BOBBY N. HARMON, CPCU, ARM

Email: bobby_n_harmon@yahoo.com

Website: www.the-catbird-seat.net

Defendant, Pro Se

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

MARY LOU WOO, TRUSTEE, ) CASE NO. CV05-00030 DAE KSC

)

Plaintiff, ) DEFENDANT BOBBY N. HARMON’S

) MOTION TO DISALLOW

v. ) ARBITRATION AWARD

)

BOBBY N. HARMON, )

) SCHEDULING CONFERENCE

Defendant ) DATE: April 11, 2005

) TIME: 9:00 A.M.

) JUDGE: Magistrate

) Kevin S. Chang

________________________________)

DEFENDANT BOBBY N. HARMON’S

MOTION TO DISALLOW ARBITRATION AWARD

DEFENDANT’S MOTION TO DISALLOW ARBITRATION AWARD

Defendant BOBBY N. HARMON hereby submits this MOTION TO DISALLOW ARBITRATION AWARD, and requests that penalties, fees and costs be awarded to the Defendant.

I. JUSTIFICATION FOR MOTION

The awards being requested by Plaintiff in this case are barred or otherwise precluded by law because:

A. Claimant has failed to comply with the Order Setting Rule 16 Scheduling Conference. This Rule 16 Order, which was filed in United States District Court, District of Hawaii, on January 13, 2005, clearly stated:

“Parties are reminded that, unless otherwise ordered by the Court, a meeting of the parties must occur at least 21 days prior to the Scheduling Conference and a report submitted to the Court. Except as otherwise provided by L.R. 26.1( c ), no formal discovery may be commenced before the meeting of the parties.

“Failure to file and/or failure to attend will result in imposition of sanctions, (including fines or dismissal), under Fed.R.Civ.P. 16(f) and L.R. 11.1.”

Claimant’s deliberate refusal to comply with this Rule 16 Order has unfairly denied Defendant’s rights to commence formal discovery, to name witnesses, and to demand a trial by jury.

B. Plaintiff has failed to notify all Real Parties in Interest in this case of the Rule 16 Scheduling Conference. The Arbitrator ruled that the Award may be enforced by any party to the Settlement Agreement (paragraph 24). The Arbitrator found and held that the parties to the Agreement are the Real Parties in Interest and include: the Kamehameha Schools; P&C Insurance Company; Marsh & McLennan Companies, Inc.; Federal Insurance Company; Pricewaterhousecoopers, LLP; John Mullen & Co., Inc.; Island Insurance Company; Nathan Aipa; Louanne Kam; Rodney Park; William S. Richardson; Gilbert Tam; and Peter Lowe. As these entities have been designated as the Real Parties in Interest, Defendant maintains that he had the legal right to call these parties as Witnesses in this case, but was denied the opportunity to do so because of Plaintiff’s failure to serve Notice of the Rule 16 Scheduling Conference to these named Parties in Interest.

C. Acts of Bad Faith and/or Fraud. Plaintiff has repeatedly refused to provide to the Defendant, the Arbitrator, and the Courts, the true and complete Facts in this case, most notably a true copy of the complete, signed Settlement and Release Agreement which was the key document involved in the disputed issues that resulted in Trustee Woo’s Demand for Arbitration. Without the production of a complete copy of this document, Defendant had no possible way to pursue, or to substantiate, his claims that certain signatures of Kamehameha Schools’ Interim Trustees may have been forgeries, or that other fraud may have been committed in the negotiation and execution of this Agreement. As the signatures of the Trustees were illegible, and as their names were not typed or printed on this document, Defendant had no way of identifying these individuals in order to call them as Witnesses, or of knowing to whom, and to where, any subpoenas for documents or depositions were to be served.

II. REQUEST FOR RELIEF

WHEREFORE, the Defendant requests as follows:

1. That the Court enter an Order and Judgment disallowing the Findings of Fact, Conclusions of Law, and Award of Arbitrator Judith Neustadter, Esq. dated October 6, 2004.

2. That the Court award monetary damages, legal fees, and costs to Defendant for his pro se defense of this case, the amounts of which are to be determined.

DATED: Las Vegas, NV, April 9, 2005.

__________________________________

BOBBY N. HARMON

Respondent, pro se

Additional E-references (Chronological):