James B. Nicholson, Trustee vs. Harmon - Witness Judge Susan Oki Mollway

David C. Farmer, Successor-Trustee vs. Harmon

(Formerly Woo vs. Harmon & Nicholson vs. Harmon)

CV05-00030 DAE KSC

U.S. District Court For the District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

DEFENDANT’S WITNESS

JUDGE SUSAN OKI MOLLWAY

United States District Court - District of Hawaii
c/o Toni Fujinaga
Fax: (808) 541-1181
E-mail: tf@hid.uscourts.gov

Judge for U.S. District Court, District of Hawaii.

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NEW DISCOVERY (07-08-08): E-mail regarding witness Judge Susan Oki Mollway:

Check out James B. Nicholson, Trustee vs. Harmon - Witness Judge Susan Oki Mollway

Tuesday, July 8, 2008 4:43 PM

From: Mutant Ninja Cats

Re:

James B. Nicholson, Trustee vs. Harmon - Witness Judge Susan Oki Mollway

FYI: Susan Oki, Echi Oki, Dan Mollway, Airline Industry, SEC, and the Broken Trust Asian Pacific Bamboo Legacy in collusion with AIPAC Political influence in the powerful influential Defense Appropriation Committee members {Ted Stevens and Duke Cunnigham} under Hawaii U.S. Senator Daniel Inouye's leadership...... and the stealth Political, Economic, and Socialized intents for the pending AKAKA BILL in Congress, documented, again, under "A Confederacy of Dunces" {Forbes}.

Hey CB....this one is the ultimate "insiders" in Hawaii regulatory Government for the Broken Trust cabals linked to the Hawaii Legislature members including their own Federal Reps in Washington protecting their Hawaiian Hui "inside" investors from Southeast Asia to Wall Street:

I talked with the State Ethic's Commissioner / Director, Dan Mollway....Ms. Susan Oki's husband... about the BIG conflicts of interests involving our case against the State DLNR, The Ombudsman Office Director, The DCCA Rico "Investigations" with huge Political cover-ups involving the ANZAI's and the Hawaii Judicial system protecting their own regulatory local hui investors linked to the Bishop Estate Trustees.

Dan Mollway was involved with the "separate" Investigations involving the DLNR Bureau of Conveyance Public land records being ILLEGALLY manipulated and tampered for "Controlled Business" practices by the private sector {Title Guarantee Company employees with Realtors linked to Hoiku Consultant private computers being placed strategically in Public Office Government Buildings linked to the Hawaii Legislature members and the KSBE investments under Headmaster Colbert Matsumoto}.

He claimed that the State Ethics Department was still in the process of their own "separate" investigations {with vague public follow-ups since last year} while the State of Hawaii Attorney General's office conducted their own internal "investigations" in conjunction with a Third Investigations by the Hawaii Legislature members with their Union supported employees!

This again, is the same as a California PYRO MANIAC investigating his own blazing Wild Fire, while creating numerous distracted small fires around the BIG MAIN BON-FIRE, to attention away from his malicious and well calculated deeds!

The gas can {State of Hawaii DLNR Public Forgery Document Executive Order 3117 with a false Public misleading Official GAO Survey Map} with the match {The original suppressed DLNR Legal Access documents} and the remaining evidence with charred ruins {The Hawaiian Airline Pilot's family Bankruptcy proceedings implicating the KSBE and U.S. Trustees mishandling and suppressing the FRAUD} is all their for the "Investigators" conducted by the same Hawaii Buzzards and Vultures linked to the BROKEN TRUST Hawaii Legislature members, again, conducting their own Public Relation separate "investigations" for their Union memberships obtaining bribery gifts and favors {Oriental customs?}; The Hawaii State Ethics Director, linked to the Bamboo network Hawaii Judiciary system Huis with their own separate Public Relation damage control "investigations" to nowhere under the Hawaii AG's Office....promoting a Sovereign Hawaiian Bill, based on Illegal Political Constructive Fraud in Washington {1993 Simple Federal Apology Resolution to Hawaii by Senators Daniel Inouye and Akaka} while ignoring blatant Public Fraud and Political Corruption with OBSTRUCTION OF JUSTICE with HUGE CONFLICTS OF INTERESTS for: "SOCIAL EQUALITY AND POLITICAL JUSTICE FOR ALL" in Washington......

DOESN'T GET MUCH BETTER THAN THIS while Congress protects their own vested interests under the Political Department of Injustice cabals while helping spread American Democracy and American Values in the controversial Middle East and around the World!

Some interesting bit of side notes involving Ms. Susan Oki and her father....a former member of the famed 442 U.S. Military Regiment: My father, a former World War 11 Combat photographer in the South Pacific theatre, was married to a local Japanese during the War. He was a distant Political acquaintance and supporter for Jack Burns in Kailua, Oahu. They both belonged to the Kailua Lions Club and were both members of the private Lanikai Mid-Pacific Country Club....mostly all haole members after the War years.

My father was involved in a very fraudulent Hawaii land purchase and sale during the 1950s involving a corrupt Hawaii land surveyor and a fellow Irishman linked to the Hawaii Judges family members. After he relocated to San Francisco in the early 1960s, he retained a Hawaii attorney whom I believe was none other than Echi Oki.....from Honolulu, linked to the famed 442 Hawaii Military Brigade members whom he always supported due to the persecution of the local Hawaii Japanese community after Pearl Harbor.

Echi Oki, again, had close political links vis-a-vis their Military Service to Dan Inouye and their tight knit Hawaii 442 hui cabals.....prior and after the 1954 Hawaii Legislature Revolution. My father lost the Court case, despite the SELLER testifying in favor of my fathers allegations...... with huge conflicts of interests since the Judge was related to the Hawaii Judge {Taveras}.

Another side Note with the Airline Industry: I was personally involved with the earlier Bankruptcy proceedings with Frontier Airlines in Denver {1986} which later involved Drexel Burnham Wall Street investors linked to Frank Lorenzo and Carl Ichan in New York. Like Mr. Rodney Stich, the FAA investigator making allegations against United Airlines in Denver, I was singled out with several others for exposing blatant FAA rules and blatant Public Safety violations involving massive fraud and corruption benefiting short-cutting - Airline cost saving procedures...comprising massive Public Safety cover-ups and FAA regulatory with damage control omitted issues involving the new non-unionized, young and ignorant work force.

This all began with the across the board firings for the FAA Air Traffic Controllers soon after the Reagan - Bush Sr Tenure came into Office in 1981. The massive Airline De-regulations in Washington vis-a-vis Wall Stree profiteers, {i.e. - Michael Milken, Marc Rich, Ivan Boesky} during the roaring unregulated 1980s which became famous with the Movies: WALL STREET {Michael Douglas} and "BARBARIANS AT THE GATE".

AIPAC'S Norman Brownstein, based in Downtown Denver, vis-a-vis my former Brownstein political mole "girlfriend" , New York attorney Lisa Holstein, was responsible for helping Lorenzo with the Texas Continental Airline gang members to get out of their Prime gate and exclusive lounge commitments, including a faulty Automated Baggage system, involving more massive fraud and cover-ups at the new Denver International Airport were allowed to quietly relocate back to their Houston based "Texas Air Corp" headquarters.

In 1993, Clinton denied Frank Lorenzo, with his New York Attorney wife with Chase Manhattan Bank, as well as their Texas Air Corps - Colorado Resort land investors in Aspen & Vail {Phillip Winn Group}, to continue manipulating the SEC within the confines of the "insiders" under the lucrative "De-Regulated Airline Industry" mergers using Union Pension plans for lucrative leveraged acquisitions....compromising Public Safety and FAA violations with massive cover-ups in Washington.

Again, like former FAA investigator, Rodney Stich, doing his job, I became another Politcial liability, which is the former "inside" Dept of Justice / CIA lawyer, Norman Phillip Brownstein's expertise specialized job as Mr. Fix It at DIA; Protecting SEC Billionaire Fugitive's such as Marc Rich and HUD Director Phil Winn, while sheltering Drug Traffic cabals with Florida's Jack Devoe...for helping AIPAC's Political "cause" in Washington DC into vested SECURITY interests in the secular Middle East.....of course....always using OPM: The defrauded & obliviouos American Public Tax Payers left holding the bag on Wall Street to Main Street.

Brownstein's young, former single AIPAC New York mole attorney, Ms. Lisa Holstein, like others linked to AIPAC and David Steiner, as well as former CIA - U.S. federal prosecutor - Hawaii Public Safety Director, John Peyton, are reported deceased in New York and remote Africa?

The Rocky Mountain High - SILVERADO DNC Political Convention in Denver, Colorado, moving the Public cost over-run to a larger media exposure event with INVESCO Stadium {Bronco Pro Football Stadium...who are clients of NORM BROWNSTEIN, JACK HYATT, AND STEVE FARBER, now joined by former GOP Denver University CABALS - former Colorado RNC Chairman, Commercial Real Estate Investor and Resigned Department of Veterans Affair Director - James "De Oppressor Libre" Nicholson, linked to former Colorado RNC Chair, for convicted Swiss Ambassador - HUD Director - Phil Winn {DU Professor} with former DU Secretary of Interior Gale {CREA} Norton, as well as the latest new GOP University of Colorado connections to former U.S. Senator / UC President Hank Brown....involved in the "E Pluribus Unum" Wall Street article related to: THE 1993 Simple FEDERAL APOLOGY RESOLUTION TO HAWAII under Clinton with Political Constructive FRAUD and Public cover-up intents for the future Public subsidized AKAKA BILL in Congress....pending in Washington since 2000, after the U.S. Supreme Court decision over ruling the Hawaii Political Judicial system hidden under the Political Ninth District Circuit Court of Appeals, involving 'RICE V. CAYETANO' {Office of Hawaiian Affairs}.

Hope this "inside" information and insights can help you!

- little ninja cats with nonprofit coconut crab club

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NEW DISCOVERY (07-07-08): Witness Kenneth Hipp was the attorney for Hawaiian Airlines in CV 92-2058 - Hawaiian Airlines vs. Grant T. Norris, a whistleblower case in which Norris was fired because he refused to help hide airplane maintenance safety problems. Susan Mollway was the attorney for Defendant Grant Norris.

512 U.S. 246
114 S.Ct. 2239
129 L.Ed.2d 203

HAWAIIAN AIRLINES, INC., Petitioner,
v.
Grant T. NORRIS. Paul J. FINAZZO, Howard Ogden, Hatsuo Honma, Petitioners, v. Grant T. NORRIS.

No. 92-2058.

Supreme Court of the United States

Argued April 28, 1994.

Decided June 20, 1994.

Syllabus

Respondent Norris was terminated from his job as an aircraft mechanic by petitioner Hawaiian Airlines, Inc. (HAL), after refusing to sign a maintenance record, as required by his collective-bargaining agreement (CBA), for a plane he considered unsafe, and reporting his concerns to the Federal Aviation Administration. In separate state-court suits against HAL and its officers, also petitioners, he alleged, inter alia, that he had been wrongfully discharged in violation of the public policy expressed in the Federal Aviation Act and implementing regulations and in violation of Hawaii's Whistleblower Protection Act. The court dismissed these tort claims as pre-empted by the Railway Labor Act's (RLA's) mandatory arbitral mechanism for so-called "minor" disputes, which grow "out of grievances or out of the interpretation and application of agreements concerning [pay rates], rules, or working conditions," 45 U.S.C. § 153 First (i). The State Supreme Court reversed, concluding that § 153 First (i)'s plain language does not support pre-emption of disputes independent of a labor agreement, and interpreting the opinion in Consolidated Rail Corp. v. Railway Labor Executives' Assn., 491 U.S. 299, 109 S.Ct. 2477, 105 L.Ed.2d 250, to limit RLA pre-emption to disputes involving contractually defined rights. The court rejected petitioners' argument that the claims were pre-empted because resort to the CBA was necessary to determine whether Norris was discharged for insubordination, pointing to Lingle v. Norge Division of Magic Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877, 100 L.Ed.2d 410, in which this Court held that the Labor Management Relations Act, 1947 (LMRA), pre-empts state law only if a state-law claim is dependent on the interpretation of a CBA, and that purely factual questions about an employee's conduct and the employer's conduct and motives do not require interpreting such an agreement's terms.

Held: The RLA does not pre-empt Norris' state-law causes of action.....

74 Haw. 648, 847 P.2d 263 (1993) (first case), and 74 Haw. 235, 842 P.2d 634 (1992) (second case), affirmed.

BLACKMUN, J., delivered the opinion for a unanimous Court.

Kenneth B. Hipp, Honolulu, HI, argued for petitioners.

Susan Oki Mollway, Honolulu, HI, argued for respondent.

Richard H. Seamon, Washington, DC, argued for the U.S. as amicus curiae, by special leave of the Court.

Justice BLACKMUN delivered the opinion of the Court.

http://www.altlaw.org/v1/cases/1387472

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April 30, 1998

INOUYE ANNOUNCES SENATE JUDICIARY COMMITTEE APPROVES NOMINATION OF SUSAN OKI MOLLWAY AS U.S. DISTRICT COURT JUDGE

FOR IMMEDIATE RELEASE

WASHINGTON, D.C. -- United States Senator Daniel K. Inouye is pleased to announce that the Senate Judiciary Committee approved the nomination of Susan Oki Mollway to serve as the fourth United States District Court Judge in Hawaii.

"I am extremely pleased that we are finally one step closer to filling the judicial vacancy on Hawaii's U.S. District Court. Ms. Mollway is most qualified for the position of United States District Judge. She will serve the State of Hawaii and the federal judiciary with reason, balance and integrity. For the last 17 years, Ms. Mollway has had a successful litigation practice. Her impressive litigation experience includes a wide array of areas from federal labor law, to contract disputes, to lender liability, and appearances before every level of the state and federal courts, as well as a successful appearance before the United States Supreme Court in 1994," said Senator Inouye.

"The delay in filling this judicial vacancy has had a harmful impact on our court system. In the past 12 months, filings of civil cases in the Hawaii District Court have increased 13% and filings of criminal cases are up 8%. The Court also expects approximately 200 asbestos and breast implant cases on remand to the District. In addition, the construction of a new 670 bed federal detention facility in Hawaii will also increase the caseload as federal authorities will have the capacity to house additional prisoners," Inouye continued.

Less than six months after Judge Helen Gillmor took her seat in October 1994, Hawaii District Judge Harold M. Fong passed away unexpectedly in April 1995. Hawaii's U.S. District Court was again back to three judges, though the Congress had determined in 1990 that a fourth judgeship was warranted due to caseload.

Since 1986, Ms. Mollway has been a partner at the law firm of Cades, Schutte, Fleming, & Wright. She specializes in civil litigation and has handled cases involving employment discrimination, contract disputes, class actions, real estate, lender liability, copyrights and trademarks, product liability, personal injury, insurance coverage, anti-trust issues, and labor law. Ms. Mollway has also taught appellate advocacy at the University of Hawaii's William S. Richardson School of Law and participated as an arbitrator with Hawaii's court-annexed arbitration program.

Ms. Mollway attended the University of Hawaii at Manoa where she earned a bachelor's degree and a masters in English literature, and graduated cum laude from Harvard Law School.

Born and raised in Honolulu, Hawaii, Ms. Mollway is the daughter of Eichi and Nobuko Oki. Mr. Eichi Oki served with the 442nd Regimental Combat Team during World War II. Ms. Mollway is married to Daniel J. Mollway, who is the Executive Director of the State Ethics Commission...

http://inouye.senate.gov/98pr/98pr18.html

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June 22, 1998

STATEMENT OF SENATOR DANIEL K. AKAKA
IN SUPPORT OF SUSAN OKI MOLLWAY

Mr. President, it is with great pleasure that I take to the floor today to speak in behalf of Ms. Susan Oki Mollway, the President's nominee to the U.S. District Court for the District of Hawaii.

I wholeheartedly support Ms. Mollway, who if confirmed, would fill the fourth seat on the Hawaii court. I also want to join with the remarks of my senior Senator, who eloquently and passionately spoke about Susan Oki Mollway and her family. He also spoke about our interviewing her for this position and how impressed we were with the kind of person that she is. I also want to thank chairman Orrin Hatch of Utah for his support and for reporting this out of committee, and also Senator Pat Leahy, the ranking member from Vermont on the committee, as well as the members of the committee for reporting this nominee to the floor. Also want to thank our majority leader, Trent Lott of Mississippi, for permitting it to be on the floor today....

It is critical that the vacancy on the Hawaii court is filled. Senator Inouye and I believe that Susan Oki Mollway is the most qualified candidate for this position.

Ms. Mollway enjoys the highest rating of "well qualified" from the majority of the American Bar Association's Standing Committee on the Federal Judiciary. To quote some of her colleagues in Hawaii, "We have come to know her as a highly ethical, careful, dedicated, intelligent, articulate, caring, and energetic lawyer." Ms. Mollway is known for her professional skills, her sense of ethics, and her moral compassion--qualities needed for service on the federal bench....

Ms. Mollway has fully responded to those who have questioned her former position on the Board of Directors of the Hawaii chapter of the American Civil Liberties Union. Prior to her board membership, the ACLU-Hawaii filed an friend of the court brief in support of the plaintiffs in the Hawaii same-sex marriage case. Although she was aware of ACLU-Hawaii’s position and activities in the same-sex marriage case, as a board member Susan Mollway was never called on to play an active role.

Furthermore, Ms. Mollway understands that her personal opinions are not relevant to the decisions she would make as a federal judge. She has stated that she recognizes the authority of the Constitution, federal statutes as passed by the Congress, and case precedent from higher courts as the judicial guidelines to follow in court deliberation.

I believe my colleagues will agree with me that Susan Mollway's credentials are impressive. She is an individual of the highest integrity, whose dedication to her profession is admired by all....

http://akaka.senate.gov/speeches/980622.html

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Ellis et al v. Emery et al

Appellant: William S. Ellis, Jr.

Appellees: Richard B. Emery, Taylor Leong & Chee, Long Group (The), Richard B. Ferguson, Hugh Menefee Developemnt Corp., David C. Farmer and Barbara Sumida

Debtor: Upland Partners

Trustee: U.S. Trustee, Office

Case Number: 1:2007cv00128

Filed: March 8, 2007

Court: Hawaii District Court

Office: Hawaii Office

County: Honolulu

Presiding Judge: JUDGE SUSAN OKI MOLLWAY

Referring Judge: JUDGE BARRY M. KURREN

Nature of Suit: Bankruptcy - Appeal

Cause: 28:1334 Bankruptcy Appeal

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