Bobby N. Harmon, CPCU, ARM
10951 Southgate Manor Drive, Apt. #4 Tel & Fax No. (502) 964-0694
Louisville, Kentucky 40229-1655
August 5, 2004
VIA facsimile only @ (808) 529-7177
Mr. Steven Guttman, Esq.
Kessner Duca Umebayashi Bain & Matsunaga
220 South King Street, 19th Floor
Honolulu, HI 96813
RE: Notice of Claim - Steven Guttman, Esq., Kessner Duca Umebayashi Bain & Matsunaga
Ref. Mary Lou Woo, Trustee v. Bobby N. Harmon
Dear Mr. Guttman:
I have just received James B. Farris’ letter dated August 5, 2004, in which he states:
“This will acknowledge receipt of a letter dated August 4, 2004, from Respondent, a copy of which has been exchanged with the other party.
“At this time we request the comments of Claimant with respect to Respondent’s letter. Said comments are to be received by the Association on or before August 11, 2004.”
Since my letter to you dated August 4th has nothing to do with the Arbitration proceedings, I am uncertain as to why Mr. Farris is asking for your comments. In fact, if you have submitted, or intend to submit, this claim to your professional liability insurance company, I’m certain that they will instruct you NOT to correspond DIRECTLY TO ME, or to provide ANY information regarding this claim to ANY THIRD PARTY – including the American Arbitration Association.
If you accept the suggestion in my August 4th letter that we attempt to negotiate a global settlement for the outstanding claims against ALL parties, then all communications should, of course, become CONFIDENTIAL at that point, and restricted to the negotiating parties.
Although I did not specify a deadline for a response to my August 4th letter, since the AAA has set a date of August 11, 2004, I am hereby requesting your response by this same date.
Please feel free to contact me if you have any questions or comments.
Very truly yours,
Bobby N. Harmon
cc: Mary Lou Woo, c/o Steven Guttman (via fax @ 808-529-7177)
James B. Farris, Senior Case Manager, American Arbitration Association
(via fax @ 559-490-1919)
Robert Kihune, Douglas Ing, Constance Lau, Diane Plotts, Nainoa Thompson,
Trustees of Kamehameha Schools (via fax @ 808-523-6313)
Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
P&C Insurance Co., Inc. (via fax @ 808-523-6313)
Susan Tius, Esq., c/o Rush Moore Craven Sutton Morry & Beh
(via fax @ 808-521-0597)
Henry H. Peters, Richard S. H. Wong, Lokelani Lindsey, Gerard Jervis and Oswald Stender, c/o Kenneth Hipp, Esq., Marr Hipp Jones & Pepper
(via fax @ 808-536-6700)
Jeffrey H.K. Sia, Esq., Ayabe Chong Nishimoto Sia & Nakamura
(via fax @ 808-526-3491)
Robert S. Tameler, ALPS, Claims Administrator for Bradley Tamm and Greg Dunn
(via fax @ 406-728-7416)
Lori Chung, Aon Insurance Managers (via fax @ 808-540-4301)
Casimer Fidele, Tradewind Insurance Company (via fax @ 808-521-7489)
Hugh Jones, Deputy Attorney General (via fax @ 808-586-1477)
J.P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)
Janet Hughes, Internal Revenue Service (via fax @ 303-844-3596)
Billy Beaver, Pension & Welfare Benefit Admin. (via fax @ 626-229-1098)
Ralph F. Boyd, Jr., U.S. Dept. of Justice (via fax @ 202-514-1116)
PricewaterhouseCoopers, c/o Warren Price III, Esq. (via fax @ 808-533-0549)
Marsh & McLennan, Honolulu Office (via fax @ 808-585-3510)
Terry Mullen, CEO/Pres., John Mullen & Co. (via fax @ 808-531-0053)
Lyn Flanigan Anzai, Hawaii State Bar Association (via e-mail: lanzai@hsba.org)
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