Bobby N. Harmon, CPCU, ARM
June 27, 2005
Cathy A. Catterson
United States Court of Appeals, Ninth District
95 Seventh Street
San Francisco, CA 94103-1526
RE: Complaint of Judicial Misconduct No. 05-89053
Judges Kevin S. Chang and David A. Ezra
Civil No. 05-00030-DAE-KSC - Mary Lou Woo vs. Bobby N. Harmon;
Notice of Intent to Appeal Order Granting Plaintiff’s Motion for Summary Judgment On Plaintiff’s Application for Confirmation of Arbitration Award and for Entry of Judgment Against Bobby N. Harmon
Dear Ms. Catterson:
I have recently learned of the disturbing fact that Judge Kevin S.C. Chang was also a judge in Civil No. 01-615 SPK KSC, Hale O Kaula v. Maui Planning Commission, et al. One of the Defendants in that case was Judith Neustadter Fuqua, who was also the Arbitrator in the instant case. I consider this to be another extremely serious conflict of interest on the part of Judge Kevin S.C. Chang, and I ask that you please relay this new information to the Judicial Council.
This is also to advise the Council of an equally serious act of judicial misconduct in this case. Without any prior notice of action being considered by the Court, I received a copy of an ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S APPLICATION FOR CONFIRMATION OF ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT AGAINST BOBBY N. HARMON, filed on June 20, 2005, in the United States District Court, District of Hawaii. This Order states: “Pursuant to Local Rule 7.2(d), the Court finds this matter suitable for disposition without a hearing (emphasis added). After reviewing the motion and the supporting memoranda, the Court GRANTS Plaintiff’s Motion for Summary Judgment on Plaintiff’s Application for Confirmation of Arbitration Award and for Entry of Judgment Against Bobby N. Harmon.”
The judge signing the Order was DAVID ALAN EZRA, Chief United States District Judge, one of the judges named in my Complaint.
A couple of days later, I received a copy of the Decision by the Court dated June 22, 2005, granting Plaintiff’s Motion for Confirmation of Arbitration Award and for entry of judgment against me. The Judgment states, “This action came for consideration before the Court. The issues have been considered and a decision has been rendered.” I ask the Judicial Council to take note that this completely unexpected action was taken without my even being aware that the Plaintiff’s Motion for Summary Judgment was on a Docket or before the Court for consideration. Also, this Judgment clearly violates the Court’s own RULE 16 SCHEDULING ORDER filed on April 11, 2005, and signed by KEVIN S.C. CHANG, United States Magistrate Judge.
This letter is also to advise you that I intend to Appeal this Judgment on the basis that it violates my First Amendment Right of Free Speech, and my Seventh Amendment Right to a Trial By Jury (or, at the very least, a Hearing before a neutral, non-conflicted judge where I am permitted to subpoena documents and witnesses, and to defend myself in court.) This Appeal will also ask the Court to determine if the Judgment violates Judge Kevin Chang’s RULE 16 SCHEDULING ORDER filed on April 11, 2005.
I am enclosing one copy of the Order and the Judgment with this letter for your information. If additional copies are required at this time, please advise me how many copies are required and I will forward them to you by Priority Mail. Copies of these two documents are also posted in the Internet at the following addresses, along with a copy of Judge Chang’s Rule 16 Scheduling Order:
www.the-catbird-seat.net/CV05-00030-Summary-Judgment.pdf
www.the-catbird-seat.net/CV05-00030-Judgment-6-22-5.pdf
www.the-catbird-seat.net/CV05-00030-Rule16-Order-4-11-5.pdf
As I will be representing myself pro se in this Appeal, I am requesting at this time that this case be assigned a Court of Appeals docket number, and that you provide me with an information package for pro se Appealants. Thank you.
Sincerely yours,
Bobby N. Harmon, CPCU, ARM
enclosures
cc’s (w/o enclosures:
Mary Lou Woo, c/o Steven Guttman, Kessner Duca Umebayashi, et al.
(via fax @ 808-529-7177 and Email: sguttman@kdubm.com)
Matt A. Tsukazaki, Esq., Torkildson Katz Fonseca...
(via fax @ 808-523-6001 and Email: mat@torkildson.com)
Alberto Gonzales, U.S. Attorney General (via Email: AskDOJ@usdoj.gov)
Governor Linda Lingle, State of Hawaii, (via fax @ 808-586-0006)
Mark Bennett, Hawaii Attorney General (via Email: hawaiiag@hawaii.gov )
Hugh Jones, Deputy Attorney General (via Email: hugh.r.jones@hawaii.gov)
Dorothy Sellers, Deputy Attorney General (via Email: hawaiiag@hawaii.gov)
Margery Bronster, Esq., former Hawaii Attorney General
(via Email: info@bchlaw.net)
J.P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)
Janet Hughes, Internal Revenue Service (via fax @ 303-844-3596)
Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
Edwina Clarke, President, P&C Insurance Company, Inc.
c/o Alison Quinlivan, Marsh Management Services, Inc.
(via Email: alison.quinlivan@marsh.com)
Sidney K. Ayabe, Esq., Ayabe Chong Nishimoto Sia... (via fax @ 808-526-3491)
Susan Tius, Esq., Rush Moore LLP, Attorney for Kamehameha Schools
(via Email: Stius@rmhawaii.com)
Terry Mullen, President, John Mullen & Co. (via Email: tmullen@johnmullen.com)
Michael G. Cherkasky, CEO, Marsh & McLennan Companies, Inc.
(via fax @ 212-345-4838)
John D. Finnegan, CEO, The Chubb Corporation (via Email: info@chubb.com)
Mr. Mike Coulter, Deputy Managing Director, Aon Insurance Managers
(via fax @ 808-540-4301 and Email: mike_coulter@agl.aon.com)
Mary I. King, St. Paul Travelers Insurance Company
(via Email: miking@stpaultravelers.com)
Lissa H. Andrews, Esq., Rush Moore LLP, Attorney for Federal Insurance Co.
(via Email: landrews@rehawaii.com)
Amberle I. Masuda, Hawaii Insurance Division (via fax @ 808-585-2806)
Craig Watanabe, Hawaii Insurance Division, Captive Branch
(via fax @ 808-586-0987 and Email: captiveins@dcca.hawaii.gov)
Colbert Matsumoto, CEO, Island Insurance Co. (via fax @ 808-654-8456)
Michael N. Tanoue, Pacific Law Group (via Email: mtanoue@paclawgroup.com)
Roy F. Hughes, Esq., Hughes & Taosaka (via Email: hthughes@hawaii.rr.com)
David A. Nakashima, Esq., Alston Hunt Floyd & Ing (via Email: dan@ahfi.com)
Lyn Flanigan Anzai, Hawaii State Bar Association (via Email: lanzai@hsba.org)
American Bar Association (via Email: dispute@abanet.org)
Trustees Jervis, Lindsey, Peters, Stender, and Wong
c/o Kenneth Hipp, Esq., Marr Hipp Jones & Pepper (via fax @ 808-536-6700)
Arnold T. Phillips, Esq. (via fax @ 808-528-5006)
John Goemans, Esq. (via Email: wip@Kamuela.com)
William K. Slate II, President/CEO, American Arbitration Association
(via fax @ 212-716-5905 and Email: Websitemail@adr.org)
Judith Neustadter Fuqua, Esq. (via Email: Judy@tiki.net)
Kobi L. Gibbs, Esq., ALPS, Claims Atty for Bradley Tamm and Gregory Dunn
(via fax @ 406-728-7416)
John D. Marshall, Esq., Nagle & Marshall (via Email: lawyer@hawaiilaw.com)
C. Kenny, Public Citizen (via Email: ckenny@citizen.org)
...Others
Additional Internet References:
www.the-catbird-seat.net/CV05-00030-Woo-vs-Harmon.htm
www.the-catbird-seat.net/CV05-00030-HarmonWitnessList.htm
www.the-catbird-seat.net/CV05-00030-Exhibit-List.htm
www.the-catbird-seat.net/CV05-00030-Prelim-Docs-List.htm
www.the-catbird-seat.net/Claims-By-Harmon.htm