David McPherson is the managing partner of the Firm’s Irvine office. For over 30 years, David has focused his practice exclusively on complex construction disputes and litigation. He has a broad range of experience in representing clients on virtually every type of major construction project and provides legal representation to some of the world’s largest contractors and engineering firms as well as prominent general contractors, developers owners, and subcontractors in the western United States.
David has handled contract negotiations and disputes involving all types of public and private construction projects throughout the Western United States including, power plants, water treatment plants, wastewater treatment plants, military base construction, libraries, highways, mass transit systems, high-rise apartments, parking structures, hospitals, high-rise buildings, commercial complexes, universities, five-star resorts, international resorts, and high-end luxury homes.
In 2018, David served as lead counsel on two major public works trial efforts. The first trial was a case of first impression under Public Contract Code Section 5110. In that case a verdict was rendered awarding the client 100% of the claimed damages. In June 2018, a Los Angeles Federal Court Jury awarded David’s client a $45 million judgment (98% of the claim) against the City of Los Angeles and rejected all but 0.05% the City’s $163 million claim. The verdict was the 9th largest in that state of California and in the top 50 for the United States. The Ninth Circuit affirmed this verdict in May 2020.
For the past ten years, David has been an arbitrator with the American Arbitration Association on its Construction Panel and was elected to join AAA’s Mega Projects Construction Panel in 2020. Mr. McPherson has served as lead arbitrator (individually and on panels) for over 20 matters and has written awards on relating to disputes with claim values from $1 million to in excess of $12 million.
Honors & Awards
Top 100 Verdicts in the United States in 2018
Memberships & Affiliations
Notable Decisions
Speaking Engagements & Publications
Stay At Home/Closures/Reopening
CAL OSHA Emergency Temporary Standards page
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-June-15-2021-Align-with-State
Alameda-County-health-officer-order-Dec-8-2021-Masking
Contra Costa
Fresno County
Kern County
Los Angeles (City)
Los Angeles County
LosAngelesCounty_GuidanceConstructionSites
Orange County
https://occovid19.ochealthinfo.com/article/oc-health-officers-orders-recommendations
Riverside County
Sacramento County
San Bernardino County
San Diego (City)
San Diego County
San Francisco and County
San Joaquin County
San Mateo County
Santa Clara County
Ventura County
Federal Courts Operations and Trials
All California federal courts have resumed normal operations, including jury trials, subject to logistical considerations necessitated by continued safety protocols. Judges continue to have discretion to hold hearings in civil matters by video or telephonic conference.
Stay At Home/Closures/Reopening
https://governor.maryland.gov/2020/06/10/governor-hogan-announces-next-stage-two-reopenings-including-indoor-dining-and-outdoor-amusements/
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.
U.S. District Court – Effective September 8, 2021, all persons entering U.S. Courthouses in this District, except for criminal defendants, sitting or prospective Grand or Petit Jurors, and lay persons who have been subpoenaed or directed to appear and testify in criminal proceedings or before a Grand Jury, must have been fully vaccinated1 against the COVID-19 virus before they are permitted to enter. On an interim basis, persons seeking to enter who are not fully vaccinated will be allowed to enter upon production of a negative COVID-19 PCR or antigen test administered no more than 72 hours prior.
Court Security Officers at the entrance to each Courthouse will be enforcing this policy.
Stay At Home/Closures/Reopening
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
Civil and criminal trials are subject to certain pilot trial designations in June 2021; the pilot trial program will end in July. At that time, civil and criminal trials will proceed at the assigned judge’s discretion. No trial requiring 10 or more jurors will be held in the Wayne Aspinall Courthouse or the courtroom in Colorado Springs, subject to the orders of the presiding judge in each case.
Those who have tested positive for the coronavirus and unvaccinated people who may have been exposed to the virus are prohibited from entering any courthouse. Individuals who are fully vaccinated are no longer required to wear face masks when entering any courthouse except when involved in the jury selection process.
Stay at Home/Closures/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
The court returned to normal court operations on June 7, 2021 with the resumption of on-site and public-facing activities, at the presiding judge’s discretion.
Attorneys are asked to inform the appropriate court if they have appeared in court and have since developed symptoms or tested positive for the coronavirus and to inform the courts about any scheduled proceedings that will require the attendance of a person who has tested positive for coronavirus or has been in contact in the past 14 days with a person who has tested positive for coronavirus. Face masks are required in common areas of the district court and bankruptcy court.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
Effective midnight June 24 – joint travel advisory that says people coming in from states with a high infection rate must quarantine for 14 days. This applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a 7-day rolling average.
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
District of Connecticut – Criminal and civil jury selections and jury trials may be scheduled, with priority given to short criminal jury trials involving defendants who have been detained the longest. All participants in in-court proceedings must wear masks, unless otherwise ordered by the judge.
Persons who have experienced COVID-19 symptoms in the last 21 days, those who have tested positive for the coronavirus and those who have come into contact with someone who has tested positive in the last 21 days are prohibited from entering the courthouse.
Safety Guidelines
Stay At Home/Closures/Reopening
https://www.arkansasonline.com/news/2020/jun/10/watch-live-gov-state-health-officials-give-130-pm-/
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 of Arkansas – Civil and criminal jury trials and bench trials generally will resume as scheduled, effective May 24, 2021. For non-trial matters, remote proceedings will continue to be preferred, but depending on circumstances in particular cases, the court may hold in-person hearings. 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 of Arkansas – The moratorium on civil and criminal bench and jury trials has been lifted. Various criminal proceedings may be held remotely. Those who are fully vaccinated are no longer required to wear a mask or physically distance in district courthouses.
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
Criminal and civil jury trials resumed on a limited basis as of May 3, 2021. Most hearings will be held by telephone.
Everyone over the age of 2 must wear a face mask in public areas of the courthouses. Those who have COVID-19 symptoms, have tested positive for the virus, have been asked to quarantine in the past two weeks or have had close contact with someone who has tested positive in the last two weeks are prohibited from entering the district’s courthouses.
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
Flagstaff Courthouse – All Flagstaff jury trials are postponed until further notice. Video-conference, VTC and telephonic proceedings are authorized to occur in the Flagstaff Courthouse to the full extent authorized by the CARES Act upon the required findings of the designated judge.
Yuma Courthouse – Certain court proceedings in Yuma that involve fewer than 10 people may resume if necessary. 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.
Tucson and Phoenix Courthouses – Criminal and civil jury trials resumed as of March 1, 2021.
Members of the public admitted to the courtroom will be limited to no more than two people in the public seating area at any time. Those exhibiting symptoms of COVID-19 are not allowed to enter courthouses. Masks must be worn to enter district courthouses.
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 – District and magistrate judges will determine when it is appropriate to conduct in-person hearings on a case-by-case basis. Hearings will be conducted remotely through the coronavirus national emergency unless it is necessary for them to be held in person. Those with active diagnoses of COVID-19 or symptoms are prohibited from entering courthouses in Huntsville and Florence. Those who are fully vaccinated aren’t required to wear masks, but the presiding judge in any court proceeding may require masks to be worn.
Middle District – Criminal proceedings may be held remotely. Any proceedings that cannot be conducted remotely will be coordinated with the duty magistrate judge.
On May 25, 2021, the district vacated a previous order restricting courthouse access to judges, court staff, members of the media and visitors with official court business. Those who are fully vaccinated do not need to wear face masks while inside the courthouse. Those who are not fully vaccinated are encouraged to wear masks in public areas of the courthouse.
Southern District – Those who are fully vaccinated are not required to wear masks inside the courthouse, unless instructed otherwise by a court official.
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
All civil jury trials and bench trials scheduled to occur after September 1, 2021, shall proceed as scheduled. Civil jury trials and bench trials (and accompanying final pretrial conferences) scheduled to occur prior to September 1, 2021, shall proceed as determined by the presiding judge. Parties who are not ready for trial as scheduled should file a motion to continue. If parties are ready for trial but have not discussed trial scheduling and logistics with the judge, they may file a notice with the court and request a status conference. All in-person court sponsored/conducted mediations scheduled to occur after September 1, 2021 shall proceed as scheduled.
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 jury trials scheduled through August 31, 2020 may be conducted as scheduled, pending further order of the Court. Criminal jury trial are postponed pending further order by the Court. Civil and Criminal matters may proceed by videoconference or teleconference.
Western District Court – All civil and criminal jury selections and jury trials scheduled to begin between February 12, 2021 and March 31, 2021, are continued until further notice. All in-person courtroom proceedings are continued through February 26, 2021. The presiding judge may authorize in-person proceedings on a case-by-case basis upon a determination that it is necessary to serve the ends of justice.
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 jury trials scheduled to commence through February 15, 2021 are vacated and no jury trial will be commenced until on or after February 16, 2021. The use of video conference and teleconference in non-trial civil proceedings will continue. If necessary, in-person court proceedings and in-person chambers proceedings will be limited to the number of people which permits the observance of the physical distancing requirement of six feet in all instances.
Health screening may take place for admittance to a courthouse and the use of face masks or cloth face coverings is required for all individuals in a courthouse, unless otherwise directed by the Court or a courthouse official. The face covering must completely conceal the wearer’s nose and mouth at all times. Physical distancing will be enforced in public or common areas.
Southern District Court – The Court will permit the resumption of civil jury trials, subject to the following conditions: (1) at least one of the parties must represent to the Court that the interests of justice require the jury trial to go forward as scheduled and that any further continuance in the matter would represent a hardship to the party; and (2) the Court finds that, in the interests of justice, it is absolutely necessary that the matter go forward as scheduled. Any civil jury trial set to occur during the pendency of this Order, as to which both of the above conditions are not met, will be continued to a future date to be set by the presiding judge.
The use of face masks or cloth face coverings is required for all individuals in a courthouse. The face covering must completely conceal the wearer’s nose and mouth at all times. Pre-screening and physical distancing protocols will be enforced.
New Jersey – Force Majeure Law
Stay at Home Order/Closures/Reopening
Effective midnight June 24 – joint travel advisory that says people coming in from states with a high infection rate must quarantine for 14 days. This applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a 7-day rolling average.
https://nj.gov/governor/news/news/562020/approved/20200601a.shtml
https://nj.gov/governor/news/news/562020/approved/20200613c.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 jury selections and jury trials shall be continued to June 1, 2021. Jury selections and trials impacted by this Standing Order may be reset by further Order of the presiding judge.
The Order does not alter filing or discovery deadlines, or deadlines set by the Federal and Local Rules or Court Orders, nor does it toll or extend any applicable statutes of limitation, however, judges may grant extensions of time in appropriate circumstances.
All persons that seek to enter the United States Courthouse must wear a face covering or mask. If a visitor attempts to enter the Courthouse without a face covering or mask, 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 enforce the Order requiring face coverings. Each visitor to the Courthouse will have his/her temperature taken, using a contactless thermometer. Any person with a temperature of 100.4 degrees or higher will be denied entry to the Courthouse by the U.S. Marshals Service.
Court-issued remote hearing guidelines – https://www.njd.uscourts.gov/sites/njd/files/RemoteHearingGuidelines.pdf
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://www.governor.state.nm.us/wp-content/uploads/2020/05/DOH-PHO-5-27.pdf
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 jury trials scheduled before any district or magistrate judge are suspended until February 28, 2021. The suspension of all civil and criminal jury trials until February 28, 2021 shall not impact other case management deadlines or orders in civil or criminal cases.
All grand jury proceedings in the District of New Mexico are suspended until February 28, 2021.
All visitors entering courthouse facilities are required to wear a face mask.
Public and media access to court hearings will continue to be live-streamed as outlined in the COVID-19 Temporary Administrative Procedures Manual.
Washington – Force Majeure Law
Stay at Home/Closures/Reopening
https://www.governor.wa.gov/news-media/inslee-issues-safety-plan-template-businesses-phase-3
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 trials and hearings in civil and criminal cases scheduled for in-court appearances before any District Judge in the Eastern District of Washington through February 28, 2021, are suspended and the Clerk’s Office, court offices and specified courtrooms in Spokane, Richland and Yakima will be closed to the public with the exception of essential in-person hearings and functions, which will be at the discretion of the presiding judge. Staff will be available by telephone, mail will be received and new filings will be processed. H
Western District Court – All in-person civil and criminal trials, grand jury proceedings and in-person hearings scheduled to occur before March 31, 2021, are continued pending further order of the Court or the order of an individual judge. 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.
Stay At Home/Closures/Reopening
https://www.backontrack.in.gov/files/BackOnTrack-IN_WhatsOpen-Closed-stage4.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 – In-person civil and criminal jury trials are suspended until at least April 5, 2021. Other civil and criminal proceedings may be conducted by telephone or video teleconference, as ordered, in any particular case.
All persons seeking entry to or occupying any federal courthouse must wear a face covering that completely covers the wearer’s nose and mouth in all public spaces. An exception to this Order may be made for a person providing a written exemption from a medical professional.
Stay At Home/Closures/Reopening
https://www.virginia.gov/coronavirus/forwardvirginia/
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
All individuals entering any Courthouse, to include employees, vendors, contractors, litigants, attorneys, stakeholders from other agencies, and members of the public, shall be required to: (1) wear a face covering or mask that covers the nose and mouth continuously when in public areas and shared common spaces, including hallways, entrance foyers, and courtrooms. Inside each courtroom, the presiding judge may permit removal of face coverings for the purposes of facilitating a hearing or otherwise promoting the functioning and effective operation of the Court; (2) engage in social distancing, whenever possible, which involves staying at least six feet apart from other individuals; and (3) stay home, if sick. Any visitor seeking entry to the Courthouse without a face covering, or who refuses to wear a face mask continuously while in the Courthouse, will be denied entry by security staff and will be asked to determine whether their business can be accomplished without entry to the Courthouse.
Eastern District Court – Effective June 11, 2020 and depending upon local circumstances, in-person court proceedings may resume, including civil and criminal bench trials, however, judges will continue to use video- and tele-conferencing to the greatest extent possible. Criminal jury trials may recommence on July 7, 2020. No civil jury trials will be conducted until further notice.
The entrance restrictions for Courthouses in this District may be accessed here.
Western District Court – All civil or criminal jury trials will be continued until March 1, 2021. A presiding judge may conduct a jury trial in an individual case should the exigencies of that case and the interests of justice so require.
All visitors to the Courthouse, except those under 10 years of age, will be required to wear a face covering or mask.
Pennsylvania – Force Majeure Law
Stay at Home/ Closures/Reopening
https://www.governor.pa.gov/newsroom/gov-wolf-eight-more-counties-going-green-on-june-19/
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 selections and jury trials scheduled to begin on or before January 15, 2021 are continued pending an order rescheduling the trial issued by the presiding judge. Essential in-person proceedings may continue to be held in designated courtrooms in accordance with the current scheduling protocol, at the discretion of the presiding judge. Judges are encouraged to hold in-person proceedings only when absolutely necessary and to use video and telephone conferencing as much as possible.
Effective June 22, 2020, all visitors to the Courthouse and Federal Building in Allentown, including vendors, contractors, litigants, attorneys, and other members of the public, are required to wear a mask or face covering when entering the building and when in common or public areas of the building, unless the visitor cannot wear a mask or face covering due to a medical condition. Visitors are expected to supply their own mask or face covering, however, visitors seeking entry without a mask or face covering will be provided a mask by the Court.
Middle District – Effective November 30, 2020, the Court re-entered Phase One of the COVID-19 Recovery Guidelines. The Guideline may be accessed here https://www.pamd.uscourts.gov/sites/pamd/files/COVID-19_Guidelines_amended070920.pdf
All civil and criminal jury selections and jury trials scheduled to begin on or before January 15, 2021 are continued pending an order rescheduling the trial issued by the presiding judge. Essential in-person proceedings may continue to be held in designated courtrooms in accordance with the current scheduling protocol, at the discretion of the presiding judge. Judges are encouraged to hold in-person proceedings only when absolutely necessary and to use video and telephone conferencing as much as possible.
The Court prohibits the following in-person Court proceedings: civil or criminal trials; in-person settlement or mediation conferences; petty offense docket proceedings; and in-person C.A.R.E. proceedings.
Western District – All civil and criminal case jury selections and civil and criminal case jury trials scheduled to begin (or which are to be scheduled to begin) before February 8, 2021 are continued pending further Order of the Court. All such continued jury selections and trials will be reset by further Order of the presiding judge.
Notwithstanding the above, the Court intends on an initial basis to conduct one or more civil jury trials in each Division of the Court at one or more junctures occurring during the period of November 2020 through January 2021 in order to facilitate and assess the safe and effective implementation of operational protocols for jury trial operations. Such civil jury trials will be scheduled by the presiding judicial officer after consultation with the Chief Judge and shall not involve any detained participants.
All trial-specific or other deadlines in all civil and criminal cases remain in effect unless modified by further Order of the Chief Judge or by Order of the presiding judge. Individual judicial officers may hold hearings, conferences, sentencings, change of plea hearings, and bench trials in the exercise of their sound discretion, consistent with the operational protocols of the Court, and after such reasonable consultation with counsel as they may deem appropriate. Such proceedings may be held, and are encouraged to be held, via video/telephone conference as permitted by law. Such proceedings may be held in person if such becomes appropriate in the then-existing circumstances as to Court operations and the needs of the case, and as are also consistent with then-applicable public health and safety considerations, directives and advisories from relevant public health authorities (including but not limited to such guidance and directives as to group size limitations, as well as to the movement of detained persons to and from detention centers).
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.
Visitors to the Court ( including vendors, contractors, litigants, attorneys, and other members of the public), and all other persons seeking entry to or occupying any Court facility for any business with the Court or it personnel, shall be required to wear a face mask or appropriate face covering.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36773
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
Civil and criminal jury selections, jury trials, grand jury proceedings and any other proceeding requiring an in-court appearance may proceed as long as they can be conducted in compliance with health advisories. Where all parties and the Presiding Judge agree to resolve the matters without oral argument, or via telephone or video teleconferencing, hearings may be conducted remotely.
All persons seeking entry to, or occupying, a public space in any United States Courthouse in the District of Oregon must wear a face covering or mask unless a medical condition prevents them from doing so and they can show proof of the medical condition in the form of a physician’s order or other documentation. The face covering or mask must completely conceal the wearer’s nose and mouth at all times. Any visitor seeking entry to the Courthouses without a mask or face covering will be provided one by the Court. If the Court is unable to provide a mask for any reason, the visitor will be asked to contact by telephone the office to be visited to explore alternatives to entering the Courthouse.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://www.governor.ok.gov/articles/press_releases/oklahoma-to-begin-phase-3-of-open-up-and-recover
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 December 31, 2020, are continued pending further order of the Court. All other scheduling order deadlines, however, including discovery cut-off and all motion, response, and reply deadlines, shall remain in effect. Telephonic or video hearings may be scheduled at the discretion of the judge. On-site hearings or jury trials may be held at the discretion of the Judge if the interests of justice outweigh the safety risks.
Scheduled Settlement Conferences will proceed as scheduled, however, until further notice, the Court will not Order parties or attorneys to attend an in-person settlement conference. Settlement Conferences will take place by video or telephonic means. If all parties, counsel and the Settlement Judge agree, a Settlement Conference may proceed by other agreed procedures, including personal appearance by some or all willing participants.
All visitors will be required to wear masks while on the 3rd or 4th floor of the Page Belcher Building. Visitors who do not have a mask will be provided one. Social distancing guidelines requesting all visitors and court staff to remain 6 feet apart will be in effect. Courtrooms also will be arranged to allow for social distancing. No more than two people shall be on an elevator at one time, and everyone will be required to wear a mask while using an elevator. All visitors will have their temperature taken at the building entrance. Anyone having a temperature above 100.4 will be denied entrance, unless approved by the court.
Eastern District – All jury trials scheduled to commence through January 31, 2021 are CONTINUED pending further order of the Court. This is without prejudice to the decision of a trial judge to proceed with trial if the interests of justice outweigh the safety risks.
Western District – All civil and criminal jury trials scheduled for the January 2021 docket are continued and will be reset by the presiding judge. Trial-related deadlines are not continued, unless ordered otherwise by the presiding judge. Civil hearings generally will be conducted by telephone conference.
All visitors to the courthouses, including attorneys and their staff, vendors, contractors, and other members of the public, are required to wear face coverings at all times while in the courthouses, including courtrooms, subject to the discretion of particular presiding judges, and except as directed by Court security personnel for identification or other security purposes. Persons without an appropriate face covering will be provided a mask upon entering the courthouses.
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 trial scheduled to commence through January 31, 2021 are continued. The Court may issue other orders concerning future continuances, as necessary. All trial-specific deadlines in civil cases remain in force. Due to the fluid nature of the outbreak and the need for flexibility in response, counsel may request modifications to pleading-related and discovery-related deadlines as needed. Individual judges may continue trial-specific deadlines in civil cases in the exercise of their discretion.
All persons entering the Courthouse must abide by the public safety policies enacted by each Courthouse staff, which include wearing masks in common areas and physical distancing.
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 – All civil jury trials scheduled to commence before January 4, 2021, are continued and postponed pending further order of the court or the assigned judge. Trials will resume at the earliest time it is determined safe and appropriate to do so.
Remote access to court proceedings – https://www.ncmd.uscourts.gov/zoomgov-remote-proceeding-access-information-4282020
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.
All entrants to any Courthouse are required to wear an appropriate face mask or cloth face covering in all public spaces, including courtrooms and security checkpoints. Counsel, parties, and participants shall wear face masks or coverings during court proceedings unless otherwise directed by the court. The United States Marshals and the Court Security Officers will deny entry to anyone attempting to enter the Courthouse without a face mask or face covering.
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
Charlotte Division – Effective June 1, 2020, the Court will resume normal business hours and will permit scheduling of court proceeding that may continue past 3:00 pm. Criminal and civil jury trials also may resume in the discretion of the presiding judge, and in accordance with social distancing requirements.
Stay At Home/Closures/Reopening
Effective midnight June 24 – joint travel advisory that says people coming in from states with a high infection rate must quarantine for 14 days. This applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a 7-day rolling average.
https://coronavirus.health.ny.gov/home
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 – Effective November 24, 2020, all criminal and civil jury selections and trials, and all in-person bench trials, are hereby postponed pending further Order of the Court. All continued trials will be rescheduled by order of the assigned judge. When jury trials resume, scheduling priority will be given to criminal trials with in-custody defendants, with consideration also given to the length of time that cases have been pending. Compliance with all trial-specific deadlines in continued civil and criminal cases is at the discretion of the judge.
Each visitor to the Courthouse must comply with screening procedures, including having his/her temperature taken. All visitors to the Courthouse must wear a mask, covering both nose and mouth, and adhere to social distancing protocols.
Northern District – All civil and criminal jury selections and jury trial scheduled to commence through March 8, 2021 in any courthouse in the District are continued pending further Order of the Court. Case-by-case exceptions to the postponements may be ordered at the discretion of the Court after consultation with counsel. This order does not affect the Court’s consideration of civil or criminal motions that can be resolved without oral argument or handled by telephone or video conference.
All visitors to the courthouse, including vendors, contractors, litigants, attorneys, and other members of the public, shall be required to wear a mask or a face covering when in the common or public areas of the courthouse. Persons refusing to wear a mask or to comply with the instructions of courthouse staff may be denied entry or removed.
Western District – All criminal and civil jury trials scheduled to commence through February 24, 2021 are continued. All in person criminal and civil appearances are continued through February 24, 2021, unless the in-person appearance is deemed essential by the presiding or referral judge. This General Order does not affect the Court’s consideration of civil matters that can be resolved by telephone or videoconference or without oral argument or personal appearances.
The Court’s ADR Program is open, subject to the following limitations: 1. All ADR deadlines are extended for a period of sixty (60) days unless otherwise determined by the presiding or referral judge; 2. The Mediator in any case may elect to adjourn mediation sessions until February 24, 2021; 3. Notwithstanding the above, no in-person mediation sessions will be conducted in the courthouses of the Western District of New York through February 24, 2021, unless approved by the presiding or referral judge; 4. If a mediation is adjourned, the Mediator shall prepare a Mediation Certification confirming to the Court that the mediation session has been adjourned, including the new date for the mediation session as agreed upon by the Mediator and the parties, and send it to “adrprogram@nywd.uscourts.gov” for filing; 5. This Order shall apply to all Case Management/Scheduling Orders with ADR deadlines issued through February 24, 2021.
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.
Southern District – All jury trials scheduled for the period beginning December 1, 2020 and ending January 15, 2021 are adjourned. Jury trials will be rescheduled by further order of the presiding Judge. All civil proceedings, including bench trials and hearings with witnesses, will be conducted remotely.
All visitors to the courthouse, including vendors, contractors, litigants, attorneys, and other members of the public, shall be required to wear a mask or a face covering and will be subject to screening procedures.
SDNY Entry Questionnaire: https://www.nysd.uscourts.gov/sites/default/files/2020-10/QR%20Sign%20-%20Public_Media_v.5.pdf
2020 Phased Re-Entry Plan (COVID-19): https://www.nysd.uscourts.gov/sites/default/files/2020-11/Public%20Phased%20Plan%2011.19%20final.pdf
Guidelines for pre-screening upon entry to the Courthouse and wearing face coverings in courtrooms and common areas of the Courthouse can be accessed here.
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
The Court issued an amended order to allow jury trials to proceed in accordance with the Court’s internal plan for resuming jury trials.
Effective November 12, 2020, all jury trials are postponed until further notice, and the presiding judges will address the need for any trial continuance in their individual cases.
During court proceedings, everyone inside the courtroom is required to wear a face covering, to the extent practical and where social distancing measures are difficult to maintain. The presiding judge may modify this requirement for particular court proceedings. Members of the public are encouraged, but not required, to wear face coverings during security screening and while they are in public areas of the Courthouses. The Court will provide face coverings for members of the public who come to the Courthouses for court-related businesses without a face covering, provided that the Court has a sufficient supply. The requirement to wear a face covering does not apply to visitors to the courthouse who cannot wear a face covering due to a medical condition.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://mn.gov/governor/news/#/detail/appId/1/id/434917
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
Effective, November 30, 2020, all civil hearings or trials that cannot be conducted using videoconferencing or by telephone conference are continued through January 31, 2021 No new in-person civil trials may commence before February 1, 2021. Civil jury trial-specific deadlines may be continued as ordered by the presiding judge.
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://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 cases scheduled for a jury trial to commence on or before January 31, 2021 are continued pending further order of the Court. Other in-court hearings shall remain scheduled unless continued, on a case-by-case basis, by the district, magistrate, or bankruptcy judge. Case progression deadlines in civil cases will remain set, pending any case-specific adjustments to be made on motion from the parties or on the Court’s own motion.
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 – Plan for Phased Resumption of Operations and Plan to Reconvene Jury Trials During COVID- 19 Pandemic
Admin Order Adopting Plans for resumption of Operation – MT
Effective December 3, 2020, and continuing through January 15, 2021, the Court will revert to Phase 2 of its Plan for Phased Resumption of Operations. All jury trials (criminal and civil) and associated final pretrial conferences through January 15, 2021, are vacated, to be reset by order of the presiding judge. This order does not vacate any pending deadlines other than the trial dates and final pretrial conferences. Non-jury civil and criminal hearings may proceed remotely or in person, depending on judicial preference, provided social distancing requirements can be met.
Stay at Home/Closures/Reopening
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 – Effective November 24, 2020, all civil proceedings will be remote, unless a specific in-person exception is directed by the Presiding Judge in the case. All in-person ADR requirements are suspended until further Order of the Court. All parties needing additional scheduling relief should consult with opposing parties and move the Court for the relief needed in their case.
Western District Court – All civil and criminal (grand and petit) jury selections and jury trials scheduled to commence before any district or magistrate judge in the Western District of Missouri on or before March 22, 2021 are continued. All non-emergency criminal and civil hearings are continued until March 22, 2021. However, individual judges may continue to hold such hearings, conferences, and bench trials as may be necessary to ensure the fairness of the proceedings and to preserve the rights of the parties.
Massachusetts – Force Majeure Law
Stay At Home/Closures/Reopening
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.
All persons entering the Courthouse and in the public spaces of the Courthouse, including the courtrooms, shall wear masks covering their nose and mouth. The only exceptions to that requirement are (a) for a witness testifying under oath, who will testify behind a clear acrylic barrier, or (b) where a judicial officer has made a specific temporary exception that the interest of justice, balanced against the public-health risk, requires such action for reasons provided on the record.
Stay At Home/Closures/Reopening
https://www.maine.gov/decd/covid-19-prevention-checklists
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 are continued until further Order of the Court. Critical scheduled court hearings may be conducted at the discretion of presiding judges, such as emergency motion hearings. All 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.
All persons ( over the age of two years) that seek to enter the United States Courthouse must wear a face covering or mask. If a visitor attempts to enter the Courthouse without a face covering or mask, 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 enforce the Order requiring face coverings.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
https://gov.louisiana.gov/index.cfm/newsroom/detail/2532
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 March 1, 2021 and will be reset by each presiding judge. Those continuances do not continue any pending deadlines other than the trial dates. With respect to other matters requiring in-person appearances, including bench trials, hearings, conferences or other proceedings in either civil or criminal matters, counsel must contact the presiding judge’s chambers to determine whether and how the matter will proceed.
All visitors to the Courthouse must wear a mask that covers the nose and mouth in all public areas of the courthouse, unless permitted to remove your mask by an authorized court staff member. Visitors to the Courthouse also must adhere to safe social distancing rules by standing or sitting at least six feet away from other individuals. Anyone who fails or refuses to abide by these rules will be required to leave the courthouse immediately.
Middle District – All civil and criminal trials (bench and jury) may resume. All civil evidentiary hearings and other in-court hearings in the United States District Court and the United States Bankruptcy Court may resume. Presiding judges may, in their discretion, continue to conduct all or part of any proceedings by video conference or telephone conference. All employees and visitors to the Courthouse and Federal Building shall be required to wear masks when in any public space in the buildings and shall observe social distancing.
Western District – Civil and criminal jury trials may resume on July 1, 2020. The scheduling and conduct of all trials, hearings, conferences and/or proceedings are subject to the discretion of the presiding judge.
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 November 18, 2020, through January 15, 2021 are continued subject to further orders of the Court. Trials previously scheduled during this period shall be rescheduled by separate order of the district or magistrate judge assigned to the matter. Any trial currently in progress shall be completed at the discretion of the presiding judge. Additionally, any judge may, in his or her discretion, determine that the need to conduct a jury trial during this period outweighs the public health concerns.
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 jury trials scheduled to begin on or before December 31, 2020, are continued and shall be rescheduled by separate order of the presiding judge. No jury trial shall be scheduled to begin on or before January 2, 2021. Individual judges may continue trial-specific deadlines in civil cases at their discretion. Any presiding judge may conduct hearings in-person, or by way of video or telephone conferencing, consistent with the CARES Act.
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.
Force Majeure Law – coming soon!
Stay at Home/Closures/Reopening
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 Discovery Deadlines
All in-person civil and criminal jury trials and all in-person hearings or bench trials scheduled to commence now through February 15, 2021 are CONTINUED subject to further order of the Court.
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.
Any person entering the courthouse must wear a face mask or shield. The court will provide masks for those who do not have one. Any person refusing to wear a mask or shield will not be admitted to the courthouse.
Southern District – All civil and criminal jury trials set in the Central Division (only) of the Southern District of Iowa through October 12, 2020 are continued pending further order.
Stay at Home/Closures/Reopening
https://coronavirus.illinois.gov/s/restore-illinois-introduction
https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-38.aspx
https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-39.aspx
Is Construction Deemed “Essential”/Exempted?
Yes.
Federal Court Extension of Filing and Case Deadlines
Northern District – All jury trials scheduled to begin before January 29, 2021, are continued and will be rescheduled by the presiding judge to a date after January 29, 2021, unless the presiding judge, in their discretion, determines on a case-by-case basis that a trial should proceed as scheduled.
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 – In person jury trials are continued until at least January 25, 2021. Jury trials conducted by video teleconference may proceed upon motion and/or Order of the presiding Judge. Other than jury trials, court proceedings shall continue to proceed by telephone, by video teleconference, or in person, as ordered in a particular case.
All persons seeking entry to, or occupying the courthouse, must wear a face mask in the public areas of the courthouses; this includes courtrooms. The only persons excepted from this requirement are those who provide documentation that they are unable, for medical reasons, to wear a face covering, in which case a shield and social distancing will suffice.
In all civil cases, all deadlines, whether set by the Court, the Federal Rules of Civil Procedure, or Local Rules, remain as set as of the date of this Order. More specifically, deadlines previously extended by Administrative Orders Nos. 261,262, and 263 (and any subsequent amendments) are not extended further. The deadlines for filing a notice of appeal remain in place and must be followed to preserve appellate rights.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://rebound.idaho.gov/stage-4-stay-healthy-guidelines/
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 – Jury trials in the District of Idaho are suspended through December 31, 2020. Trials will be vacated and reset by the presiding judge in each case. All in-person hearings will be limited to 10 persons or less in the courtroom. Most hearings will be conducted virtually. The determination of which hearings will be conducted in-person and which hearings will be conducted virtually will be left to the presiding judge.
Force Majeure Law – coming soon!
Stay At Home/Closure Order/Reopening –
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 – Jury trials will not re-commence before November 16, 2020, however, certain multi-plaintiff or multi-defendant cases cannot be conducted safely. The Court intends to conduct only one jury trial at a time in any Courthouse.
Each presiding district or magistrate judge will determine whether civil matters, including non-jury civil trials, case management matters, settlement conferences, and hearings, will be taken off calendar pursuant to Local Rule 7.1, or conducted by telephone, Zoom, or in court. If a presiding judge elects to proceed with a hearing by telephone or Zoom, all hearings will be available to members of the public and the media, to the extent permitted and practicable.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
https://governor.utah.gov/wp-content/uploads/sites/40/2020/06/Phased_Health_Guidelines_V4.6.pdf
https://coronavirus.utah.gov/utahs-health-guidance-system/
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 are continued through September 1, 2020, pending further order of the Court. 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. Presiding judges retain discretion to proceed with civil hearings and bench trials as necessary and appropriate in individual cases. In-person hearings and bench trials should be scheduled only in exceptional circumstances.
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 – Jury trials have resumed. Bench trials and hearings may proceed as scheduled, in the discretion of the presiding judge. The parties are encouraged to participate by telephone or video conferencing, when available. Deadlines established in civil cases will remain in place, although the Court will consider motions to enlarge deadlines in civil cases due to disruptions caused by social distancing requirements and travel restrictions. Parties are encouraged to conduct discovery through means that avoid unnecessary travel or personal contact, including telephone or video conferencing, and to consult agree, if possible, on any necessary enlargement of civil case deadlines.
Stay at Home/Closures/Reopening
https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-123.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.
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.
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.
Orlando Division – All jury trials scheduled to commence before August 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.
Tampa Division – All persons entering a federal courthouse – including vendors, contractors, litigants, attorneys, and other members of the public – are required to wear a mask or face covering when interacting with Court staff and in the common or public areas of Court facilities. Presiding judges will determine if and when facial masks/coverings may be removed in the courtroom.
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
https://www.michigan.gov/whitmer/0,9309,7-387-90499_90640-530627–,00.html
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 jury trial are postponed to a date to be announced, but no earlier than November 2020. Criminal jury trials will resume on a date to be announced, but not before August 2020. In-court civil proceedings will commence on a date to be announced, but not before the courthouse in which the proceeding is to be held is open to the public. All oral arguments, pretrial conferences and settlement conferences will continue to be held by video conference and telephone conference until it is safe to conduct the proceedings at the courthouse. 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
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 July 31, 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 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.
All persons that seek to enter the district courthouses 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.
Force Majeure Law – coming soon!
Stay at Home Order/Closures/Reopening
https://governorreeves.ms.gov/wp-content/uploads/Executive-Order-1492-Safer-Return.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.
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://governor.wv.gov/Pages/Safer-at-Home.aspx
https://governor.wv.gov/Pages/The-Comeback.aspx
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.
Effective immediately, all visitors to the Courthouse, including counsel and litigants, must wear a face covering, shield or mask that completely conceals the wearer’s nose and mouth. The mask must be worn in all public or common areas of the Courthouse, however, the presiding judge in any courtroom may permit the removal of the mask, if necessary, to facilitate communication during courtroom proceedings. Any individual seeking entry to the Courthouse without a mask will be asked to contact by telephone the office to be visited to explore alternatives to entering the Courthouse. The US Marshalls, and court security officers are authorized to deny entry to the Courthouse to individuals who fail or refuse to wear a mask.
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
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.
Force Majeure Law – coming soon!
Stay At Home/Closures/Reopening
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.
Stay at Home/Closures/Reopening
https://gov.texas.gov/news/post/governor-abbott-announces-phase-iii-to-open-texas2
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 DISTSRICT 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.
All Divisions – All persons over the age of two who seek entry into the district courthouse at Dallas must wear a mask or other face covering that completely covers the person’s nose and mouth at all times while in any public area of the building, including all elevators, unless otherwise directed by a law enforcement officer, guard, or Court official. Any person attempting to enter the courthouse without a face covering or mask will be asked to determine whether the purpose of the visit can be accomplished without entering the Courthouse. Law enforcement officers, the U.S. Marshals Service and court security officers will enforce this Order and deny entry to persons not wearing a mask or other face covering.
Fort Worth Division – All persons over the age of two who seek entry into the district courthouse at Dallas must wear a mask or other face covering that completely covers the person’s nose and mouth at all times while in any public area of the building, including all elevators. No more than 2 people may occupy a courthouse elevator at any time. Additionally, before being granted entry to a courthouse, all persons must pass a COVID-19 screening test, which will include: 1) measuring body temperature with a no-contact thermometer; and, 2) respond to a series of questions regarding exposure to COVID-19. Participation is voluntary, however, persons refusing to wear a mask or to complete the screening will be denied entry to the courthouse.
Amarillo Division – Once seated in their designated locations for in-court proceedings, parties and counsel may remove their masks until they reenter the common areas of the Courthouse.
WESTERN DISTRICT COURT – 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.
Rhode Island – Force Majeure Law
Stay At Home/Closures/Reopening
https://www.reopeningri.com/resource_pdfs/Phase-II/060620-Highlights-Phase-II.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.
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.