are continued. A hearing or proceeding that would otherwise be continued under this order may be exempt from continuance if the Court finds that the proceeding is a trial in a criminal matter and the proceeding is one that cannot permissibly be delayed or continued under federal law; or, the proceeding is conducted by video or audio teleconference with approval of the Court; or, other exigent circumstances are found by the Court to exist. Counsel for all parties are to confer in any case involving a hearing or proceeding and to notify the Court regarding whether the case may be exempt from the continuance.
Western District – All civil and criminal jury selections and jury trials scheduled to begin before June 12, 2020 are continued pending further Order of the Court. All trial-specific or other deadlines or scheduling orders in all civil and criminal cases remain in effect, subject to further Orders of the Court.
Individual judicial officers may continue to hold hearings, conferences, sentencings, change of plea hearings, and bench trials in the exercise of their sound discretion. All judicial officers are encouraged to conduct proceedings by telephone or video conference, where practicable and permitted by law.
In furtherance of the Court’s Alternative Dispute Resolution (“ADR”) Policies and Procedures, the designated ADR neutral in any proceeding is authorized to permit participation in any ADR proceeding via video and telephone conference if, in the judgment of the ADR neutral, it will be effective and will minimize travel (especially by public conveyance) by any participant.
North Carolina – Force Majeure Law
Stay At Home/Closures/Reopening – move into Safer At Home Phase 2 of reopening on May 22
https://governor.nc.gov/news/key-indicators-remain-stable-north-carolina-moves-safer-home-phase-2
Is Construction Deemed “Essential”/Exempted?
Yes. Construction is described as an essential infrastructure operation. Allowable work includes, but is not limited to, “construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, and essential commercial and housing construction.”
https://files.nc.gov/governor/documents/files/EO121-Stay-at-Home-Order-3.pdf
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – Civil and criminal jury trials scheduled between March 18, 2020 and May 1, 2020 are to be rescheduled by each presiding judge. All other hearings, conferences, and proceedings are subject to the presiding judge. Judges may conduct in-person proceedings, subject to exemptions by motion, and judges may conduct proceedings remotely. Magistrate judges will proceed, but they may use video conferencing for initial appearances and hearings. Criminal matters may be handled remotely, consistent with the CARES Act.
Middle District Court – Jury trials and all criminal cases (including jury trials) scheduled by June 8, 2020 have been postponed. All other civil deadlines remain unless ordered otherwise by the presiding judge.
All visitors to the courthouse, including counsel and litigants, must observe social distancing (of at least 6 feet) at all times entering and within the courthouse. To the greatest extent practicable, counsel and parties must observe social distancing
in the courtroom and while seated at counsel table. All entrants to any courthouse building also are required to wear an appropriate face mask or cloth face covering in all public spaces, including courtrooms and security checkpoints. Parties and counsel must wear face masks or face coverings during court proceedings, unless directed otherwise by the presiding judge. Cases set for hearing will be scheduled at specified, individual times to reduce occupancy of the courthouse. Counsel, parties and any attendees should arrive at the time set for the hearing in which they are involved or interested. The court may limit the number of individuals in the courtroom gallery.
Western District Court – Courthouses remain open for business, but each judicial officer may curtail their calendar, and conduct certain proceedings (like settlement conferences and non-evidentiary proceedings) remotely. Criminal case proceedings are subject to postponement. Bankruptcy proceedings scheduled between March 16, 2020 and March 30, 2020 are postponed for a minimum of two weeks.
All litigants and visitors to the Courthouse must wear a mask or cloth face covering in all public spaces, including courtrooms and security checkpoints. Counsel, parties, and participants must wear a mask or face covering during court proceedings unless directed otherwise by the court. The Court’s Guidelines for civil and criminal hearings during the COVID-19 restrictions:
NC – Guidelines for Hearings During COVID-19
Stay At Home/Closures/Reopening
The regions of Western New York, the Capital Region, the Finger Lakes, Central New York, Mohawk Valley, Southern Tier and the North County are permitted to re-open under Phase One. NYS on PAUSE will be extended until May 28 for the following regions – Western New York, the Capital Region, the Mid-Hudson Valley, New York City and Long Island.
https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.31.pdf
Plan to Reopen New York – 12-step plan to reopen NY economy by region – https://www.governor.ny.gov/news/amid-ongoing-covid-19-pandemic-governor-cuomo-outlines-additional-guidelines-phased-plan-re
Is Construction Deemed “Essential”/Exempted?
Effective May 15, 2020, construction operations may restart in the Central NY, Finger Lakes, Southern Tier Mohawk Valley and North County regions. All construction businesses in regions of New York that have been permitted to re-open, as well as construction businesses statewide that were previously permitted to operate as essential must follow mandatory health and safety guidelines, as well as any existing, applicable local, state, and federal laws, regulations and standards.
NYS_BusinessReopeningSafetyPlanTemplate
Phase One of the Plan to Reopen NY to restart construction operations
https://esd.ny.gov/guidance-executive-order-2026 – March 27, 2020
Limited. Non-essential businesses and construction projects must cease operations at least through May 15, 2020, subject to a further executive order. Essential construction may proceed, to the extent that:
At every site, the personnel working on the site must maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits. Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation.
New York City Department of Buildings map of essential, active construction sites may be found here.
Federal Court Extension of Filing and Case Deadlines
Eastern District – All civil and criminal jury trials scheduled to commence on or before June 15, 2020, and all grand jury selections scheduled before June 15, 2020, are continued pending further Order of the Court.
Compliance with all trial-specific deadlines in civil and criminal cases shall be at the discretion of the assigned judges. Individual judges presiding over civil and criminal proceedings may take such actions consistent with this Order as may be lawful and appropriate to ensure the fairness of the proceedings and preserve the rights of the parties. Judges are strongly encouraged to conduct court proceedings by telephone or video conference where practicable and to adjourn matters or deadlines, or stay litigation, where in-person meetings, interviews, depositions, or travel would be necessary to prepare for any such proceedings. No in-person bench trials or evidentiary hearings may be scheduled without consultation with the Chief Judge.
Northern District – All civil and criminal jury trials scheduled to begin before June 15, 2020 are continued. Case-by-case exceptions to the postponements may be ordered at the discretion of the Court after consultation with counsel. All visitors to the Courthouse, including litigants, attorneys and other members of the public, shall be required to wear a mask or a face covering in the common or public areas of the Courthouse.
Western District – All civil and criminal jury trials are continued through June 15, 2020. For all Case Management/Scheduling Orders with ADR deadlines issued through June 15, 2020 all ADR deadlines shall be extended by ninety days (90) days, unless otherwise determined by the presiding or referral judge. ADR deadlines also may be extended to a date after June 15, 2020 in the discretion of the Mediator. Electronic ADR filings including Stipulations selecting a Mediator and Mediation Certifications may still be made through the CM/ECF system and ADR Program. No mediations will be conducted at any Courthouse until after June 15, 2020.
All litigants and visitors to the Courthouses must wear a mask or face covering in all public areas of the Courthouse. The US Marshalls may deny entry to the Courthouse to anyone who is not wearing a mask or face covering. Any visitor who seeks to enter the Courthouse without a mask will be provided a mask by the Court. If the Court is unable to provide a mask for any reason, the visitor will be asked to determine whether the purpose of the visit can be accomplished without entering the Courthouse.
Civil and criminal hearings may be conducted on a videoconference line or, where one is not reasonably available, a toll-free teleconference line. That line will be available to members of the public and the media, to the extent practicable. A note will appear on each case’s individual docket on PACER and dial-in instructions can be obtained by calling the judge’s Chambers directly.
Southern District – Order on Courthouse operations https://www.nysd.uscourts.gov/sites/default/files/2020-04/courthouseoperations.asofapril13.pdf
The conduct of jury trials is suspended until June 1, 2020.
Individual judges have been instructed to post on the judge’s webpage any orders of general applicability that extend time or deadlines in civil matters, adjourn conferences, etc.
New Jersey – Force Majeure Law
Stay at Home Order/Closures/Reopening
https://nj.gov/governor/news/news/562020/approved/20200518a.shtml
Is Construction Deemed “Essential”/Exempted?
The physical operations of all construction projects, whether or not deemed essential in prior Executive Orders, will be permitted to resume, effective at 6:00 a.m. on Monday, May 18. All construction projects must abide by the social distancing, safety, and sanitization requirements described in detail in Executive Order No. 142 here.
Federal Court Extension of Filing and Case Deadlines
All civil and criminal trials scheduled to begin through May 31, 2020 are continued to a date to be reset by each presiding judge. The conduct of all other hearings, conferences, bench trials and other proceedings are subject to the discretion of the individual judge presiding over the case. Judges are encouraged to conduct proceedings by telephone or video conferencing, where permitted by law and technologically feasible.
All filing and case deadlines that currently fall between March 25, 2020 and April 30, 2020 are extended by forty-five (45) days, unless the presiding judge in an individual case directs otherwise. Filing and case deadlines that fall between May 1, 2020 and May 31, 2020 are extended by thirty (30) days, unless the presiding judge in an individual case directs otherwise. This latter 30-day extension does not apply to filing and case deadlines already extended by 45 days. The extensions do not apply to any scheduled dates of conferences, which are controlled by the presiding judge.
The Order does not toll or extend any applicable statute of limitations.
Court-issued remote hearing guidelines – https://www.njd.uscourts.gov/sites/njd/files/RemoteHearingGuidelines.pdf
Stay At Home/Closures/Reopening
Is Construction Deemed “Essential”/Exempted?
Yes, construction defined as “Essential Infrastructure” is permitted. Essential Infrastructure includes, but is not limited to: food production, distribution, storage, and sale; construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, and housing construction); building management and maintenance; airport operations; aircraft fueling services; operation and maintenance of utilities, including water, sewer, and gas; electrical (including power generation, distribution, and production of raw materials); distribution centers; oil and biofuel refining; roads, highways, railroads, and public transportation; cybersecurity operations; flood control; operation of dams, locks, ditches, canals, diversions, and levies; solid waste and recycling collection and removal; and internet, video, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services).
Federal Court Extension of Filing and Discovery Deadlines
District Court – All jury trials (criminal and civil) and associated final pretrial conferences through May 29, 2020, have previously been vacated, to be reset by order of the presiding judge. The Court’s order does not vacate any pending deadlines other than the trial dates and final pretrial conferences. Individual judges may continue to hold non-jury proceedings such as bench trials, in-person hearings, settlement conferences, sentencing hearings, and other court matters as they deem appropriate, on a case-by-case basis.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://mn.gov/covid19/for-minnesotans/stay-safe-mn/stay-safe-plan.jsp
http://mn.gov/governor/news/index.jsp?id=1055-432917
Is Construction Deemed “Essential”/Exempted?
Yes.
https://mn.gov/deed/newscenter/covid/business-exemptions/
https://mn.gov/deed/assets/critical-worker-definitions-ACC_tcm1045-425195.pdf
https://mn.gov/governor/assets/3a.%20EO%2020-20%20FINAL%20SIGNED%20Filed_tcm1055-425020.pdf
Federal Court Extension of Filing and Discovery Deadlines
All civil jury trials and trial-specific deadlines are continued through June 14, 2020. Civil hearings that cannot be conducted using videoconference or telephone conference are continued through May 17, 2020.
Personal service of process under Federal Rule of Civil Procedure 4(c)(3) or 28 U.S.C. § 191S(d) by the US Marshall Service is suspended until further notice. In any case in which the U.S. Marshals Service has been ordered to serve process, the time for service under Federal Rule of Civil Procedure 4(m) is tolled until further notice.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://www.michigan.gov/documents/whitmer/MI_SAFE_START_PLAN_689875_7.pdf
Restart of Construction
Return to Work Guildelines for Construction
Restart of construction set for May 7, 2020, subject to compliance with enhanced social-distancing rules, including the following best practices to protect their workers from infection:
Ensuring sufficient hand-washing or hand-sanitizing stations at the worksite.
MI – Exec Order to Restart Construction
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – All civil and criminal matters scheduled for in-court appearances are postponed until further Court order. Questions concerning filing deadlines will be addressed by presiding judges. Presiding judges may make case by case exceptions to the postponement order. Magistrate judge criminal matters will continue. Consideration of civil or criminal motions that can be resolved remotely or without oral argument are unaffected. Criminal matters may be handled remotely, consistent with the CARES Act.
Western District Court – For matters that need to be addressed through May 18, 2020, presiding judges may make case specific assessments regarding matters that can be postponed or resumed remotely. A presiding judge may opt for an in-person hearing if it is deemed necessary and incapable of postponement. Criminal matters may be handled remotely, consistent with the CARES Act. The Court will grant limited “appointment only access” at its Grand Rapids and Marquette facilities through May 15; add the same limited “appointment only access” at its Kalamazoo facility, effective on May 11, and transition all Court facilities back to normal public access on May 18, 2020. Implementation of the CARES Act will remain in effect.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening – Enters Phase 2
https://governor.kansas.gov/governor-kelly-moves-kansas-into-modified-phase-2/
Is Construction Deemed “Essential”/Exempted?
Yes. Business restarting operations must comply with the following requirements:
Guidelines for Cleaning and Disinfecting Your Business/Facility – April 29, 2020
Guidance for Businesses and Employers to Plan for Coronavirus Disease 2019 (COVID-19) April 29, 2020
Federal Court Extension of Filing and Case Deadlines
All criminal cases and matters scheduled for nonemergency hearings are postponed until further notice. Grand jury proceedings are postponed for at least 30 days.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
Is Construction Deemed “Essential”/Exempted?
Iowa has issued guidance to businesses and employers, but no restrictions on construction operations.
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html
Federal Court Extension of Filing and Case Deadlines
Northern District – The court will resume regular, public business hours, effective June 1, 2020, subject to the requirements imposed on individuals entering the courthouse. The court also will resume the conduct of jury trials, effective June 1, 2020. Non-jury proceedings, such as bench trials and hearings, shall proceed as scheduled unless continued, on a case-by-case basis, by the presiding judge. Parties are encouraged to consider participation by telephone or video conferencing when that option is permitted by law and technologically feasible.
Southern District – All civil and criminal jury trials set until July 6, 2020 are continued pending further order of the Court. Non-jury criminal and civil trials and other hearings may be conducted at the discretion of the assigned judge, giving deference to the concerns of litigants and witnesses.
Stay At Home/Closures/Reopening
https://backontrack.in.gov/files/BackOnTrack-IN_WhatsOpen-Closed-stage3.pdf
Is Construction Deemed “Essential”/Exempted?
Yes. Building, construction, and other trades, may continue to be open and operate subject to the following requirements:
1) Safeguards: On or before May 11, 2020, all employers must develop a plan to implement measures and institute safeguards to ensure a safe environment for their employees, customers, clients, and members. The plan must be provided to each employee and posted publicly. The plan shall address, at a minimum, the following points:
i) Instituting an employee health screening process;
ii) Employing enhanced cleaning and disinfecting protocols for the workplace,including regularly cleaning high-touch surfaces;
iii) Enhancing the ability of employees, customers and clients to wash hands or take other personal hygiene measures such as use of hand sanitizer;
iv) Complying with social distancing requirements established by the CDC including, when possible, wearing face coverings or using barriers.
2) IOSHA Standards: All employers must comply with safety and health standards established and enforced by IOSHA. Employers are subject to specific standards to prevent the exposure or spread of a disease. Additionally, the General Duty Clause requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or “serious physical harm.
Assoc. Builders and Contractors – Response Plan for Construction – Indiana/Kentucky Chapter
ABC Response Plan and Member Resource
Federal Court Extension of Filing and Case Deadlines
Northern District – All jury trials though, and including, June 1, 2020 are continued. All in-person civil court proceedings will be converted to telephonic or videoconference proceedings. Case-by-case exceptions to conduct non-jury, in-person proceedings will be at the discretion of the assigned District or Magistrate Judge after consultation with counsel.
Southern District – The Court’s current operational status will remain in place until at least June 15, 2020. Civil and criminal jury trial are suspended through July 20, 2020. Other civil and criminal proceedings will be conducted telephone or video teleconference, as ordered, in any particular case. The court will not hold in-person proceedings until June 15, 2020, except under emergency circumstances, as ordered, in a particular case.
Through August 24, 2020, upon a person’s written request, the Clerk, through the Jury Administrators, shall temporarily excuse for undue hardship or extreme inconvenience any potential juror who: 1) At the time of request has ongoing symptoms of COVID-19 or tests positive for COVID-19; 2) Is in a category deemed at high risk of COVID-19 infection by the CDC or federal, state, or local public health authorities; 3) Is quarantined due to exposure to a person testing positive for COVID-19; 4) Is caring for a family member or other dependent with symptoms of COVID-19; 4) has tested positive for COVID-19; or, 5) Is a healthcare professional whose current employment is essential to the care and/or treatment of patients occasioned by the COVID-19 pandemic.
Force Majeure Law – coming soon!
Stay At Home/Closure Order/Reopening –
https://governor.hawaii.gov/wp-content/uploads/2020/05/Gov_Reopening-Memo_18-May-2020.pdf
City of Honolulu – City extends Stay at Home until May 31 – https://www.hawaiinewsnow.com/2020/04/21/live-mayor-announce-plans-modify-citys-stay-at-home-order/
Is Construction Deemed “Essential”/Exempted?
Yes, construction is considered a critical trade, defined as including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, essential activities, and essential businesses and operations.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal trials scheduled to commence before June 15, 2020 before any district or magistrate judge are continued. All civil hearings, including settlement conferences, scheduled before June 15, 2020 will either be conducted telephonically or will be taken off the court’s calendar pursuant to Local Rule 7.1.
Force Majeure Law – coming soon!
Shelter in Place Order/Reopening
Is Construction Deemed “Essential”/Exempted?
Yes. The Executive Order designates residential, non-residential and infrastructure work as “essential.”
https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Fourth-Modification-to-State-of-Emergency-03222020.pdf – March 22, 2020
Federal Court Extension of Filing and Case Deadlines
All civil and criminal jury selections and jury trials scheduled to begin before May 31, 2020 are continued pending further Order of the Court.
All deadlines set by Federal or Local Rules or Court Orders, including, but not limited to, scheduling orders in all civil and criminal cases, remain in effect unless modified by further Order of the Court or by Order of the assigned judge, however, judges may apply the principles of flexibility and accommodation to reasonable requests for filing or scheduling adjustments.
Individual judicial officers may continue to schedule and hold hearings, conferences and bench trials in the exercise of their sound discretion. The Court encourages the use of telephone or videoconferencing where practicable, and as permitted by law.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
Is Construction Deemed “Essential”/Exempted?
Yes. Construction is an “essential business” as one of 16 critical infrastructure sectors:
Construction including:
https://portal.ct.gov/DECD/Content/Coronavirus-Business-Recovery/Business-Exemptions-for-Coronavirus
Federal Court Extension of Filing and Case Deadlines
All in-court (in-person) civil proceedings scheduled to commence on or before June 15 2020 are continued, pending further order of the presiding judge in each action, and subject to the following:
Each district or magistrate judge may, in his or her discretion, choose to handle matters in court (as opposed to continuing the matter or handling it via video or teleconference) to the extent each judge deems it necessary to do so in the interests of justice, after giving due consideration to the public health risks presented by in-court appearances.
Safety Guidelines
Force Majeure Law – coming soon!
Stay At Home/Closure Order – Phase 3 and 4 starts 5/22
https://covid19.alaska.gov/reopen/
Is Construction Deemed “Essential”/Exempted?
Yes, so long as the business can maintain Social Distancing Requirements and prohibit congregations of no more than 10 people in the business at a time. “Social Distancing Requirements” is defined in Attachment A as maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer containing at least 60% alcohol, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal jury trials scheduled to commence on or before May 1, 2020, are continued pending further order of the assigned judge. In civil cases, no hearings scheduled between March 23, 2020, and May 1, 2020, will go forward except for emergency matters.
Stay At Home/Closures/Reopening
Stage One Re-openings – https://governor.maryland.gov/2020/05/13/stage-one-governor-hogan-announces-gradual-reopenings-with-flexible-community-based-approach/
Maryland Roadmap to Recovery – (https://governor.maryland.gov/wp-content/uploads/2020/04/MD_Strong.pdf
https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf
Is Construction Deemed “Essential”/Exempted?
Yes. Maryland permits continued work in critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, which deems “working construction” as among the operations and services that are typically essential to continued critical infrastructure viability.
https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf
https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_Version_2.0_Updated.pdf – March 28, 2020
State Court Statute of Limitations
The statute of limitations in Maryland actions is tolled or suspended, effective March 16, 2020, by the number of days that the Maryland state courts are closed to the public due to the COVID-19 emergency order by the Chief Judge of the Court of Appeals of Maryland.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal petit jury selections and jury trials scheduled to commence through June 30, 2020 are continued. In the discretion of individual judges, some civil jury trials may commence on or after July 1, 2020, and limited criminal jury trials may commence on or after August 1, 2020. All civil and criminal hearings, trials, and proceedings shall continue as presently scheduled, unless otherwise ordered by the presiding judge.
All bankruptcy hearings, trials, and proceedings in the U.S. Bankruptcy Court for the District of Maryland currently scheduled to commence after June 5, 2020, shall continue as presently scheduled, unless otherwise ordered or rescheduled by the presiding judge.
All filing deadlines falling between March 16, 2020, and June 5, 2020 are extended by eighty-four (84) days, unless otherwise ordered by the presiding judge in an individual case or by administrative order of the Bankruptcy Court. Existing discovery deadlines falling after June 5, 2020 will be enforced, unless otherwise extended by the presiding judge.
All persons that seek to enter the United States Courthouses in Baltimore, Greenbelt, or Salisbury must wear a face covering or mask. The mask must completely cover the wearer’s nose and mouth at all times. Any visitor who seeks to enter the Courthouse without a mask will be provided a mask by the Court. If the Court is unable to provide a mask for any reason, the visitor will be asked to determine whether the purpose of the visit can be accomplished without entering the Courthouse. The US Marshalls and Court Security Officers are authorized to deny entry to the Courthouse to anyone not wearing a mask.
Washington – Force Majeure Law
Stay at Home/Closures/Reopening
Phase 1 Adjusting and extending Stay Home – Stay Healthy to MAY 31, 2020
https://www.governor.wa.gov/sites/default/files/SafeStartWA_4May20_1pm.pdf
https://www.governor.wa.gov/news-media/inslee-extends-stay-home-stay-healthy-through-may-4
Is Construction Deemed “Essential”/Exempted?
Limited. Addendum to Proclamation 20-25 will permit work on existing construction projects that meet the requirements to restart construction.
Phase 1- Construction Restart COVID-19 Job Site Requirements
Phase 1 of the reopening program provides for the restart of construction operations – considered “low risk” – which meet the following requirements:
1) Restart existing construction projects with COVID-19 safety plans that allow work, which only can be performed while meeting social distancing requirements. The plan will allow for proper sanitation and cleanliness for workers, and include policies to encourage workers to stay home or leave the job site when they are sick. Additional specific safety requirements include, but are not limited to, COVID-19 site supervision, COVID-19 safety training and employer-provided personal protective equipment.
2) Prior to recommencing work, all contractors are required to develop and post at each job site a comprehensive COVID-19 exposure control, mitigation and recovery plan.
3) All Contractors must post at each job site written notice to employees, subcontractors and government officials describing the Phase 1 work that will be performed at that job site and including a signed commitment to adhere to the restart requirements.
4) All contractors have a general obligation to keep a safe and healthy job site in accordance with state and federal law.
No newly authorized projects are permitted to break social distancing standards during Phase 1. No jobsite may restart operations until the contractor can meet and maintain all requirements.
In limited circumstances, where social distancing requirements cannot be maintained on ongoing construction projects previously deemed “essential,” a hazard assessment and control plan must be implemented. The hazard assessment and control plan should identify appropriate PPE for use in accordance with Department of Labor & Industries requirements https://www.lni.wa.gov/forms-publications/F414-164-000.pdf Currently operating projects must be in compliance by no later than Friday, May 1.
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – All hearings in civil and criminal cases scheduled for in-court appearances before any District Judge in the Eastern District of Washington through May 31, 2020, are vacated and all associated case management deadlines related to those affected civil and criminal cases are suspended (pending further Orders from the presiding judge in each of those cases). Hearings in civil and criminal matters set for telephonic appearance by all parties or hearings set without oral argument remain unaffected.
Western District Court – All civil and criminal trials, grand jury proceedings and in-person hearings scheduled to occur before August 3, 2020, are continued pending further order of the Court. All persons over two years of age seeking entry to, or occupying, the Seattle and Tacoma Courthouses are required to wear a face covering or mask at all times, unless otherwise directed by the Court or a Courthouse official. Any visitor seeking entry to the Courthouse without a face covering or mask will be provided a mask by the Court. If the Court is unable to provide a mask for any reason, the visitor will be asked to explore alternatives to entering the Courthouse. Court Security Officers will deny entry to individuals not wearing a face covering or mask.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
Stay at Home extended until May 15: https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%209%20TO%20EXECUTIVE%20ORDER%2001-20.pdf
Addendum 6: Stay Home/Stay Safe: https://governor.vermont.gov/sites/scott/files/documents/ADDENDUM%206%20TO%20EXECUTIVE%20ORDER%2001-20.pdf (March 24, 2020)
Declaration of Emergency: https://governor.vermont.gov/sites/scott/files/documents/EO%2001-20%20Declaration%20of%20State%20of%20Emergency%20in%20Response%20to%20COVID-19%20and%20National%20Guard%20Call-Out.pdf (March 13, 2020)
Is Construction Deemed “Essential”/Exempted?
Construction operations that ceased work for more than seven days during the state of emergency may restart with as few employees as necessary to permit full operations, while maintaining compliance with mandatory health and safety requirements, and:
The mandatory health and safety requirements may be accessed here: https://accd.vermont.gov/news/update-new-work-safe-additions-stay-home-stay-safe-order
Federal Court Extension of Filing and Discovery Deadlines
District Court – Except as ordered by the presiding judge in a particular case, no civil or criminal trials will be scheduled before September 1, 2020. Before any trial, the court will enter an order tailored to the needs of the case concerning measures to reduce the risk of infection to all participants. In-person hearings in criminal and civil cases may resume on a limited basis in Burlington after May 25, 2020 and in Rutland after June 8, 2020, in the discretion of the presiding judge in an individual case. Hearings by video and telephone will be conducted as often as possible. Criminal proceedings may be handled remotely or postponed, consistent with the CARES Act. Civil motions and bankruptcy hearings may be resolved without a hearing, where appropriate, or held by videoconference or telephonically at the discretion of each presiding judge. Electronic filings shall continue as scheduled.
The courthouse is open for visits by attorneys and members of the public. All persons, including counsel, litigants, visitors, judges, court staff, and employees of other agencies located within the courthouse, shall wear masks while in public spaces. Witnesses will not be required to wear masks during testimony; the court will provide witnesses with a transparent face-shield. Disposable masks will be available at the entrances to the courthouse.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
8 Conditions to a ND Smart Restart
The Executive Order mandates the closure of, or limits access to, certain enumerated businesses (i.e., restaurants, bars, theatres, health clubs, etc.)
Is Construction Deemed “Essential”/Exempted?
Yes. North Dakota has not issued a stay-at-home directive or general order closing businesses.
Federal Court Extension of Filing and Case Deadlines
All jury trials currently scheduled through July 3, 2020 are continued. All trial-specific deadlines in civil cases remain in effect, however, trial-specific deadlines for criminal cases scheduled for trial before July 3, 2020 are continued. Individual judges may continue discovery and other trial-specific deadlines in civil cases in the exercise of their discretion.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
Idaho Stay Healthy Order – https://coronavirus.idaho.gov/wp-content/uploads/2020/05/stay-healthy-order-stage2.pdf
Idaho Rebounds – Stages to Reopening – https://rebound.idaho.gov/stages-of-reopening/
Is Construction Deemed “Essential”/Exempted?
Yes. Both public and private construction are deemed “essential infrastructure.”
Federal Court Extension of Filing and Discovery Deadlines
Continued Court Operations in Response to Reopening ID
District Court – The federal courthouse is closed until May 31, 2020, except for essential hearings, as determined by the presiding judge. The Court’s Order does not affect the Court’s consideration of bankruptcy, civil or criminal motions that can be decided without oral argument or in-court presentation of evidence. Idaho District Court will re-open for jury trials when Idaho enters Stage 3 of reopening Idaho.
Stay at Home/Closure Order – Will Modify Stay At Home Order on May 1 to Extend to May 30
https://wgem.com/2020/04/23/illinois-governor-extends-modified-stay-at-home-order/
Is Construction Deemed “Essential”/Exempted?
Yes.
Federal Court Extension of Filing and Case Deadlines
Northern District – In all civil cases, all deadlines, whether set by the court or by the Rules of Civil Procedure or Local Rules, are extended by 77 days from the current deadline. The presiding judge, on a case-by-case basis and for good cause, may extend, shorten, or revoke the 77-day extension. Rights or deadlines concerning any appeal from any decision of the Court are not extended.
Civil case hearings, bench trials, and settlement conferences scheduled for on or before May 29, 2020 are stricken, to be re-set by the presiding judge to a date on or after June 1, 2020. Any party may request, by motion to the assigned judge, that a telephonic hearing or settlement conference (by remote means) be conducted prior to May 29, 2020. Any such request shall specify the need and urgency for the telephonic hearing or conference.
Civil jury trials scheduled for on or before June 26, 2020 are stricken, to be re-set by the presiding judge to a date on or after June 29, 2020.
Central District – All civil and criminal jury trials scheduled to begin before May 30, 2020, are continued and shall be rescheduled by the presiding judge to a date after May 30, 2020. All civil hearings, including settlement conferences, shall be conducted by telephone or video teleconference.
Southern District – All civil jury trial settings on or before May 31, 2020, are stricken, to be reset by the presiding judge to a date on or after June 1, 2020. All other civil matters, including bench trials, hearings, and settlement conferences, scheduled between now and May 31, 2020, for an in-court appearance before any district or magistrate judge in the East St. Louis or Benton courthouses are continued pending further Order of the Court. Judges shall have discretion to utilize videoconferencing or telephone conferencing and will send the appropriate notice to counsel.
In all civil cases, all current deadlines, whether set by the Court, the Federal Rules of Civil Procedure, or Local Rules, are extended by 60 days from the current deadline set. These Administrative Orders do not grant an extension of any deadlines concerning any appeal from any decision of the Court. The presiding judge, on a case-by-case basis and for good cause shown, may extend, shorten, or revoke the extensions granted. The Court invites parties to file an extension of time to appeal under Appellate Rule 4(a)(5)(A) no later than 30 days after the time prescribed by Rule 4(a). If a timely extension motion is filed, then the Court deems that good cause exists for the extension in light of current public health concerns.
Any requirement for personal service of process for any cases pending in this district or any other district, is suspended until further Order of the Court. This Order does not apply to service of process by mail, waivers of service under Federal Rule of Civil Procedure 4(d), or service by electronic means, unless otherwise ordered by the Court. In any civil case in which the United States Marshals Service has suspended the service of process under this Order, the time for service under Federal Rule of Civil Procedure 4(m) is tolled until further Order of the Court.
Stay At Home/Closures/Reopening
https://drive.google.com/file/d/1w4xfCKF3ELTULfpqLoASRofW_LRb2glz/view
The Governor announced that starting April 27, the state will move onto the “Safer at Home” phase. During this phase, Coloradans will no longer be ordered to stay home but are still strongly encouraged to do so.
Is Construction Deemed “Essential”/Exempted?
Yes. Permitted construction activities include work on critical infrastructure and operations for “housing and housing for low-income and vulnerable people,” for “skilled trades such as electricians, plumbers,” and for “other related firms and professionals” that “provide services necessary to maintain the safety, sanitation, and critical operation of residences, and other essential services.”
https://covid19.colorado.gov/stay-home-except-essential-needs
https://sjbpublichealth.org/wp-content/uploads/2020/03/Public_Health_Order_20-20_3-25-20.pdf
https://covid19.colorado.gov/sites/covid19/files/Critical%20Business%20Self%20Certification.pdf
Federal Court Extension of Filing and Discovery Deadlines
District Court – Electronic filing remains available and required for parties authorized to file electronically. All other submissions must be mailed. Unrepresented parties may submit filings by email. All civil and criminal trials scheduled to commence by July 6, 2020 are postponed until further Court order. Remote attendance is available for initial appearances on indictments and complaints. Presiding judges may exercise discretion in either rescheduling hearings or conducting them remotely, and, when necessary, holding proceedings in person.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
28 Counties open in Phase 1 – https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36618
Plan for Rebuilding a Safe and Strong Oregon – Phase I https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36579
Counties may be approved to begin the limited reopening of business sectors as early as May 15, 2020 upon demonstration that the county meets all prerequisites for reopening. Oregon counties may begin submitting applications for approval to reopen business Friday, May 8, 2020, and must:
Is Construction Deemed “Essential”/Exempted?
Yes. Oregon has not issued an essential business list but allows construction workers and contractors to continue working so long as they follow social distancing requirements and designate an employee or officer to enforce social distancing policies consistent with guidance from the Oregon Health Authority.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal jury proceedings scheduled by June 1, 2020 are postponed pending further Court order. All other matters within that period are postponed except for case-by-case exceptions made by presiding judges in non-jury matters. Filing deadlines on motions are not affected. The Court’s paper copy requirement is suspended for filings due by June 1, 2020. During the COVID-19 outbreak, the Court’s standing order requires scheduling criminal proceedings by videoconference and teleconference through June 29, 2020.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
https://gov.louisiana.gov/news/PhaseOne
https://gov.louisiana.gov/assets/Proclamations/2020/58-JBE-2020.pdf
Is Construction Deemed “Essential”/Exempted?
Yes. The Stay at Home Order permits individuals to leave home to perform an “essential worker function” based on Guidance provided by the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA). The Guidance deems “working construction” among the range of operations and services that are typically essential to continued critical infrastructure viability.
Federal Court Extension of Filing and Discovery Deadlines
Eastern District – All civil and criminal jury trials are suspended until August 1, 2020 and will be reset by each presiding judge. Trial-specific deadlines, other than trial dates, are not suspended, but may be extended at the discretion of the presiding judge.
With respect to other matters requiring in-person appearances, including bench trials, hearings, conferences or other proceedings in either civil or criminal matters through August 1, 2020, counsel must contact the presiding judge’s chambers to determine whether and how the matter will proceed.
Middle District – All civil and criminal trials (bench and jury) are postponed to a date on or after June 30, 2020, to be determined by the presiding Judge. Pending deadlines, other than pre-trial conference and trial dates, are not continued. Parties seeking to modify case deadlines must do so by written motion.
All civil evidentiary hearings and other in-court hearings in the United States District Court and the United States Bankruptcy Court, set through June 30, 2020 are postponed.
Prescriptive, preemptive and statute of limitation deadlines are interrupted until May 15, 2020.
Western District – All civil and criminal trials scheduled to begin through July 1, 2020 are continued to a date to be reset by each presiding judge. All other hearings, conferences and/or proceedings are subject to the discretion of the presiding judge presiding.
Massachusetts – Force Majeure Law
Stay At Home/Closures/Reopening
May 18 Reopening Massachusetts – Full Report
May 18 Reopening Massachusetts – Construction Safety Standards
May 18 Reopening Massachusetts – Construction Protocol Summary
May 18 Reopening Massachusetts – Construction Checklist
April 28 Order Extending Essential Services Order
4 Phase Re-Opening Plan – https://www.mass.gov/news/baker-polito-administration-announces-four-phase-approach-to-reopening-and-publishes-mandatory
Is Construction Deemed “Essential”/Exempted?
Yes. Construction is in Phase 1 which can resume/proceed May 18, provided safety protocols are followed.
Current Mass.gov Information re Guidance and Directives
Current Mass.gov Information re Essential Services
March 31 Order Exhibit A Identifying Essential Services
Safety Guidelines and Supplements
May 6 Supplemental Safety Guidelines and Procedures for MBTA Projects
April 27 Boston Safety Protocols, Best Practices and Compliance Affidavit
April 14 MassDOT Bid Solicitation Requirements for COVID-19
April 9 Case Incidence Reporting Protocols for MBTA
April 2 Enforcement of Safety Guidelines and Procedures for Construction Sites
April 2 Supplemental Guidelines for Construction Sites
March 31 Safety Guidelines Compliance Checklist and Certification
March 25 Guidance re Essential Services
Stop Work Orders and Notices
Boston –April 5 Notice of Phased Expansion of Allowable Essential Construction
March 25 Order Extending Suspension of Construction Work
March 19 Order Suspending Construction Work
Cambridge – March 18 Construction Moratorium Order
Somerville – March 23 Order to Cease Construction
North Atlantic States Regional Council of Carpenters (4/6) – April 2 Directive to Stop Work
North Atlantic States Regional Council of Carpenters (4/16) – April 16 Letter Lifting Directive to Stop Work
International Union of Painters and Allied Trades (4/6) – April 6 Directive to Stop Work
Federal Court Extension of Filing and Discovery Deadlines
District Court – All jury trials, and trial-specific deadlines in criminal cases, scheduled by May 29, 2020 are postponed pending further Court order. Presiding judges may exercise discretion to postpone trial-specific deadlines in civil cases. Criminal matters may be handled remotely, consistent with the CARES Act. Mediations are stayed until at least May 29, 2020.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
Updates to Social Gathering and Work Place Opening
https://drive.google.com/file/d/102e7cpEpUyMTQ6LJ4qTglczTzhDPTwgJ/view
https://drive.google.com/file/d/1LOAj8puy0LomGsPLbAmBuGPQTJ90A51b/view
https://health.wyo.gov/statewide-public-health-orders-extended-through-april-17/
“Gatherings” Order: https://health.wyo.gov/wp-content/uploads/2020/03/Continuation-of-Statewide-Order-2.pdf
Is Construction Deemed “Essential”/Exempted?
No stay at home or closure order has been issued for the entire State of Wyoming, however, some localities have issued their own stay at home orders. The Wyoming Department of Health has issued an order limiting “gatherings” to 10 or less people.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil trials scheduled prior to June 1, 2020 must be vacated, along with any final pretrial conference and associated deadlines for these cases. All other civil case deadlines, unassociated with the trial date and final pretrial conference, shall remain in place subject to modification by the Court upon request of counsel. All in-person hearings scheduled in civil cases between March 20, 2020 and May 31, 2020, will be held by telephone, video conference or other reliable electronic means that do not require personal appearance at the courthouse.
Wisconsin
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
On May 13, the Wisconsin Supreme Court struck down the governor’s safer at home order, effective immediately. This rendered the Safer at Home and Badger Bounce Back orders unenforceable. Please continue staying safer at home, practicing social distancing, frequently washing your hands, and only traveling for necessity.
Is Construction Deemed “Essential”/Exempted?
Yes, for the most part. Essential construction is defined as including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care and assisted living facilities, public works construction, school construction, Essential Business and Operations construction, construction necessary for Essential Governmental Functions, and housing construction, except that optional or aesthetic construction should be avoided.
Federal Court Extension of Filing and Discovery Deadlines
Eastern District – All civil and criminal jury trials scheduled to begin before June 1, 2020 are continued and will be rescheduled by the presiding judge to a date after June 1, 2020. All in-person civil hearings, including settlement conferences and mediations, will be converted to telephonic or videoconference proceedings. The court will continue to consider civil or criminal motions that can be resolved without in-person argument.
Western District – All jury trials through June 30, 2020 are continued, and will be reset by further order of the court. All pre-trial deadlines, including the final pre-trial conference, remain in place. All in-person proceedings, except those necessary for public safety, are also continued and will be rescheduled as circumstances permit.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://twitter.com/GovMLG/status/1253339171776688134
Clarification of Stay at Home, limits and Essential Business
https://cv.nmhealth.org/wp-content/uploads/2020/04/DOH-PHO-4_6-.pdf
March 23, 2020 – https://cv.nmhealth.org/wp-content/uploads/2020/03/COVID-19-DOH-Order-fv.pdf
“Essential Businesses” Definition – https://cv.nmhealth.org/stay-at-home-essential-businesses/
Is Construction Deemed “Essential”/Exempted?
Yes, both public works construction and commercial/residential construction are deemed an “Essential Business” as an infrastructure operation.
Federal Court Extension of Filing and Discovery Deadlines
All civil and criminal trials through May 29, 2020 are continued, subject to further order of the presiding judge.
Service of process by the United States Marshall Service under Federal Rule of Civil Procedure 4(c)(3), 28 U.S.C. § 1915(d), or 28 U.S.C. § 1916, for any cases pending in this District or any other district, is suspended through May 29, 2020. In addition, in any civil case in which the United States Marshals Service has been ordered to serve process, the time for service under Federal Rule of Civil procedure 4(m) is tolled through May 29, 2020.
Stay At Home/Closures/Reopening
Northern VA (Counties of Arlington, Fairfax, Loudoun, and Prince William, and the Cities of Alexandria, Fairfax, Falls Church, Manassas, Manassas Park, as well as the Towns of Dumfries, Herndon, Leesburg, and Vienna (Northern Virginia Region) remain in Phase Zero. Will Open up May 28
https://www.governor.virginia.gov/
Is Construction Deemed “Essential”/Exempted?
Yes, so long as social distancing is practiced, enhanced sanitation is enforced, and workplace guidance follows state and federal direction.
https://www.virginia.gov/coronavirus/faq/
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – All civil and criminal jury proceedings are postponed until further Court order. Except for critical or emergency matters and matters exempted by presiding judges, civil and criminal proceedings scheduled through June 10, 2020 are postponed. Filing deadlines will no longer be extended, but judges will consider further extensions on a case by case basis. Criminal matters may be handled remotely, consistent with the CARES Act.
Western District Court – All civil, criminal, and bankruptcy in-person court proceedings scheduled through May 1, 2020, including civil and criminal jury trials, are postponed unless otherwise directed by a presiding judge. Issues concerning pending pretrial deadlines are subject to the discretion of presiding judges. Proceedings may be conducted by videoconference or teleconference where appropriate. Non-electronic submissions will still be accepted and filed. Criminal matters may be handled remotely, consistent with the CARES Act.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
Is Construction Deemed “Essential”/Exempted?
Yes. The construction sector labor force may continue operations.
The construction industry must maintain strict social distancing practices to facilitate a minimum of six feet of separation between workers, and to adopt policies and practices that ensure minimum contact between the workforce and the general public. This social distancing restriction shall not be construed to supersede any safety practices imposed on the industry by state or federal law.
The industry also must comply with any applicable COVID-19 risk mitigation policies defined in regulations and any precautionary measures and guidance promulgated by Nevada Department of Business and Industry.
Federal Court Extension of Filing and Case Deadlines
All civil and criminal jury trials are continued, including any associated deadlines, pending further order of the Court. The presiding judge will address any needed continuance of trial in their individual cases. All Bankruptcy Court hearings will be conducted remotely.
Force Majeure Law – coming soon!
Stay at Home Order/Closures/Reopening
Additional social distancing and guidelines for these counties – Attala, Leake, Scott, Jasper, Neshoba, Newton and Lauderdale counties. – https://www.sos.ms.gov/content/executiveorders/ExecutiveOrders/1483.pdf
https://www.sos.ms.gov/content/executiveorders/ExecutiveOrders/1478.pdf
https://www.sos.ms.gov/content/executiveorders/ExecutiveOrders/1466.pdf
Is Construction Deemed “Essential”/Exempted?
Yes.
https://www.sos.ms.gov/Education-Publications/ExecutiveOrders/1465.pdf
Federal Court Extension of Filing and Discovery Deadlines
Northern District Court – Parties may move, on notice of reasonable suspicion of exposure to COVID-19, to conduct proceedings remotely. All proceedings, civil and criminal, scheduled or typically undertaken in person will be postponed or conducted remotely where possible. Hearings in bankruptcy cases will be conducted telephonically whenever possible. Criminal matters may be handled remotely, consistent with the CARES Act.
Southern District Court – Through May 1, 2020, all nonessential civil and criminal matters set for an in-person hearing or trial are postponed. Initial appearances, arraignments, detention hearings, and issuances of warrants are essential. For all other set matters, each presiding judge may determine whether individual cases must proceed remotely or in person. Other deadlines are not affected unless a presiding judge states otherwise. Judges presiding over bankruptcy matters have discretion over whether proceedings should be delayed. Criminal matters may be handled remotely, consistent with the CARES Act.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
Executive Order 05.12.20.02 – https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders
Is Construction Deemed “Essential”/Exempted?
Yes. The Order permits individuals involved in “critical infrastructure” to continue to perform work and services outside the home based on the Guidance provided by the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA). The Guidance deems “working construction” among the range of operations and services that are typically essential to continued critical infrastructure viability.
Federal Court Extension of Filing and Case Deadlines
Northern District – All jury trials, including trial specific deadlines, are continued through May 29, 2020, pending further order of the Court. Individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion.
Middle District – The Court will not hold jury trials through July 13, 2020. Individual judges will continue to hold hearings, conferences, and bench trials, as scheduled, unless ordered otherwise by the presiding judge.
Southern District – Jury trials during the period between March 17, 2020 and April 17, 2020 may be continued. Individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion, and by telephone or video conference, where practicable.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://azgovernor.gov/sites/default/files/executive_order_2020-36_return_stronger.pdf
Is Construction Deemed “Essential”/Exempted?
Yes. However, physical distancing of individuals by at least six feet is required. Allowable construction activities are those “including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, and housing construction.”
https://azgovernor.gov/sites/default/files/eo_2020-18_stay_home_stay_healthy_stay_connected_1.0.pdf
https://azgovernor.gov/sites/default/files/eo_2021_0.pdf
Federal Court Extension of Filing and Discovery Deadlines
District Court – Closure of the Flagstaff Courthouse is extended through May 29, 2020. Proceedings other than essential functions (like initial appearances and preliminary and detention hearings) are postponed. All civil and criminal jury trials scheduled to commence by June 1, 2020 are postponed. Presiding judges may postpone trial-specific deadlines in civil cases. All trial-specific deadlines in criminal cases scheduled to begin by June 1, 2020 are postponed pending further Court order. Presiding judges may hold videoconference or teleconference hearings, conferences, and bench trials, if deemed necessary and feasible. Criminal matters may be handled remotely, consistent with the CARES Act.
New Hampshire – Force Majeure Law
Stay At Home/Closures/Reopening
https://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-40.pdf
Is Construction Deemed “Essential”/Exempted?
Yes, construction is deemed an “Essential Service” as defined by Exhibit A to New Hampshire’s Emergency Order #17.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal jury trials scheduled to begin before July 1, 2020, are continued. All final pretrial conferences associated with those trials are also continued. All civil hearings and conferences scheduled to occur after March 20, 2020, shall remain as scheduled and conducted by teleconference or videoconference. The presiding judge has the discretion to continue any of those matters and/or reschedule for an in-court hearing at the Rudman Courthouse.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
Tennessee’s Stay at Home order will expire on April 30th for 89 Counties. Shelby, Madison, Davidson, Hamilton, Knox and Sullivan counties will plan their re-openings. https://www.tn.gov/governor/news/2020/4/20/gov–lee-announces-safer-at-home-order-will-expire-april-30–tennessee-begins-phased-reopening-next-week.html
Stay at Home Order extended until April 30 – https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee27.pdf
https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee22.pdf
https://www.tn.gov/governor/news/2020/4/2/gov–lee-requires-tennesseans-to-remain-at-home-as-data-shows-increased-activity-among-citizens-.html (April 2, 2020 Update)
Is Construction Deemed “Essential”/Exempted?
Yes. Permitted construction-related services are those “including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, construction related to Essential Activity or Essential Services, and housing construction.”
https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee35.pdf
https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee22.pdf
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – Civil and criminal jury trials occurring by May 30, 2020 are postponed unless otherwise ordered by a presiding judge. Other case proceedings will be conducted remotely. Civil matters not requiring a jury are subject to the discretion of each presiding judge.
Middle District Court – Civil and criminal jury proceedings scheduled through April 30, 2020 are postponed pending further order by the presiding judge. Judge Trauger specifically requires motions for a change of plea hearing or to continue in criminal jury trials. Other deadlines remain. Criminal matters may proceed by videoconference or teleconference. Criminal matters scheduled before magistrate judges will proceed but may be conducted remotely. Presiding judges may opt to conduct proceedings in person or remotely.
Western District Court – All civil proceedings are postponed until after May 30, 2020 unless parties are otherwise notified. All criminal proceedings other than those handled by a magistrate judge are postponed until after May 30, 2020 unless exigent circumstances of demands of justice require otherwise, in which case parties will be notified. Initial appearances, arraignments, bond and detention hearings, and other in-person criminal proceedings will be conducted via videoconference on a schedule determined by the presiding magistrate judge. All civil and criminal jury trials with proceedings scheduled by May 30, 2020 are postponed until further notice.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
https://covid.sd.gov/docs/2020-20.pdf
https://covid.sd.gov/docs/COVID_SDPlan_BackToNormal.pdf
Is Construction Deemed “Essential”/Exempted?
South Dakota has not defined “essential” businesses, however, South Dakota directs for-profit and non-profit businesses to follow the directives outlined in the Governor’s Order.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal jury trials scheduled to commence on or before July 6,2020, before any judge in the District of South Dakota will be continued pending further order of the Court. Non-jury proceedings, such as bench trials and hearings, shall proceed as scheduled unless continued, on a case-by-case basis, by the presiding judge. However, parties are encouraged to consider participation by telephone or video conferencing when that option is permitted by law and technologically feasible.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://www.sos.ok.gov/documents/executive/1926.pdf
April 1, 2020 – The Governor issued Executive Order 2020-07, extending all provisions of the stay at home order to all 77 counties and:
Is Construction Deemed “Essential”/Exempted?
Yes, Amended Executive Memorandum 2020-01 included construction workers on the list of critical infrastructure sectors exempted from Oklahoma’s Original Executive Memorandum. Further guidance on “critical infrastructure” is as follows:
“Effective at 11:59 p.m. on March 25, 2020, all businesses not identified as being within a critical infrastructure sector as defined by the U.S. Department of Homeland Security and located in a county experiencing community spread of COVID-19, as identified by OSDH on its website, shall close. Additional sectors may be designated as critical by Executive Order or Memorandum. Nothing in this provision shall prevent restaurants and bars from providing pick-up, curbside, and delivery. This shall be effective until April 16, 2020.”
Federal Court Extension of Filing and Discovery Deadlines
Northern District – All civil hearings and trials scheduled on or before May 31, 2020, are continued pending further Order of the Court. All other scheduling order deadlines, including discovery cut-off and all motion, response, and reply deadlines, remain in effect. Telephonic hearings may be scheduled at the discretion of the judge. All Court-ordered settlement conferences scheduled on or before May 31, 2020 are continued pending further Order of the Court. This Order does not affect the Court’s consideration of civil or criminal motions that can be resolved without oral argument.
Eastern District – All civil hearings and trials scheduled on or before July 6, 2020, are continued pending further Order of the Court.
Western District – Civil and criminal jury trials on the April 2020, May 2020 and June 2020 dockets are continued be reset by the presiding judge. The presiding judge also will address trial-related deadlines. Routine, in-person status conferences are suspended, and scheduling orders will be issued based on submitted joint status reports or telephonic status conferences, at the discretion of the presiding judge. Presiding judges retain discretion to determine on a case-by-case basis whether civil matters (including in-person appearances) should proceed as scheduled or be continued. Any matters that can be resolved without oral argument or the presentation of evidence will proceed as usual. Parties should continue to conduct discovery absent contrary direction by the presiding judge. The use of telephonic, or videoconference hearings is encouraged.
Force Majeure Law – coming soon!
Stay at Home Order/Closures/Reopening
South Carolina statewide “Work-or-Home” order lifted and and returned to voluntary status, effective Monday, May 4th.
https://governor.sc.gov/news/2020-05/gov-henry-mcmaster-lift-work-or-home-order-may-4th
Business Closure Order
Stay at Home Order, effective April 7, 2020
The Executive Order mandates the closure of, or limits access to, certain enumerated businesses (i.e., restaurants, bars, theatres, health clubs, etc.)
Is Construction Deemed “Essential”/Exempted?
Yes. The Order permits the continued operation of “Critical Infrastructure” based on the Guidance provided by the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA). The Guidance deems “working construction” among the range of operations and services that are typically essential to continued critical infrastructure viability.
Federal Court Extension of Filing and Deadlines
All jury trials currently scheduled through July 5, 2020 are continued, pending further Order of the Court.
All civil case deadlines, whether set by the court or by the Federal Rules of Civil Procedure or local rules, are extended by 21 days from the current deadline. The Order does not toll statutes of limitations.
Unless otherwise ordered by the Presiding Judge, all other civil and criminal matters scheduled for an in-court appearance through July 5, 2020, including any associated deadlines, are continued, unless all parties and the Presiding Judge agree to resolve the matters without court appearance, via telephone or video teleconferencing where practical.
Stay at Home/Closures/Reopening
This Order supersedes conflicting actions or orders issued by local officials in response to COVID-19, but only to the extent that the action or order permits essential services or essential activities prohibited by this Executive Order.
https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-91-compressed.pdf
Is Construction Deemed “Essential”/Exempted?
Yes. The Stay at Home Order permits individuals to leave home to perform “essential services” based on the Guidance provided by the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA). The Guidance deems “working construction” among the range of operations and services that are typically essential to continued critical infrastructure viability.
The Stay at Home Order also expressly includes those essential businesses listed in the Miami-Dade County Declaration. The listing of “essential businesses” includes a number of references to construction including, but not limited to, open construction sites, contractors and tradesmen.
Federal Court Extension of Filing and Case Deadlines
Northern District – All jury trials and grand jury proceedings have been cancelled for March 2020.
Middle District – Orders, if any, continuing trial dates or trial-specific deadlines have been issued by the individual Divisions.
Jacksonville Division – All jury trials scheduled to commence before May 31, 2020 are continued, pending further order of the Court. In civil cases, individual judges may continue trial-specific deadlines in the exercise of their discretion. In civil cases, individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion, and by telephone or video conference, where practicable.
Fort Myers Division – All jury trials, including trial-specific deadlines, scheduled to commence before May 31, 2020 are continued, pending further order of the Court. In civil cases, individual judges may continue trial-specific deadlines in the exercise of their discretion. In civil cases, individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion, and by telephone or video conference, where practicable.
Orlando Division – All jury trials scheduled to commence before June 30, 2020 are continued, pending further order of the Court. In civil cases, individual judges may continue trial-specific deadlines in the exercise of their discretion. In civil cases, individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion, and by telephone or video conference, where practicable.
Southern District – All jury trials and grand jury sessions scheduled to begin on or after March 30, 2020, are continued until July 6, 2020. All trial-specific deadlines in criminal cases scheduled to begin before July 6, 2020, are continued pending further Order of the Court. In civil cases, individual judges may continue trial-specific deadlines in the exercise of their discretion.
Individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion, and by telephone or video conference, where practicable.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
Amendment: https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-10._.pdf (March 26, 2020)
Declaration of Emergency: https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-03.__1.pdf (March 11, 2020)
Is Construction Deemed “Essential”/Exempted?
Yes. Construction activities are expressly allowed, but social distancing is encouraged.
https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-10._.pdf (March 26, 2020)
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – All civil and criminal jury trials with proceedings scheduled by April 30, 2020 are postponed. Preliminary criminal proceedings will be conducted by videoconference. All hearings, conferences, and bench trials in civil and criminal cases will be conducted by videoconference or teleconference. Presiding judges may conduct certain criminal matters in person when necessary, but criminal matters may be handled remotely, consistent with the CARES Act.
Western District Court – All civil and criminal trials (bench and jury) are postponed and will be rescheduled to a date after May 1, 2020. Presiding judges will exercise discretion over filing deadlines. Magistrate judge criminal proceedings will continue but may be conducted by videoconference. All civil hearings and other court proceedings, including settlement conferences, will proceed by videoconference at the discretion of each presiding judge. Deadlines remain for civil and criminal motions that can be resolved without oral argument or handled remotely. Criminal matters may be handled remotely, consistent with the CARES Act.
Social Distancing Order
https://www.sos.mo.gov/library/reference/orders/2020/eo4
Stay at Home Order
Extended to May 3 – https://governor.mo.gov/press-releases/archive/governor-parson-extends-statewide-stay-home-missouri-order-through-may-3
https://governor.mo.gov/priorities/extension-stay-home-order-covd-19
Is Construction Deemed “Essential”/Exempted?
N/A. Each city is adopting its own COVID-19 response strategy.
Federal Court Extension of Filing and Discovery Deadlines
Eastern District Court – All civil and criminal jury trials have been suspended through May 31, 2020. Essential criminal matters may proceed in person, and other matters may proceed remotely. Civil cases may proceed remotely. All in-person ADR requirements are suspended through May 31, 2020. Additional scheduling relief may be sought by motion.
Western District Court – All civil and most criminal jury proceedings scheduled to commence by July 6, 2020 are postponed. Judges have discretion to postpone trial-specific deadlines in civil cases. All non-emergency criminal and civil hearings are postponed through May 17, 2020, except if otherwise ordered. Criminal matters before magistrate judges will resume. Criminal matters may be handled remotely, consistent with the CARES Act. Criminal and civil motions that can be resolved without oral argument remain unaffected. All bankruptcy hearings and trials through May 17, 2020 will be postponed or conducted remotely.
Stay At Home/Closures/Reopening
Extended to May 31 – https://www.maine.gov/governor/mills/sites/maine.gov.governor.mills/files/inline-files/An%20Order%20to%20Stay%20Safer%20at%20Home.pdf
Is Construction Deemed “Essential”/Exempted?
Yes. Construction of essential infrastructure is explicitly exempt. Maine also allows for essential services identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency which deems “working construction” as among the range of operations and services that are typically essential to continued critical infrastructure viability.
Federal Court Extension of Filing and Discovery Deadlines
District Court – All civil and criminal jury proceedings scheduled by April 30, 2020 are postponed until after May 2020. Critical scheduled court hearings may be conducted at the discretion of presiding judges, such as emergency motion hearings. Deadlines for remote proceedings remain. All other civil and criminal deadlines through May 1, 2020 are extended by thirty (30) days. Preliminary criminal proceedings will be conducted remotely, and other criminal matters may be handled remotely, consistent with the CARES Act.
Force Majeure Law – coming soon!
Benchmarks for Reopening the Economy – Kentucky Healthy At Work
https://kentucky.gov/Pages/Activity-stream.aspx?n=GovernorBeshear&prId=148
Healthy At Home/Closure Order
https://governor.ky.gov/attachments/20200325_Executive-Order_2020-257_Healthy-at-Home.pdf
Is Construction Deemed “Essential”/Exempted?
The Kentucky Healthy At Work Protocol anticipates the restart of construction by May 11, 2020.
Federal Court Extension of Filing and Case Deadlines
Eastern District – All civil and criminal trials scheduled to begin through May 17, 2020 are continued for a minimum of thirty (30) days, subject to further orders of the Court.
Except for emergency matters, in-person hearings in civil cases scheduled through May 1, 2020, are continued generally. The assigned judge in each case may exercise discretion to proceed with the hearing at the scheduled time or otherwise by telephone, video conference, or other means that do not require an in-person appearance.
All settlement conferences scheduled through May 1, 2020, are continued generally.
For all Complaints filed pursuant to the False Claims Act, which remain under seal, the United States is granted an extension of time in which to intervene. For all sealed qui tam actions, the United States shall have an additional 60 days from the current intervention deadline in which to intervene or to notify the Court that it declines to do so. Nothing in this general order shall be construed to limit the United States from seeking additional extensions of time in said cases.
Western District – All civil and criminal trials scheduled to begin through May 29, 2020 are continued and will be rescheduled by the presiding judge. The presiding judge in civil cases may continue trial-specific deadlines in their discretion.
Except for emergency matters, in-person hearings in civil cases scheduled through May 29, 2020, are vacated. The assigned judge in each case may exercise discretion to proceed with the hearing at the scheduled time or otherwise by telephone, video conference, or other means that do not require an in-person appearance.
All settlement conferences scheduled through May 29, 2020, are vacated, subject to an order of the presiding Judge that would permit the use of telephone or videoconferencing.
For all Complaints filed pursuant to the False Claims Act, which remain under seal, the court finds that good cause exists to grant the United States an extension of time in which to intervene. For all sealed qui tam actions, the United States shall have an additional 60 days from the current intervention deadline in which to intervene or to notify the Court that it declines to do so. Nothing in this general order shall be construed to limit the United States from seeking additional extensions of time in said cases.
