OUST v. Harmon

Bobby N. Harmon, CPCU, ARM

October 4, 2006

VIA fax and e-mail: sguttman@kdubm.com

Curtis Ching, Gayle Lau and James Nicholson
Office of the United States Trustee

c/o Steven Guttman, Esq. Kessner Duca Umebayashi, et al.

220 S. King Street, Floor 10

Honolulu, HI 96813

Re: CV05-00030 - Office of The U. S. Trustee vs. Harmon

Gentlemen:

This replies to Steven Guttman’s letters dated September 11 and September 25, 2006, which were in response to my letter dated September 2, 2006, addressed to Theresa Lam of the U.S. District Court for the District of Hawaii, transmitting the pleading entitled Confirmation of Removal of “Offensive Materials” from Any Web-Site Owned, Managed or Operated by Defendant.

In Mr. Guttman’s letter of September 11, he states: “We appreciate the actions you have taken thus far to comply with the Order Granting Motion for Entry of Judgment on the Arbitration Award dated August 16, 2006, and the Final Judgment entered on August 22, 2006. However, based on your Confirmation pleading, we are unable to determine what specific items were deleted from your web-site. Therefore, we are requesting that you provide us with an itemized list of the deletions and/or modification that you have made to the web-site in compliance with the Order and Final Judgment.”

In Mr. Guttman’s letter of September 25, he states:

“By letter dated September 11, 2006, we requested that you provide us with an itemized list of the deletions and/or modifications that you have made to www.the-catbird-seat.net web-site in compliance with the Order and Final Judgment issued by the U.S. District Court. As of this date, we have not received any response from you to our request.

“As an alternative to providing us with the requested information concerning the website amendments you have made due to the Court Order, we ask that you provide us with the website password so we can access the site for the explicit purpose of verifying that you have made changes to the website and if so, what changes were made as to your representation of compliance with the Court’s Order.”

My delay in responding to your letters is due to the fact that I was traveling at the time and did not receive your letters until a couple of days ago. In answer to your original request for an itemized list of the deletions and/or modifications that I have made, I’m afraid that this would be a very difficult task for me to accomplish for several reasons, the first of which is the shear volume of materials and the fact that, because this is a periodical publication, additions, deletions and revisions are being made daily. I do not maintain records of what specific revisions are made - only the date that the page was revised.

With regard to your suggested alternative of providing you with the website password, the problem that I have with this is the fact that I consider these documents Privileged and Confidential, as they are pertinent to not only the subject case, but also to my related claims against various parties – including former Trustee Mary Lou Woo, Steven Guttman and his law firm, and the Office of the United States Trustee. Also, although I am acting without the advice of an attorney, I believe that I may have the right to refuse your request under the Fifth Amendment to the United States Constitution.

What I would propose as an alternative solution, however, is that you have your Professional Liability Insurance carrier(s) contact me as soon as possible in response to my latest Notice of Claim letter dated August 28, 2006 . I will then provide a website password to any carrier-authorized individuals in order that we can attempt to reach a global settlement on ALL CLAIMS involving the Office of the United States Trustee - including CV05-00030 and a possible anti-SLAPP lawsuit.

Your prompt response to this proposal is requested.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

cc: Steven Jay Katzman, Office of the U.S. Trustee (via fax: 619-557-5339)

Susan Dorsey, Interim Director, ACLU of Hawaii, www.acluhawaii.org
(via fax: 808-522-5909 and office@acluhawaii.org)

American Civil Liberties Union of Kentucky, www.aclu-ky.org
(via fax: 502-589-9687 and info@aclu-ky.org)

Peter Carlisle, Honolulu Prosecuting Attorney (via fax: 808-547-7515)

J. Arthur Rath, www.the-catbird-seat.net/Lost-Generations.htm (imua@spamarrest.com)

Randall Roth, www.brokentrustbook.com (rroth@hawaii.edu)

Judge Samuel P. King (leslie_sai@hid.uscourts.gov)

Henry Paulson, U.S. Treasury Secretary (via fax: 202-622-6415)

Janet Hughes, Internal Revenue Service (via fax: 720-956-4564)