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Moldy Federal Courthouse Update

Intrepid reporter Julie Kay continues to break news on the allegedly moldy old federal courthouse:

A federal judge issued an emergency ex-parte restraining order barring the federal government from cleaning up mold from the David W. Dyer Federal Courthouse in Miami and allowing an inspection of the building to take place immediately.

According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story ? sitting in the Miami case ? issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building.

"There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order.

Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.

So the cleanup has been stopped, per court order, yet the building continues to be occupied?

Once again, I ask: What is the point in airing this out in public? Why aren't the feds stepping up to resolve this quietly and privately? If there is a need for further investigation before a settlement can be reached, why not agree on a procedure and do this by agreement? Undoubtedly additional plaintiffs are waiting.....

Full post as published by South Florida Lawyers on February 01, 2008 (boomark / email).