UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GENERAL ORDER NO. 21-12
September 4, 2021
On August 26, 2021, Governor John Bel Edwards issued Proclamation 165 JBE 2021
declaring a state of emergency as a result of then Tropical Storm Ida. On August 29, 2021,
Hurricane Ida made landfall in Louisiana as a Category 4 hurricane. The Eastern District of
Louisiana is comprised of thirteen parishes, nearly all of which suffered devastating damage
resulting from Hurricane Ida’s Category 4 winds, heavy rain, storm surge, and flooding due to
rain, overflowing rivers, lakes, bayous, and canals. Widespread and persistent outages of power,
water, sewage, cell phone, and internet services continue to plague the areas comprising the
Eastern District. Additionally, gasoline is in short supply for travel into, out of, and throughout the
district. Members of the bar have informed the Court that they are currently unable to resume
normal office operations due to road closures, damage due to high winds and flooding, and
extensive loss of power and communication services.
Considering the catastrophic damage that Hurricane Ida caused in the state, the Court finds
that the federal courthouse and the office of the Clerk of Court, were/are not meaningfully
accessible within the meaning of Federal Rule of Civil Procedure 6(a) and Federal Rule of
Appellate Procedure 26(a) for the period of time beginning on August 26, 2021 and continuing for
thirty (30) days thereafter.
With regard to criminal matters, the catastrophic damage caused by Hurricane Ida has
reduced the Court’s ability to obtain an adequate spectrum of jurors and hinders the ability of
counsel and Court staff to be safely present in the courtroom. Therefore, the Court also finds that
the ends of justice are served, and the interests of the public and of any criminal defendant affected
are outweighed, by a temporary exclusion of all criminal trials from the time requirements of the
Speedy Trial Act, 18 U.S.C. § 3161, beginning on August 26, 2021 and continuing for thirty (30)
days thereafter. For these same reasons, grand juries are unable to convene in the district.
Accordingly, all grand jury proceedings in this district are suspended beginning on August 26,
2021 and continuing for thirty (30) days thereafter, subject to change upon motion from the
government and further orders of the Court.
Accordingly,
1. All deadlines and delays, including prescriptive and peremptive periods, in cases
pending or to be filed in this Court are hereby suspended for thirty (30) days
commencing from August 26, 2021.
2. For the reasons given above and below, all criminal trials are excluded from the time
requirements of the Speedy Trial Act, 18 U.S.C. § 3161, beginning on August 26, 2021
and continuing for thirty (30) days thereafter.
3. For the reasons given above and below, all grand jury proceedings in this district are
suspended beginning on August 26, 2021 and continuing for thirty (30) days thereafter,
subject to change upon motion from the government and further orders of the Court.
4. With regard to criminal matters, due to the Court’s reduced ability to obtain an adequate
spectrum of jurors and the effect of Hurricane Ida on the ability of counsel and Court
staff to be safely present in the courtroom, the time period of the postponements
implemented by this general order will be excluded under the Speedy Trial Act, as the
Court specifically finds that the ends of justice served by ordering the postponements
outweigh the best interest of the public and any defendant’s right to a speedy trial,
pursuant to 18 U.S.C. § 3161(h)(7)(A).
IT IS ORDERED.
New Orleans, Louisiana, this _______
4th day of September, 2021.
NANNETTE JOLIVETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
