Bobby N. Harmon, CPCU, ARM




August 8, 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. Schermerhorn and Mr. Schuck:


This responds to Steven Guttman’s letter dated August 7, 2003, in which he states:

 

“We are in receipt of Mr. Harmon’s letter dated August 7, 2003, further objecting to the appointment of Judith Neustadter. We maintain our position that Mr. Harmon has offered nothing which a reasonable person would construe as a conflict or potential conflict of interest and, therefore, again confirm that we have no objection to the appointment of Ms. Neustadter as the arbitrator in this proceeding.


As I mentioned in my August 7th letter, I believe there is really too much information to provide at this stage, so I have attempted to limit my objections to those which I felt were adequate to disqualify Ms. Neustadter. As I do not have an attorney to advise me, however, I am uncertain as to exactly what information I could provide to Mr. Guttman before he might admit that there exists a conflict or a potential conflict of interest.


One of the reasons I have not provided more compelling evidence is because there is a Permanent Injunction issued against me which states, in part:

 

“Any and all documents, records and information (hereafter collectively referred to as ‘Confidential Documents’), and copies thereof, related to P&C and/or KS obtained by Bobby N. Harmon while employed by KS or while serving as an officer of P&C, not distributed to the general public and the subject matter discussed therein shall remain strictly privileged and confidential, and shall not be disclosed by Defendant Bobby N. Harmon to any person;...”


If Trustee Mary Lou Woo and Steven Guttman are demanding more in the way of evidence in this matter, would they be agreeable to having this Permanent Injunction temporarily lifted, at least in regard to the issues of land appraisals, land use and illegal political contributions?


In the event Mr. Guttman is unable, or unwilling, to have this Injunction temporarily lifted, then I would again suggest that Trustee Mary Lou Woo be asked if she would have any factual objections to the appointment of Daniel Bent as the Arbitrator in this case.


Sincerely,


 


Bobby N. Harmon

 

cc’s: Steven Guttman, Atty for Mary Lou Woo (via fax only @ 808-529-7177)

 

Trustees R. Kihune, J. Ing, C. Lau, D. Plotts, N. Thompson, Kamehameha Schools

(via fax only @ 808-523-6313)


P&C Insurance Company c/o Aon (via fax only @ 808-540-4301)

 

Casimer Fidele, Island Insurance Co. (via fax only @ 808-539-9738)


Matt Tsukazaki, Esq., Torkildson Katz... (via fax only @ 808-523-6001)


Hawaii Atty. Gen. Mark Bennett (via fax only @ 808-586-1239)


Dr. Randy Roth, Office of the Governor (via fax only @ 808-586-0006)


J.P. Schmidt, Hawaii Insurance Commissioner (via fax only @ 808-586-2806)


Janet S. Hughes, Mgr., IRS (via fax only @ 303-844-3596)