Bobby N. Harmon, CPCU, ARM
April 2, 2005
VIA facsimile @ (808) 529-7177
and e-mail: sguttman@kdubm.com
Mary Lou Woo, Trustee
c/o Mr. Steven Guttman, Esq.
Kessner Duca Umebayashi Bain & Matsunaga
220 South King Street, 19th Floor
Honolulu, HI 96813
RE: Mary Lou Woo, Trustee, Plaintiff, v. Bobby N. Harmon, Defendant
Rule 16 Scheduling/Status Conference - Civil No. CV05-00030 DAE KSC
Dear Ms. Woo:
I note that the Order Setting Rule 16 Scheduling/Status Conference on April 11, 2005, signed by Judge David A. Ezra, states that:
“Parties are reminded that, unless otherwise order 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.”
As the Conference date it is now less than 10 days away, I must ask you why you have not yet scheduled this required “meeting of the parties” in order that formal discovery may be commenced?
I also note in your Application By Plaintiff-Trustee Mary Lou Woo For Confirmation of Arbitration Award And For Entry Of Judgment Against Bobby N. Harmon, that it is stated on Page 11, Paragraph 24:
“The Arbitrator ruled that the Award may be enforced by any party to the Settlement Agreement. 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.”
Since the Arbitrator has ruled that these entities are the “Real Parties” to the Settlement Agreement, then I must point out that it is my expectation that all of these parties are required to be in attendance at the required meeting of the parties, as well as at the Rule 16 Scheduling Conference/Status Conference on April 11, 2005. Have all these parties been notified of the Order setting this Conference, and, if so, may I please have a copy of this notification in order that I might have the names of the attorneys, or other contact persons, for each of these parties and their current address, telephone number and facsimile number.
Due to the closeness of the Conference date, I respectfully request your immediate reply via facsimile to my fax number shown in the heading of this letter.
Thank you very much for your cooperation.
Very truly yours,
Bobby N. Harmon, CPCU, ARM