David C. Farmer, Successor-Trustee vs. Harmon
(Formerly Woo vs. Harmon & Nicholson vs. Harmon)
U.S. District Court For the District of Hawaii
Judges: David A. Ezra; Kevin S. Chang
—
DEFENDANT’S WITNESS
PAUL ALSTON
Alston Hunt Floyd & Ing, Attorneys At Law
American Savings Bank Tower
1001 Bishop Street, 18th Floor
Honolulu, HI 96813
Fax: 808-524-4591
Founding partner of Alston Hunt Floyd & Ing; former associate of arbitrator Judith Neustadter Fuqua; attorney for reporters Jim Dooley of KITV News4 and Sally Apgar of the Honolulu Advertiser in defending against subpoenas served by Bishop Estate to recover documents given to them by Defendant (www.starbulletin.com/97/10/03/news/story2.html); attorney for YY Valley Corporation in the Maunawili Valley case; attorney for Outrigger Enterprises; attorney for Kaiser Permanente; attorney for American Savings Bank (subsidiary of Hawaiian Electric Industries) a creditor in the underlying case); on Panel of Commercial Arbitrators, American Arbitration Association, and Dispute Prevention & Resolution, Inc.; Hearing Panel Member and Chairman, Office of Disciplinary Counsel, Supreme Court of Hawaii; Member, Committee on Foreign Relations; Special Deputy Attorney General, State of Hawaii for Governor George Ariyoshi, Governor John Waihee; attorney for Grove Farm; named in Steven Guttman’s letter dated June 21, 2004, to James Farris of the American Arbitration Association, as a person Defendant should be “barred from communicating with in any manner...” WHY?
From Findlaw:
Firm Profile:
Alston Hunt Floyd & Ing (AHFI) is known for providing high quality, fast, creative and cost-effective service....
Areas of Practice:
Banking & Finance
Business & Personal Injury Litigation
Education
Environmental & Cultural Resources
Government Affairs & Public Interest
Government Procurement & Federal Grant Compliance
Health Care
Labor & Employment
Life, Disability, & Erisa
Property & Business Transactions
Real Estate, Title, & Escrow
Representative Clients:
Kaiser Foundation Hospital
The Mitsui Trust & Banking Co., Ltd.
First American Title Insurance Company
Chicago Title Insurance Company
Kemper Real Estate Management Company
Federal Deposit Insurance Corporation
Amfac/JMB (Hawaii)
The Prudential Locations Inc.
Coldwell Banker Commercial
Otis Elevator Company
Hawaiian Electric Industries, Inc., and its affiliates
Hawaiian Cement
Hawaii Conference Foundation-United Church of Christ
Beta West
Kaiser Aluminum and Chemical Company
Planned Parenthood of Hawaii, Inc.
First Charter Bank, N.A.
Bank of America, FSB
Wailea Resort Company, Ltd.
Sofos Realty Corporation
CUNA Mutual Investment Corporation
Koko Marina Shopping Center
Market Place at Coconut Plantation on Kauai
Temple Valley Shopping Center
Hawaii Kai Towne Center
Kalama Village Center
Executive Plaza I/II
Sheridan Ing Partners Hawaii
Monroe & Friedlander Management Corporation
Airport Associates, 1981
Aloha Towers
John Groark & Associates, Inc.
Kacor Realty, Inc.
Kaiser Aluminum Properties, Inc.
Kaiser Development Co.
Mauna Lani Terrace
Mililani Parkway
Pakalana
Schnabel Foundation Company
Sugar Beach
Alternatives to Violence
Cheap Tickets
Hale Kipa Youth Services
Hawaii Civil Rights Commission
Hawaii Foodbank, Inc.
Motorola, Inc.
Volcano Art Center
Waianae Coast Comprehensive Mental Health Clinic
A National Electrical Supply Firm
Local Independent Schools
A Large Multi-State Law Firm
CB Commercial Hawaii
Hawaii Kai Development Company
Hawaii Kai Executive Plaza I
Na Pali Haweo
Pearl Plantation Center
Thomas Hayes (Bankruptcy Trustee)
Home Financial Services, Inc.
George Isaacs/George Isaacs (Hawaii), Ltd.
Mokuleia Land Company
'Olelo: The Corporation For Community Television
Outrigger Hotels Hawaii
Royal Aloha Vacation Club
The Queens Health Systems
Victoria Group Limited
Commercial Union
Travelers
Aetna
Fireman's Fund
Ford
Volkswagen
Boeing
General Motors
General Electric
Eastman Chemical Company
Pittsburgh Corning Corp.
Georgia Pacific
Chevron U.S.A.
Eaton Corporation
Keene Corporation
Commonwealth Land Title Insurance Company
Lawyers Title Insurance Corporation
Safeco Title Insurance Company
Stewart Title Guaranty Company
Security Union Title Insurance Company
TICOR
Title Insurance Company of Minnesota
Amana
A.H. Robins
On the landlord's side, we represent owners of several major shopping centers and commercial buildings. Our past and present clients include the managers and owners of the Koko Marina Shopping Center, the Market Place at Coconut Plantation on Kauai, Temple Valley Shopping Center, Hawaii Kai Towne Center, Kalama Village Center, Executive Plaza I/II (Kemper Real Estate Management Company, successor to Bedford Properties, Inc., and Hawaii Kai Development Company) and various commercial and industrial properties owned by Sheridan Ing Partners Hawaii and related entities. We also represent The Prudential Locations Inc., Property Management Division, and Monroe & Friedlander Management Corporation.
References:
First American Title Insurance Company
Hawaiian Cement
Hawaiian Electric Industries, Inc.
Thomas E. Hayes, Bankruptcy Trustee
Kaiser Aluminum & Chemical Corp.
Kaiser Permanente Medical Group
The Mitsui Trust & Banking Co., Ltd.
Otis Elevator Company
The Prudential Locations Inc.
The Queen's Health Systems
ZKS Real Estate Partners (formerly Kemper Real Estate Management Co.)
http://pview.findlaw.com/view/2367354_1
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NEW DISCOVERY (10-29-08): New facts providing more evidence of undisclosed conflicts of interests between Judge Barry Kurren and his wife, Faye Kurren, Paul Alston, Rick Daysog, Eric Grant, John Goemans and other entities involved in this case:
October 29, 2008
Judge orders names be made
public in Hawaii school suit
BY RICK DAYSOG, Advertiser Staff Writer
The identities of four unnamed, non-Hawaiian students challenging Kamehameha Schools' admission policy must be made public in 10 days, a federal judge ruled yesterday.
In a 22-page order, U.S. Magistrate Judge Barry Kurren said the public, as in other civil rights cases, has "a strong interest in knowing who is using the courts to vindicate their rights."
"The severity of the threatened harm and the reasonableness of plaintiffs' fears do not weigh in favor of anonymity," Kurren wrote. "At most, plaintiffs are vulnerable children who have a reasonable fear of social ostracization."
Kamehameha Schools spokeswoman Ann Botticelli said the schools appreciated the ruling, saying, "Judge Kurren obviously deliberated carefully on the matter."
David Rosen, one of the attorneys representing the students, declined comment yesterday.
Rosen and California attorney Eric Grant previously argued that the disclosure of the students' identities would expose them to public humiliation and retaliation.
Parents of the students — who are simply known as Jacob, Janet, Karl and Lisa Doe — have said in court papers that they may drop the lawsuit if the children are not allowed to pursue their lawsuit anonymously.
The Does, who are not of Hawaiian ancestry, applied for admission to Kamehameha in the 2008-09 school year, but were rejected.
Kurren's ruling came after a 1 1/2-hour, closed-door hearing on Oct. 21.
By issuing a 10-day stay to his ruling, he allowed the students and their parents to consider whether to continue pursuing the action.
The stay also allows the Does' attorneys to appeal the ruling to U.S. District Judge Michael Seabright, who is assigned to the case.
Founded by the 1884 will of Princess Bernice Pauahi Bishop, Kamehameha Schools is a charitable trust that educates children of native Hawaiian ancestry. The estate is the state's largest private landowner and is one of the nation's wealthiest trusts, with assets of more than $9 billion.
lawyers cite threats
In their court filings, Rosen and Grant cited anonymous threats posted on the Internet and hostile remarks attached to the comments sections of local news stories about the admissions controversy.
Grant and Rosen have noted that the threats were serious enough to prompt U.S. Attorney Ed Kubo in 2003 to issue a warning against anyone looking to harm another non-Hawaiian student, Brayden Mohica-Cummings, who was admitted to the school under a settlement agreement.
Kurren, however, ruled that Grant and Rosen didn't provide evidence of "any threat of physical or economic harm" against the Does.
Botticelli, the Kamehameha Schools spokeswoman, added that the trust's leadership "would never take any action that puts a child in danger."
"We would never engage in or condone any racial threats or actions, and we know our community wouldn't either," she said.
Adrian Kamali'i, a 2000 Kamehameha Schools graduate and president of the student-parent group Na Pua a Ke Ali'i Pauahi, said Kurren's ruling "levels the playing field."
Allowing the students and parents to pursue the lawsuit anonymously takes away any accountability and hides from the public "who is doing what and why," added Jan Dill, a 1961 graduate.
"I think it's tremendous that the judge has demanded transparency in a process that affects thousand of native Hawaiian children," Dill said. "People who take actions like this should stand up and take responsibility rather than hide behind confidentiality."
School hails ruling
Attorneys for the trust — Paul Alston and former Stanford University Law School Dean Kathleen Sullivan — said anonymity has allowed the students' lawyers to portray their clients in a sympathetic light, but gave the trust no means to say whether that portrayal is accurate.
They also noted that in the previous lawsuit challenging the school's admission policy, Grant's co-counsel John Goemans abused his client's anonymity by leaking the details of a confidential settlement.
In that suit, a separate John Doe sought to overturn the trust's Hawaiian-preference admission policy. The policy was upheld by the full 9th U.S. Circuit Court of Appeals and was headed to U.S. Supreme Court before it was settled.
The trust was able to save its admissions policy but ended up paying the student $7 million.
Beadie Dawson, a native Hawaiian attorney and former lawyer for Na Pua, said that given the stakes involved, she expects the Does to appeal Kurren's decision.
"They are looking for another damages settlement, a free hand-out," she said. "Giving them anonymity encourages others to file what I consider to be frivolous lawsuits."
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NEW DISCOVERY (08-15-08): Undisclosed conflicts of interests between Senator Dan Inouye, Senator Ted Stevens, VECO Corporation, George W. Bush, John McCain, Dick Cheney, Halliburton, Shell Oil, Barack Obama, Aloha Petroleum, James Ahloy, Chevron-Texaco, Mark Bennett, Linda Lingle, Tesoro Petroleum, Faye Kurren, Judge Barry Kurren, Enron, Goldman Sachs, Robert Rubin, Henry Paulson, Henry Peters, Paul Alston, etc.:
December 6, 1996
ENRON and Shell Win Bid in
Capitalization of YPFB's
Transportation Segment
LA PAZ, BOLIVIA – Enron Development Corp. and Shell International Gas Ltd. announced today that the government of Bolivia has named the companies the successful capitalizing company for the transportation segment of the state oil and gas company, Yacimientos Petroliferos...
Business Wire
~ ~ ~
March 30, 1998
The following is an excerpt from a 10-K SEC Filing, filed by TESORO PETROLEUM CORP /NEW/ on 3/30/1998:
ACCESS TO NEW MARKETS
A lack of market access has constrained natural gas production in Bolivia. With little internal gas demand, all of the Company's Bolivian natural gas production is sold under contract to the Bolivian government for export to Argentina.
Major developments in South America indicate that new markets will open for the Company's production. Construction of a new 1,900-mile pipeline that will link Bolivia's extensive gas reserves with markets in Brazil commenced in 1997 and is expected to be operational in early 1999.
The owners of the new pipeline include Petrobras (the Brazilian state oil company), other Brazilian investors, Enron Corp., Shell International Gas Ltd., British Gas PLC, El Paso Energy Corp., BHP, and Bolivian pension funds. When completed, the new pipeline will have a capacity of approximately 1 billion cubic feet ("Bcf") per day.
For more, see...
Citigroup: Vampires in the City
Vultures Up to their Necks in Tesoro Petroleum
~ ~ ~
NEW DISCOVERY (07-12-08):
* * * * *
PAUL ALSTON PHOT0 GALLERY
* * * * *
NEW DISCOVERY - 06/14/08: DAVID FARMER’S UNDISCLOSED RELATIONSHIPS WITH THE DIAMOND HEAD THEATRE, JAMES MacARTHUR, THE MacARTHUR FOUNDATION, GOLDMAN SACHS, ROBERT RUBIN, BILL CLINTON, HENRY PAULSON, THE NATURE CONSERVANCY, FAYE KURREN, HAUNANI APOLIONA, KAMEHAMEHA SCHOOLS, WALLY CHIN, HENRY PETERS, BISHOP MUSEUM, ADELE SMITH SIMMONS, BRAD HEPPNER, MARSH & McLENNAN, JAMES WRISTON, JUNE JONES, JOE MOORE, JAMES NICHOLSON, RON REWALD, JUDGE REY GRAULTY, ETC....:
www.jamesmacarthur.com/TwentiethCentury/TwentiethCentury.shtml
http://starbulletin.com/1999/04/14/news/story1.html
www.kycbs.net/Bishop-Museum.htm
www.kycbs.net/ConnecticutConnection.htm
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U.S. 9th Circuit Court of Appeals
TRUSTEE v HAYES
IN RE: BISHOP, BALDWIN, REWALD,
Hawaii corporation, Debtor. No. 95-16119
OFFICE OF THE U.S. TRUSTEE, 83-00381-MP
Appellant,
v.
Appellee.
IN RE: BISHOP, BALDWIN, REWALD, DILLINGHAM & WONG, INC.,
a Hawaii corporation, Debtor.
No. 95-16776
OFFICE OF THE U.S. TRUSTEE, Appellant
v.
THOMAS HAYES; REYNALDO D. GRAULTY, Trustee,
Chapter 7 Trustee; HONOLULU PROFESSIONAL
SERVICES; BANKRUPTCY TRUSTEE,
Appellees.
Appeals from the United States District Court for the District of Hawaii Martin Pence, District Judge, Presiding
Argued and Submitted November 4, 1996--Honolulu, Hawaii
Filed January 13, 1997
Before: J. Clifford Wallace, Mary M. Schroeder, and Arthur A. Alarcon, Circuit Judges.
Per Curiam Opinion
COUNSEL
Kathleen Dunivin Schmitt, United States Department of Justice, Executive Office for United States Trustees, Washington, D.C., for the appellant.
James F. Evers, Wagner, Watson & Pettit, Honolulu, Hawaii, for appellees Graulty, as trustee, and Wagner, Watson & Pettit.
Stanley E. Levin, Davis & Levin, Honolulu, Hawaii, for appellee Graulty, individually.
Louise K.Y. Ing, Alston, Hunt, Floyd & Ing, Honolulu, Hawaii, for appellees Thomas Hayes and Honolulu Professional Services.
OPINION
PER CURIAM:
The United States Trustee (U.S. Trustee) appeals from the district court's order overruling the objection to Reynaldo Graulty's final report as trustee for the Bishop Estate (Estate). The district court had jurisdiction under 28 U.S.C.S 157(d). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. S 1291, and we vacate the district court's order and remand this case for 56 days for clarification.
During 1990-1992, Graulty was trustee for the Estate. Mary Louise Scheulin, as an employee of the Estate, oversaw its day-to-day operations during that time and incurred both salary and rent expenses. Scheulin was hired by the Estate's administrative controller, Thomas Hayes, whom Graulty hired with the district court's approval. Over the U.S. Trustee's objection, the district court, on May 26, 1995, approved Graulty's final report for the Estate. In that report, the Estate, and not Graulty, was responsible for Scheulin's expenses. The U.S. Trustee again objected that the workload of the Estate did not justify Scheulin's employment, and argued that someone else -- presumably Graulty -- should be responsible for Scheulin's expenses. The district court once more overruled the U.S. Trustee's objection on July 14, 1995 ....
Since we remand the case solely due to the failure of Graulty to prepare the final report adequately and due to omissions in the draft order he presented to the court, the district court shall not require the Estate to compensate Graulty for any work arising from this remand.
VACATED AND REMANDED.
www.kycbs.net/Rewald-Trustee-vs-Hayes.htm
Also see:
www.kycbs.net/CV05-00030-Witness-Fuqua-Judith.htm
www.kycbs.net/CV05-00030-Witness-Farmer-David.htm
www.kycbs.net/CV05-00030-Witness-Guttman-Steven.htm
www.kycbs.net/CV05-00030-Witness-Alston-Paul.htm
www.kycbs.net/CV05-00030-Witness-Graulty-Rey.htm
www.kycbs.net/CV05-00030-Witness-Ezra-David.htm
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NEW DISCOVERY (05-26-08):
The Global Economy's Investment
In Prostitution
Want to know a few of the results of the move towards the so-called "Global Economy" which has become the nirvana Corporate America seeks? Be very careful, you might not like what you find.
According to U.N. documents, 4 million women a year are sold into sexual slavery around the world. Understand, these documents aren't discussing some Mid- Eastern potentate's harem. What we're talking about is 500,000 women "imported" into Western Europe and 90,000 into Italy, alone. These women are kidnapped and sold into prostitution for the gratification of men like the late Larry Hilblom, the founder of DHL courier service. Hilblom, it should be added, also participated in the kidnapping and sales of many young women, as well.
The majority of these women, who are mostly just young girls, come from the countries once known as client states of the old Soviet Union, such as Albania and the Ukraine. In fact, the selling of girls for the sexual gratification of wealthy men has become a major export for many of the supposedly free nations from the former Soviet bloc.
Amazingly, many of these women are moved through our ally Israel. The reason Israel is a major center for these atrocities is that Israel has absolutely no laws against the sale or ownership of other humans. Now there is wonderful reason to continue our hundreds of billions of dollars in foreign aid to this moral back water of a country.
The main reason that these crimes can so easily occur is the demand by the world's corporations that there be few or no inspections at national borders and that, with corporations buying up governments just like ours at bargain prices, they own the decisions to investigate crimes and, of course, see no reason to investigate the very crimes they, themselves, are committing.
Now, of course, America is immune from these charges, aren't we. I mean, this is the country where politicians spend their entire careers shouting about their fairy tale world of "family values", right? Our government would immediately spring into action should even a hint of this crime appear within our borders, right?
Wrong, of course. Thai women were imported into the United States and forced into sexual slavery in New York, Houston and Toronto, according to stories in the LA Times, New York Times and Dallas Morning News.
How long will it take the corporate prostitutes in Washington, D.C., to even acknowledge these crimes? How many conservatives do you think are going to stand up in protest against these horrors against humanity? How many will demand hundreds of billions of dollars to fight these crimes against humanity? What is less than none?
Unless America wakes up to these violations against humanity and demands action from the blow hards in office, nothing, whatsoever, will ever happen. Why? Because the victims do not fall within the parameters these vile people respect. These are young girls from foreign countries that don't contribute to American political coffers, nor are they related to anyone who owns enough property to matter to American politicians. If they were all Republican, Christian, wealthy wives and daughters of campaign contributors then this would be a problem of cosmic proportion. They aren't, so the problem is ignored.
These crimes against women are only the most extreme examples of the damage that is being done to people all over the world in the name of corporate profits. Add in the disease ridden fruit coming into America from countries which have little in the way of health and safety laws and food covered with the pesticides that America banned so Corporate America sold its stock to the same Third World countries now supplying us with our daily fruits and vegetables and grains.
Consider the effects that corrupt rulers the world over have regarding the financial health of your retirement and investments and, if the idiots who hate government safety nets have their way, your Social Security. Consider the damage another episode like the Hunt brothers attempt to corner the silver market would have on America if it were done by a nation or groups of nations. Finally, consider the costs of a simple computer virus invading the systems which control what will be the world's financial institution.
You, as an individual, have absolutely nothing to gain in a global economy. In fact, you will be the loser if you continue to listen to the lies and do not begin fighting the mutation of your world into a world corporation where the wealthy would rule through unlimited economic power. As in all things, it is your choice but your inaction will affect billions of people for centuries to come.
http://www.anotherperspective.org/advoc150.html
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NEW DISCOVERY (04-24-08): Undisclosed relationships between Mary Lou Woo, James B. Nicholson, David C. Farmer, Steven Guttman, Judith Neustadter Fuqua, Paul Alston, Judge Lloyd King, Judge Robert Faris, Judge Kevin Chang, Judge David Ezra, Judge Barry Kurren, Judge Elizabeth Eden Hifo, Dee Jay Mailer, Eric Grant, Jim Dooley, and other witnesses; denial of First Amendment and Seventh Amendment Rights to Defendant and his prior attorney, John Goemans:
April 24, 2008
Kamehameha wants $2 million returned
School points to breach in terms of
confidential settlement paid in 2007
By Jim Dooley, Advertiser Staff Writer
Kamehameha Schools is trying to get back as much as $2 million of the $7 million it paid last year to settle a lawsuit that challenged its admissions policy favoring Hawaiian students, according to legal papers filed in federal court in California.
The papers are contained in new litigation filed after publication of an Advertiser news story in February that revealed that the settlement was $7 million.
The money was paid to a Big Island mother and child in return for their agreement to drop the lawsuit just before the U.S. Supreme Court was to decide whether it would hear an appeal of the case.
The plaintiffs, who have never been publicly identified and are known as Jane and John Doe, alleged in the California case that the schools "threatened" to publicly identify them if they did not place $2 million in an escrow account for possible return to the schools because terms of the confidential settlement had been revealed.
Ken Kuniyuki, a Hawai'i lawyer who now represents the pair, is alleging that David Schulmeister, an attorney for the schools, said that if the s