A day late and . . . .
We have all heard the saying. It
would not be one of my blogs without a rock and roll or movie reference, so
perhaps Pat Benatar said it better still back in 1982 in Little too Late:
It's a little too little, it's a little too late
I'm a little too hurt and there's nothin' left that I've gotta say
You can cry to me baby but there's only so much I can take
Oh, it's a little too little it's a little too late
Well, this post is a day late. I
publish on Sunday, Tuesday and Thursday each week. It is not safe to set your
calendar based on my postings, but I am fairly consistent. But not yesterday.
In fact, it did not occur to me that yesterday was Thursday until I awoke today
and realized with it being Friday there are only two more work days this week.
Then we can start again.
On Sunday, September
10, 2017 and Monday, September 11, Irma made landfall in Florida. The Governor
had closed all of our OJCC offices for Friday, September 8 and Monday,
September 11. I spent the weekend anxiously watching the storm, worrying about
our people and property in its path, posting, Tweeting, and hoping for the
best.
The weather channel
did not help this, providing their real-time evidence of storm intensity and
varying predictions. Certainly, they are doing their job and doing it well. But
somehow, I need to figure out how to turn that off once in a while and let my
blood pressure stabilize.
Throughout the weekend and
Monday, the electricity remained on in Pensacola, Panama City, Tallahassee, and
Miami. Yes, Miami. I was encouraged to find Miami with electricity on Monday.
We are fortunate that our offices are located in solid buildings, but I
harbored grave concerns about the southernmost offices and the path of
Irma.
Yesterday, September 21, 2017 I
lost track of posting a blog because I thought it would be a big day for the
OJCC. I thought that almost two weeks after closing for Irma, the last two
closed offices would reopen. And in the immortal words of comedian Ron White,
"I was wrong." Ft. Lauderdale and Miami remained closed Thursday,
September 22, 2017.
I have heard from many of you,
and the inquiries just keep coming. I hear you, your concern about your
clients, the uncertainty about due process, the what ifs of filing deadlines,
discovery, and more. I hear you. And, we are adjusting. But, I want you to know
what we have been working on, and the progress that we have made.
I was testing for power on
September 11, 2017 and September 12. Much of that was by contacting our offices
by telephone and videoteleconference. If the phones answered, the phone system
was on, and I was exuberant. I was very pleased to find power on those days in
Gainesville, Lakeland, Miami, Orlando, Panama City, Pensacola, Port St. Lucie,
Saratsota, St. Petersburg, Tallahassee, and Tampa. That is 11 of 17 offices
with power the day after landfall. Encouraging news indeed! But news of surge
and widespread flooding in the city of Jacksonville dampened the spirits some
that day.
The offices without power as of
Tuesday, September 12 were Daytona, Ft. Lauderdale, Ft. Myers, Jacksonville,
Melbourne, and West Palm Beach. Six of seventeen offices that would remain
closed. Frankly, after the news and weather reports through the weekend, I
thought we were pretty lucky. Irma was a big storm, a powerful storm, and its
effects would be expected to be widespread. We got a physical inspection report
on Tuesday; Jacksonville had broken windows and a tree down. No flood damage,
office essentially intact. Spirits rose again. This was great news.
On Wednesday, September 13, 2017
the process resumed. Calls to each district, hopes for the phone to be
answered. Ft. Lauderdale answered! Two days post landfall, power was restored
in Ft. Lauderdale! My excitement that two South Florida facilities, Miami and Ft.
Lauderdale were powered and ready was so reassuring. I was receiving reports of
physical inspection around the state. No serious damage reports. The news
seemed too good to be true (keep reading, as Ron White would say "I was
wrong").
On Thursday, September 14, 2017,
Daytona answered. Ft. Lauderdale reported in, everything was inspected and
ready to open the office; streets were passable, but still many traffic signals
out. Commutes would be slow, but we could reopen Ft. Lauderdale Friday. On
Thursday, we got a physical report from Ft. Myers (close to Irma's landfall)
and there was no physical damage. No electricity yet, but no physical damage.
Another uplifting report.
On Friday, September 15, 2017,
Ft. Lauderdale's attempt to reopen suffered a setback. While some lights
remained operable, the electricity was not sufficient to power the air
conditioning or the computers. We would have to close. The power company had
been contacted. Full power was expected to be restored by midnight Friday. We
would have to postpone opening Ft. Lauderdale until Monday, September 18, que
sera sera. By the end of that first week, all offices were reopen except Ft.
Lauderdale, Ft. Myers, Jacksonville, and Miami. Thirteen of seventeen offices
back online!
Miami!?!? But, Miami District
never lost power. Why was Miami still closed four days post-Irma? The landlord
was asking us questions about our operations in Miami. We were told damage was
being assessed, but the building remained "closed." News was coming "soon."
We had high hopes for Monday, September 18, 2017. Late Friday, we learned that
the air conditioning in Miami had suffered a catastrophic failure. The landlord
had procured a portable chiller, from Jacksonville, and this tractor
trailer-mounted rig was in route from Jacksonville. They would hook it up over
the weekend and we would hear from them the next week. Not the best news, but
promising.
On Saturday, Ft. Lauderdale
reported no electricity, but the power company had promised full restoration by
Sunday at midnight. All weekend we hoped and the test calls continued to those
offices without electricity.
Monday, September 18, 2017
Jacksonville reopened. After the news of flooding in that city, and the fears
and anxiety, re-opening Jacksonville was a great relief. There remained a tree
to be disposed of, and glass to replace, but a relief nonetheless. Monday
brought news that Ft. Lauderdale still had no electricity. But the good news
was that it would be restored by midnight Monday. The staff was sent home.
Miami reported that the chiller was being worked on and we would know soon. Ft.
Myers still lacked electricity.
Tuesday, September 19, 2017 came.
Ft. Myers was re-opened! Ft. Myers, our closest office to Irma landfall!
Fifteen of Seventeen offices re-opened and serving the public again, seven days
post Irma landfall. But, Ft. Lauderdale again reported no electricity. The good
news though was that it would be fully restored by midnight Tuesday and we
could reopen Wednesday! With the promises and prognostications, we would very
soon be 17 for 17! We installed multiple portable air coolers in Miami. They
would cool part of the office to allow us to get some operations back. We started
mediating Miami cases telephonically with Mediator Miller and help from other
districts.
Wednesday brought disappointment.
Would you believe that the promises of Ft. Lauderdale power restoration did not
come to pass Wednesday? But, the good news was that all power would definitely
be restored by midnight Wednesday, and they "appreciated our
patience" in this difficult time. At this point, we were in the Broward
elite, the 1%! The news
reported that 99% of power customers in Broward were fully restored as
of Wednesday. But not us.
So, on my regular posting day,
Thursday, September 21, 2017, I was eager to get on the phones and forgot to
post. I knew Ft. Lauderdale would be up. We had been promised. And, what are
the odds we could be in the 1%? Being the very last last (or very first) is
about the same odds as being hit by lightening or winning the lottery, right?
But, the morning brought news that power was not back in Ft. Lauderdale. The
good news though? It would "definitely be fully restored" by midnight
Thursday.
Thursday also brought the realization that those small chillers we had deployed in Miami were not bringing the temperature down. For one thing, they had tiny little water collecting pans. The air is humid, and once they run a couple of hours, that pan is full and the machines turn themselves off to prevent making a mess. Unless someone attends to them 24/7, they will never run long enough to make a difference.
So Thursday brought no
blog post. As a result, today you get this update. In a few hours, I will get
my daily Ft. Lauderdale call. It may be exuberant: "power is on," and
it may be a promise that power will be fully restored by midnight Friday (the
power will come on, tomorrow, tomorrow, . . .). I know that the power companies
are in a difficult time. They have lots of customers and they all want and need
electricity. When it is your turn, it is your turn. Until it is your turn, you
wait, listen to promises, and you hope. You would like to plan, keep people
informed, and recover. But, instead you wait.
Thursday brought a
conference call with the Miami landlord. The portable chiller is in place,
ready. But, the building was not designed for such an external device, and so
modifications are underway. They are working 18 hour days, redesigning, reworking,
and repairing. The machine that we understood would be there last Saturday, and
cooling the next week is now there and we understand should be "cooling
next week." But, there remain unknowns. How much will it cool?
By that, I mean will it cool the
whole building? We are on the 9th floor, and I am assured by my engineer
friends that heat in fact rises. Will the portable chill the whole building or
the lower floors (driving more heat to the OJCC office)? Will the portable
chill the whole building to a comfortable temperature, or a uniform and
unworkable malaise, an improvement but not a solution? We will tune in Monday
to let you know.
One caller this week suggested
that this announcement needs to be more obvious (red text suggested). We will
work on that. We have posted continuously on the announcement blog, updating the Hurricane
Irma Resources daily, sometimes hourly. As we get the information, you
get the information. As we are promised "tomorrow," we promise you
tomorrow. As we are disappointed and dismayed, unfortunately so are you.
And, though we are doing our best
with what we are given, you have my heartfelt apologies. It is not easy to live
through the stress of a storm, I get that. You want to recover, and you want
information, I get that. I am sorry that our information has been less than
complete as we have relied upon the best data we can glean from those who are
actually either "in the know" or who control the situations.
What is next? We intend to
restore service in Miami and Broward. To do so, we are shifting all mediations
in those counties to telephonic. New notices will continue to flow today and in
coming days to alert you to your mediation and time. At least for the rest of
September, there will be no live mediations in Miami and Ft. Lauderdale.
Parties and attorneys are expected to be telephonic for these mediations. We
get that, it is intended that everyone will be called and no one will be
present. If you are in the town the newly assigned mediator is in, and want to come
to our mediator's office to attend, you are welcome. But, there is no
requirement that you do so.
Out-of-district judges are
reviewing MIA and FTL stipulations, settlements and motions that are titled
"emergency." we are striving to get you orders and responses. I can
be reached at david.langham@doah.state.fl.us. That is 24/7/365. If you are in
an urgency or emergency, email me (copy opposing parties and/or counsel), and
let me know how we can help.
We will continue to push, to
question, and to update. Check the blog, follow us on Twitter
(@FLJCC). If you know any line repair specialists in the Broward area, our
address is
4500 North State Road 7
Building I, Suite 200
Lauderdale Lakes, FL 33319
We would surely be
ecstatic to have power restored, so that we can get on with doing your
business. But, we understand that there are a fair few of us in that 1% in
Broward County and each of us is as eager for power restoration as the
next.
I close by reiterating how proud
I am to be privileged to work with the consummate professionals of this office.
They were visiting offices post-Irma, assessing, evaluating, communicating with
me and their staff teams. We have had a great focus on returning to full
function. We have had judges and staff around the state jump to volunteer to
provide assistance and support. And, this will all bring fruit. Maybe it won't
be today, but we are working on it and it will soon. If our information has been too little, too late, too hard to find, I apologize. We will try harder.
Thank you for your patience and
support. We understand this has been difficult on you, your clients, your
attorneys, your service providers. We get it. Now let's keep on getting back
up, helping others back up, and getting people's lives back on track.
Sorry again that I missed
Thursday's post. Stay tuned.
Updated Saturday, September 23, 2017 04:30: All OJCC offices will repopen Monday September 25, 2017. The power was restored to Ft. Lauderdale at noon Friday and a walk through confirmed no damage. The Chiller in MIA brought the building temperature within workable temperatures Friday morning and sustained it all day. Two weeks after closing in preparation for Irma, we return to service in all offices.
Updated Saturday, September 23, 2017 04:30: All OJCC offices will repopen Monday September 25, 2017. The power was restored to Ft. Lauderdale at noon Friday and a walk through confirmed no damage. The Chiller in MIA brought the building temperature within workable temperatures Friday morning and sustained it all day. Two weeks after closing in preparation for Irma, we return to service in all offices.