Perhaps, according to Julie Kay.
You gotta love Judge Pete Palermo:
But Miami Magistrate Judge Peter Palermo — who worked in the Dyer Building for 37 years before moving to the King building this month — said he would "raise hell" over any proposal to sell the Dyer Building. "It's historical," he said, calling the grand ceremonial courtroom "one of the most beautiful courtrooms in the country. When lawyers come to town they all want to tour it. I would fight like hell."
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Showing posts with label Dyer building. Show all posts
Showing posts with label Dyer building. Show all posts
Wednesday, October 22, 2008
Wednesday, April 23, 2008
Mold findings....
Some more coverage of the Dyer mold problem here and here and here.
From the AP:
Miami's historic downtown federal courthouse suffers from extensive contamination of dangerous types of mold and should have some sections closed for cleaning, according to a new environmental study released Tuesday.
But the analysis by a private firm - hired by the attorney for the family of a judge who died in 2006 of a lung ailment - stops short of recommending that the 75-year-old building be shuttered completely.
The now-sealed courtroom formerly used by the U.S. Magistrate Judge Theodore Klein before his death contained "very heavy growth" of hazardous mold and there are concerns that spores have spread throughout the building through air conditioning systems, said attorney Alan Goldfarb.
From the AP:
Miami's historic downtown federal courthouse suffers from extensive contamination of dangerous types of mold and should have some sections closed for cleaning, according to a new environmental study released Tuesday.
But the analysis by a private firm - hired by the attorney for the family of a judge who died in 2006 of a lung ailment - stops short of recommending that the 75-year-old building be shuttered completely.
The now-sealed courtroom formerly used by the U.S. Magistrate Judge Theodore Klein before his death contained "very heavy growth" of hazardous mold and there are concerns that spores have spread throughout the building through air conditioning systems, said attorney Alan Goldfarb.
Wednesday, February 27, 2008
Stay out of "disgusting" basement
The mold issue in the David Dyer building continues to find its way onto this blog. Now this:
Chief Judge Moreno has closed the basement and other parts of the Dyer building. According to this AP report:
A federal judge has closed portions of Miami's historic downtown courthouse after a report identified widespread mold infestation and ongoing water leaks, with one part of the basement termed "disgusting" by inspectors.
U.S. District Judge Federico Moreno, the chief judge in Florida's Southern District, said in a memo that parts of the basement that house court records and a stairwell used by judges were being closed until further notice.
"The new steps we are taking may in fact be premature without further microbial testing, but nonetheless we intend to err on the side of caution," Moreno said in the memo dated Friday and obtained Tuesday by The Associated Press.
Moreno took action after receiving last week a new U.S. Public Health Service study, which found mold throughout the 166,000-square-foot building that opened in 1933. Known officially as the David W. Dyer building, the courthouse is one of several in Miami's downtown federal judicial complex.
U.S. District Judge Federico Moreno, the chief judge in Florida's Southern District, said in a memo that parts of the basement that house court records and a stairwell used by judges were being closed until further notice.
"The new steps we are taking may in fact be premature without further microbial testing, but nonetheless we intend to err on the side of caution," Moreno said in the memo dated Friday and obtained Tuesday by The Associated Press.
Moreno took action after receiving last week a new U.S. Public Health Service study, which found mold throughout the 166,000-square-foot building that opened in 1933. Known officially as the David W. Dyer building, the courthouse is one of several in Miami's downtown federal judicial complex.
What about the new building? (our prior coverage on the "new" building here)
Across the street, a new 14-story courthouse sits unused, more than $60 million over budget and three years behind schedule. Electrical problems, hurricane damage and contractor disputes are blamed for the delay, which shows no sign of ending.
The report also found:
• A basement sump pump room ''is disgusting,'' has no ventilation and ``is infested with pests.''
• A basement sump pump room ''is disgusting,'' has no ventilation and ``is infested with pests.''
Pests?!
What else?
• A leaking toilet above basement space used as a gym by the U.S. Marshals Service has caused suspected mold growth on walls and elsewhere.
• Tests revealed a ''significant fungal presence'' in the basement records room, where previously recommended remedial work was never done. Court personnel have had to wear protective gear while in the room, including coveralls, gloves and a respirator. Water damage is present in an area where classified documents are kept.
• A stairwell leading to the magistrate judges' courtrooms has visible mold on the walls.
The Public Health Service report made 12 recommendations for fixing the mold problem, including repairing numerous water leaks, cleaning air ducts and furniture, replacing damaged ceiling tiles and carpets and throwing out unnecessary contaminated files.
• Tests revealed a ''significant fungal presence'' in the basement records room, where previously recommended remedial work was never done. Court personnel have had to wear protective gear while in the room, including coveralls, gloves and a respirator. Water damage is present in an area where classified documents are kept.
• A stairwell leading to the magistrate judges' courtrooms has visible mold on the walls.
The Public Health Service report made 12 recommendations for fixing the mold problem, including repairing numerous water leaks, cleaning air ducts and furniture, replacing damaged ceiling tiles and carpets and throwing out unnecessary contaminated files.
Tuesday, February 05, 2008
Inspectors at Dyer building today
The David W. Dyer building will be inspected today by lawyers and experts for Ted Klein's family.
I have been informed that, contrary to recent news articles, the Judge did *not* order the cleanup to stop. Instead, he simply permitted the plaintiff's team in the building before the 6 month period for filing a federal tort claim act lawsuit ran.
I have been informed that, contrary to recent news articles, the Judge did *not* order the cleanup to stop. Instead, he simply permitted the plaintiff's team in the building before the 6 month period for filing a federal tort claim act lawsuit ran.
Friday, February 01, 2008
Don't clean that mold!
That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:
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.
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.
Monday, October 15, 2007
Mold and explosions
I feel bad for Chief Judge Moreno...
He has inherited two big problems -- he has to deal with mold in the old Dyer Building and a recent explosion in the new Ferguson Building. The over on the January 1, 2008 opening is looking pretty good right now.
Julie Kay details in the DBR today (yes, I thought she had left too) that Ervin Gonzalez is investigating the mold issue in the Dyer Building that we covered previously here. And she goes through some of the issues with the new building, including a recent explosion that has disabled the electrical system. (It was supposed to open in July 2005 and is $78 million over budget!) The good news is that a certificate of occupancy has been issued for the building.
He has inherited two big problems -- he has to deal with mold in the old Dyer Building and a recent explosion in the new Ferguson Building. The over on the January 1, 2008 opening is looking pretty good right now.
Julie Kay details in the DBR today (yes, I thought she had left too) that Ervin Gonzalez is investigating the mold issue in the Dyer Building that we covered previously here. And she goes through some of the issues with the new building, including a recent explosion that has disabled the electrical system. (It was supposed to open in July 2005 and is $78 million over budget!) The good news is that a certificate of occupancy has been issued for the building.
Wednesday, September 12, 2007
Sick (court)house
Julie Kay reports today on the serious mold problem at the David Dyer Building. The whole article is worth reading.
The intro:
Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.
The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.
Employees believe that Judge Klein became sick and died because of the problem:
A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.
Chief Judge Moreno has taken steps to make sure employees are safe:
In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.
“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.
Read the whole memo from the Chief here.
The employees are understandably scared:
Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.
Yikes.
Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.
But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.
The intro:
Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.
The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.
Employees believe that Judge Klein became sick and died because of the problem:
A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.
Chief Judge Moreno has taken steps to make sure employees are safe:
In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.
“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.
Read the whole memo from the Chief here.
The employees are understandably scared:
Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.
Yikes.
Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.
But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.
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