Bobby N. Harmon, CPCU, ARM
Louisville, Kentucky 40229-1655
August 18, 2003
VIA fax only @ (559) 490-1919
Ms. Julie A. Schermerhorn, Supervisor, and
Mr. Justin W. Schuck, Case Manager
American Arbitration Association
6795 North Palm Avenue, 2nd Floor
Fresno, California 93704
RE: Mary Lou Woo, Trustee v. Bobby N. Harmon
Case No. 74 166 00491 03 JUSC
Dear Ms. Shermerhorn and Mr. Schuck:
This responds to your letter of August 14, 2003, in which you state:
“This will acknowledge receipt of letters dated August 8, and 9, 2003 from Respondent, copies of which we note were sent to Claimant.
“After careful consideration of the parties’ contentions, the Association has determined that Judith Neustadter, Esq. will be reaffirmed as arbitrator in this matter pursuant to the Rules.
“Futhermore, Respondent’s letter dated August 8, 2003, requests that the Arbitrator provide additional information with regard to her employment cases that she has previously handled.
“This will further confirm a telephone conversation on August 14, 2003, wherein, Claimant informed the Association that Claimant has no objection to Respondents request. Accordingly, the Association has requested that the Arbitrator provide additional information.”
In my letter dated August 8, 2003, I stated that I was obliged to contest your decision to reaffirm Judith Neustadter for six basic reasons. Although you have addressed the questions numbered (3) and (4), your letter of August 14th does not respond to the remaining four issues, which were stated as follows:
1) “According to the AAA’s published National Rules for the Resolution of Employment Disputes, “The AAA’s policy on employment ADR is guided by the state of existing law, as well as its obligation to act in an impartial manner.” It appears, in this case, that the appointment of Ms. Neustadter was entirely for the benefit of the Complainant, Trustee Mary Lou Woo, with no regard for the interests or concerns of the Plaintiff [should have read Respondent - BH].
2) According to the AAA’s Arbitration Disclosure Form, “It is most important that the parties have complete confidence in the arbitrator’s impartiality. Therefore, please disclose any past or present relationship with the parties or their counsel, direct or indirect, whether financial, professional, social or of any other kind. If any relationships arise during the course of the arbitration or if there is any change at any time in the biographical information that you have provided to the AAA, it must also be disclosed. Any doubt should be resolved in favor of disclosure.” I must state the obvious in this case: I do not have complete confidence in Ms. Neustadter’s impartiality for the reasons stated in my previous letters, plus reasons I have not yet disclosed.
5) Would you please respond to my previous letters dated August 5, 7 and 8, 2003, and provide the rationale for your decision to discount or disregard each specific argument I presented in these letters.
6) Is there a formal protocol for contesting your decision? If there is a prescribed form, would you please send me a copy. To whom am I to direct this correspondence?”
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Notwithstanding the fact that I have not yet received an answer to these questions, in the event that a material conflict-of-interest should arise, or an existing conflict be uncovered, during the Arbitration process, I would like to request that pre-arrangements be made now for the selection of an alternate Arbitrator in the event Judith Neustadter, for whatever reason, is unable to complete her assignment. As I previously have indicated a choice of Daniel Bent to be the Arbitrator in this case, I also would like to request at this time that he be contacted to see if he would be available to act as an alternate Arbitrator in this case.
Thank you for your consideration of these requests.
Sincerely,
Bobby N. Harmon
cc: Mary Lou Woo, Trustee, c/o Steven Guttman (via fax @ 808-529-7177)
Terry Mullen, CEO/President, John Mullen & Co. (via fax @ 808-531-0053)
Casimer Fidele, Island Insurance Co. (via fax @ 808-539-9738)
Attorney General Mark Bennett (via fax @ 808-586-1239)
Dr. Randy Roth, Office of the Governor (via fax @ 808-586-0006)
J.P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)
Janet S. Hughes, Mgr. IRS (via fax @ 303-844-3596)
Ralph F. Boyd, Jr., et al., U.S. Dept. of Justice (via fax @ 202-514-1116)
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