UNITED STATES DISTRICT COURT 

 SOUTHERN DISTRICT OF FLORIDA 

 ADMINISTRATIVE ORDER 2022-80 

 CASE NO. 22-MC-22709 

IN RE: ERIKA LYNN MULLER 

 FLORIDA BAR # 56433 

__________________________________/ 

 

ORDER OF DISBARMENT

 On August 25, 2022, the Supreme Court of Florida entered an Order of Disbarment, 

disbarring Erika Lynn Muller from the practice of law. See The Florida Bar v. Muller, No. SC22-

221, 2022 WL 3650193 (Fla. Aug. 25, 2022) [ECF No. 1]. The disbarment was predicated on an 

uncontested report of the referee. 

The Clerk attempted to serve Ms. Muller by certified mail with an Order to Show Cause 

why this Court should not impose the same discipline, accompanied by the Supreme Court of 

Florida’s Order of Disbarment. (See [ECF No. 2]). Service at Ms. Muller’s Florida Bar address 

was signed for by “Duncan” as agent. In a Memorandum filed with the Court, attorney Peter D. 

Weinstein indicated that he received the Court’s Order to Show Cause addressed to Ms. Muller’s 

court record address; acknowledged Ms. Muller’s prior employment with Cole, Scott & Kissane, 

P.A.; provided an updated address for Ms. Muller; and stated that he forwarded his Memorandum 

along with the Court’s Order to Show Cause to Ms. Muller’s updated address. (See [ECF No. 3]). 

 Rule 8(a) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of 

Attorneys, Local Rules of the United States District Court for the Southern District of Florida, 

requires that “[a]n attorney admitted to practice before this Court shall, upon being subjected to 

reprimand, discipline, suspension, or disbarment by a court of any state . . . promptly inform the 

Clerk of the Court of such action.” Id. (alterations added). Rule 8(d) provides that after 

CW

Oct 4, 2022

MIA

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expiration of the time for submitting a response to an order to show cause, “the Court may impose 

the identical discipline or may impose any other sanction the Court may deem appropriate.” Id. 

Even if service is contested, Local Rule 11.1(g) imposes upon the members of this Bar an 

obligation to provide updated contact information to the Clerk within seven days of any change; 

“the failure to comply shall not constitute grounds for relief from deadlines imposed by Rule or 

by the Court.” Id. This obligation to maintain current contact information is reiterated in the 

Court’s CM/ECF Administrative Procedures Manual, section 3D; compliance with the Manual is 

mandated by Local Rule 5.1. 

Given this background, and pursuant to Rules 8(a) and (d), Local Rule 11.1(g), and the 

Court’s inherent power to regulate membership in its bar for the protection of the public interest,

see Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) (“[A] federal court has the power to control 

admission to its bar and to discipline attorneys who appear before it.” (alteration added)), 

IT IS ORDERED that Ms. Muller is disbarred from practice in this Court, effective 

immediately. Ms. Muller may not resume the practice of law before this Court until reinstated by 

order of this Court. See Rule 12(a). The Clerk of Court shall strike this attorney from the roll of 

attorneys eligible to practice in the United States District Court for the Southern District of Florida 

and shall also immediately revoke the attorney’s CM/ECF password. 

IT IS FURTHER ORDERED that Ms. Muller shall advise the Clerk of Court of all 

pending cases before this Court in which she is counsel or co-counsel of record. 

IT IS FURTHER ORDERED that the Clerk of Court shall attempt to serve by certified 

mail a copy of this Order of Disbarment upon Ms. Muller at the address provided by Mr. Weinstein. 

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DONE AND ORDERED at Miami, Florida, this 4th day of October, 2022. 

 ______________________________________ 

 CECILIA M. ALTONAGA 

 CHIEF UNITED STATES DISTRICT JUDGE 

c: All South Florida Eleventh Circuit Court of Appeals Judges 

 All Southern District of Florida District Judges, Bankruptcy Judges, and Magistrate Judges 

 United States Attorney 

 Circuit Executive 

 Federal Public Defender 

 Clerks of Court – District, Bankruptcy, and 11th Circuit 

 Florida Bar and National Lawyer Regulatory Data Bank 

 Library 

 Erika Lynn Muller 

 

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