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MIAMI � 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. Reports obtained by the Daily Business Review, a sibling publication of the NLJ, show that parts of the building are infested with mold. After employees complained they were getting sick, Chief Judge Federico Moreno issued a memo ordering anyone going into the basement to wear protective gear and gloves and urged all employees to take copies of the report to their physicians. At least two employees have received permission to work at home. General Services Administration has begun remediating and cleaning portions of the building. In their emergency motion, the plaintiffs sought to prevent this cleanup.

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