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MIAMI — U.S. District Judge Alan Gold in Miami has recused himself from a Freedom of Information case brought by the children of deceased magistrate judge Ted Klein against the General Services Administration. Gold’s judicial assistant confirmed Monday that Gold has recused himself from the controversial case. Many are speculating that the entire Southern District of Florida bench will wind up recusing themselves and a judge in another district will hear the case. On Dec. 28, the children of deceased Magistrate Judge Ted Klein 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 David Dyer Federal Courthouse. The complaint asks U.S. District Judge Alan Gold to declare the GSA — an arm of the federal government — in violation of FOIA and order the agency to provide requested records to the plaintiffs. It was filed Dec. 28 by Miami attorney Alan Goldfarb on behalf of Andrew and Jennifer Klein. The GSA, which has 30 days to respond to the complaint, has not yet filed anything with the court. Popular federal magistrate 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.

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