Bobby N. Harmon, CPCU, ARM
10951 Southgate Manor Drive, Apt. #4 Tel & Fax No. (502) 964-0694
Louisville, Kentucky 40229-1655
Subject: Arbitration Abuse
September 17, 2004
VIA fax @ (559) 490-1919
Mr. James B. Farris
Senior Case Manager
American Arbitration Association
6795 North Palm Avenue, 2nd Ave.
Fresno, California 93704
RE: Mary Lou Woo, Trustee v. Bobby N. Harmon - Case No. 74 166 00491 03 JAFA
Dear Mr. Farris:
This is in further response regarding Steven Guttman’s Declaration in Support of Claimant’s Request for Fees and Costs, received on September 2, 2004. I refer you to the following entry in Mr. Guttman’s Exhibit A:
01/26/04
WI RVW BH LTR TO AON INSURANCE
SG TC FROM BEN MATSUBARA RE WITNESS TESTIMONY
SG REVIEW BNH LTRS TO AON
Benjamin M. Matsubara, Esq. has many connections with this arbitration case:
> Benjamin Matsubara is the court-appointed Master for Kamehameha Schools/Bishop Estate;
> Benjamin Matsubara was the recipient of several of the letters in my “letter-writing campaign” - which was an issue in this arbitration;
> Benjamin Matsubara has been the attorney for Alexander & Baldwin, Ltd. (A&B) in major land use cases on Maui, and other areas, representing them before the Hawaii Land Use Commission (LUC) and Maui County Planning Commission, for which Arbitrator Judith Neustadter Fuqua, is a hearing officer.
> Benjamin Matsubara was one of Respondent’s named witnesses at the time of this phone conversation.
Since Steven Guttman’s time sheets do not provide details about what was discussed during his conversation, one can only speculate the purpose of Benjamin Matsumoto’s telephone call: Was it to emphasize to Steven Guttman and to Trustee Mary Lou Woo that he did NOT want to be called as a witness in the arbitration hearings? Did he suggest legal excuses for having him dismissed by Judith Neustadter as a witness? Regardless of the purpose, I maintain that the plain fact that Benjamin Matsumoto directly contacted Steven Guttman to discuss his witness testimony is a breach of ethics and provides further factual evidence that these entire arbitration proceedings have been extremely unfair, unprofessional, unethical, and fraught with fraud.
Here is another revealing and damaging entry:
02/26/04
WI RVW LTRS FROM ATTYS TSUKAZAKI & LIBKUMAN
SG TC FROM ATTY RINA STONE RE JOHN MULLEN
SG REVIEW LIBKUMAN LTR (.10); TC FROM ATTY MT RE ARBITRATION ISSUES (.30)
Ronald Dale Libkuman, Esq. has the following connections to this case:
> Ronald Libkuman was one of the interim trustees for Kamehameha Schools/Bishop Estate during my RICO lawsuit, and was serving at the time the Settlement Agreement was signed, and may have been one of the unidentified signatories;
> Ronald Libkuman was the recipient of several letters in my so-called “letter-writing campaign” which was an issue in this arbitration;
> Ronald Libkuman has been named in my Claims Letters, an example of which can be found at: www.the-catbird-seat.net/Claim-KAA-7-30-2.htm;
> A short biography on KSBE’s website (1999) stated: “For the last eight years, Libkuman has been acting as an arbitrator or mediator in all types of legal disputes,” suggesting a possible connection with the AAA and/or Judith Neustadter Fuqua.
> Ronald Libkuman was one of Respondent’s named Witnesses at the time of Steven Guttman’s review of his letter, and the telephone call from Attorney Matt Tsukazaki.
Again, there is no information regarding what was contained in Ronald Libkuman’s letter, or what was discussed with KSBE’s attorney, Matt Tsukazaki. However, the same possible scenarios certainly exist as stated above for Benjamin D. Matsubara.
Again, regardless of the purpose, I maintain that the simple fact that Ronald Libkuman and Matt Tsukazaki had direct, undisclosed contact with Steven Guttman to discuss matters relating to this arbitration, is a severe breach of ethics and provides further factual evidence that these entire arbitration proceedings, including the selection process by which Ms. Neustadter was chosen, have been fraudulent and unfair.
There are many more disturbing entries in Steven Guttman’s Exhibit A, including those related to Terry Mullen and John Mullen & Co., but I will continue with these entries in a future letter. Meanwhile, I continue to hope that Trustee Woo, and others involved in this case (see www.the-catbird-seat.net/Claims-By-Harmon.htm), will accept my prior offer of attempting to settle all outstanding claims on a global basis by means of negotiation.
Please feel free to contact me if you have any questions or comments.
Sincerely yours,
Bobby N. Harmon
cc: Mary Lou Woo, Trustee, c/o Steven Guttman
Kessner Duca Umebayashi Bain & Matsunaga
(via fax @ 808-529-7177)
Topic: Arbitration Abuse by The American Arbitration Association
Dee Jay Mailer, CEO, Kamehameha Schools
(via fax @ 808-523-6313)
P&C Insurance Co., Inc.
(via fax @ 808-523-6313)
Casimer Fidele, Tradewind Insurance Company
(via fax @808-521-7489)
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