Judge's kin sue for answers on courthouse mold

[Guest guest]

FYI, this is a case to watch. A Florida judge died from what sounds to be a

fungal infection in his lungs. The courthouse where he worked had a major

mold problem. When judges lose their lives to mold, the courts are bound to

start taking " judicial notice " . From what I have read, this man was very well

respected. Prior to becoming a judge, Ted Klein was a defense attorney.

Sharon

_http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1199354724821_

(http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1199354724821)

Judge's kin sue for answers on courthouse mold

Kay / Staff reporter

January 4, 2008

FORT LAUDERDALE — The children of deceased Magistrate Judge Ted Klein have

filed a complaint in Miami federal court accusing the General Services

Administration of failing to comply with a Freedom of Information Act request

seeking information about the Dyer Federal Courthouse.

The complaint asks U.S. District Judge Alan Gold to declare GSA — an arm of

the federal government — in violation of FOIA and order the agency to provide

requested records to the plaintiffs.

The complaint was filed Dec. 28 by Miami attorney Alan Goldfarb on behalf of

and Klein.

Popular federal magistate judge Ted Klein — who worked in the Dyer building

for many years — died in 2006 suddenly of a mysterious pulmonary illness.

Klein's children hired Goldfarb after reading an article in the Daily Business

Review, an affiliate of The National Law Journal, about a report citing large

amounts of mold and unsafe conditions in parts of the Dyer building.

The article also cited a memo sent by U.S. District Judge Federico Moreno in

which he advises all employees of the building to bring the report to their

doctors and orders anyone entering the building's basement — where the most

mold was found — to wear protective gear, gloves and masks.

Several employees of the building, which houses Miami's magistrate court,

have reported nosebleeds, double pneumonia and other illnesses, and at least

two have been given permission to work at home.

Goldfarb, who was retained by Klein's children several months ago, filed the

complaint after receiving " deficient " responses from GSA to several FOIA

requests for information related to mold conditions at the Dyer Building.

His first request was made on Oct. 26, 2007. GSA finally provided some

limited documents Dec. 27, according to the complaint.

Of the 42 items requested by Goldfarb, GSA supplied parts of 13. For the

remaining items, GSA stated it " did not find records pertaining to your

request. "

" Plaintiffs have information and belief that there are multiple studies,

tests, complaints, electronic mail correspondence, letters, memoranda and other

documentary evidence regarding mold infestation and/or mold inspection in the

Federal Courthouse, " states the complaint. " However, none of these documents

were included in the response from GSA. By its actions, GSA has made a

constructive denial of Plaintiff's request by failing to do a full search, by

failing to provide requested records, and by withholding documents. "

M. Mote, a public affairs officer with the GSA, declined comment on the

litigation.

_http://sdfla.blogspot.com/2006/09/theodore-klein.html_

(http://sdfla.blogspot.com/2006/09/theodore-klein.html)

**************Start the year off right. Easy ways to stay in shape.

http://body.aol.com/fitness/winter-exercise?NCID=aolcmp00300000002489

[Guest guest]

We need to push for national laws against mold in buildings that are

rented, sold, or used for businesses.

This is really important. And we also need to put together a mechanism

for people to get help to remove mold to put buildings into

compliance. Its going to cost billions of dollars.

Rebuilding America is more important than rebuilding Iraq.

[Guest guest]

Do you really think this would go to court?

K

snk1955@... wrote: FYI, this is a case to

watch. A Florida judge died from what sounds to be a

fungal infection in his lungs. The courthouse where he worked had a major

mold problem. When judges lose their lives to mold, the courts are bound to

start taking " judicial notice " . From what I have read, this man was very well

respected. Prior to becoming a judge, Ted Klein was a defense attorney.

Sharon

_http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1199354724821_

(http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1199354724821)

Judge's kin sue for answers on courthouse mold

Kay / Staff reporter

January 4, 2008

FORT LAUDERDALE — The children of deceased Magistrate Judge Ted Klein have

filed a complaint in Miami federal court accusing the General Services

Administration of failing to comply with a Freedom of Information Act request

seeking information about the Dyer Federal Courthouse.

The complaint asks U.S. District Judge Alan Gold to declare GSA — an arm of

the federal government — in violation of FOIA and order the agency to

provide

requested records to the plaintiffs.

The complaint was filed Dec. 28 by Miami attorney Alan Goldfarb on behalf of

and Klein.

Popular federal magistate judge Ted Klein — who worked in the Dyer building

for many years — died in 2006 suddenly of a mysterious pulmonary illness.

Klein's children hired Goldfarb after reading an article in the Daily Business

Review, an affiliate of The National Law Journal, about a report citing large

amounts of mold and unsafe conditions in parts of the Dyer building.

The article also cited a memo sent by U.S. District Judge Federico Moreno in

which he advises all employees of the building to bring the report to their

doctors and orders anyone entering the building's basement — where the most

mold was found — to wear protective gear, gloves and masks.

Several employees of the building, which houses Miami's magistrate court,

have reported nosebleeds, double pneumonia and other illnesses, and at least

two have been given permission to work at home.

Goldfarb, who was retained by Klein's children several months ago, filed the

complaint after receiving " deficient " responses from GSA to several FOIA

requests for information related to mold conditions at the Dyer Building.

His first request was made on Oct. 26, 2007. GSA finally provided some

limited documents Dec. 27, according to the complaint.

Of the 42 items requested by Goldfarb, GSA supplied parts of 13. For the

remaining items, GSA stated it " did not find records pertaining to your

request. "

" Plaintiffs have information and belief that there are multiple studies,

tests, complaints, electronic mail correspondence, letters, memoranda and

other

documentary evidence regarding mold infestation and/or mold inspection in the

Federal Courthouse, " states the complaint. " However, none of these documents

were included in the response from GSA. By its actions, GSA has made a

constructive denial of Plaintiff's request by failing to do a full search, by

failing to provide requested records, and by withholding documents. "

M. Mote, a public affairs officer with the GSA, declined comment on the

litigation.

_http://sdfla.blogspot.com/2006/09/theodore-klein.html_

(http://sdfla.blogspot.com/2006/09/theodore-klein.html)

**************Start the year off right. Easy ways to stay in shape.

http://body.aol.com/fitness/winter-exercise?NCID=aolcmp00300000002489