OUST vs. Harmon - Fourth Motion to Reconsider Order Overruling Objection to the Appointment of David C. Farmer as Trustee

BOBBY N. HARMON, CPCU, ARM

104 East Grundy Avenue

Springfield, KY 40069

Telephone : 859-336-9975

Email: bobby_n_harmon@yahoo.com

Website: http://www.kycbs.net

Defendant, Pro Se

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

DAVID C. FARMER, Trustee

Plaintiff,

vs.

BOBBY N. HARMON

Defendant

CASE NO. 99-04339

DEFENDANT BOBBY N. HARMON’S

MOTION FOR RECONSIDERATION OF ORDER OVERRULING OBJECTION TO APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE AND DENYING ACCOMPANYING MOTIONS; MOTION FOR ORDER FOR PARTIES TO ATTEMPT SETTLEMENT THROUGH OUT-OF-COURT NEGOTIATION

Date of Hearing:

Time of Hearing:

Judge: Hon. Robert J. Faris

DEFENDANT BOBBY N. HARMON’S MOTION FOR RECONSIDERATION
OF ORDER OVERRULING OBJECTION TO APPOINTMENT OF DAVID C. FARMER
AS SUCCESSOR TRUSTEE AND DENYING ACCOMPANYING MOTIONS;
MOTION FOR ORDER FOR PARTIES TO ATTEMPT SETTLEMENT
THROUGH OUT-OF-COURT NEGOTIATION

COMES NOW Defendant BOBBY N. HARMON and submits the following Arguments and Motions:

I. ARGUMENT FOR MOTION TO RECONSIDER ORDER OVERRULING OBJECTION TO APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE

On August 14, 2007, Debtor Bobby Harmon filed an Objection to the Appointment of David C. Farmer as Successor Trustee, a Motion for Order to Disapprove [Mr. Farmer’s] Appointment, and a Motion for Pre-Hearing Settlement Conference (Docket No. 200). The court held a hearing on October 10, 2007, on the objection and accompanying motions. Debtor Harmon appeared by telephone for himself; Steven Guttman, Esq., appeared for Mr. Farmer, Esq., who also appeared; and Carol K. Muranaka, Esq., appeared for the Office of the United States Trustee.

For the reasons stated in open court, which included a statement by Judge Robert Faris that he had reviewed Defendant’s website, “The Catbird Seat”, and could see no conflicts of interest in Mr. Farmer’s appointment as Successor Trustee, and that he knew of no legal requirement that a Trustee is required to disclose information about his insurance carrier, Judge Faris “ORDERED THAT the Objection to the Appointment of David C. Farmer as Successor Trustee is OVERRULED and the Motion for Order to Disapprove [Mr. Farmer’s] Appointment and Motion for Pre-Hearing Settlement Conference are DENIED.”

By motion filed October 23, 2007 (Docket No. 212), Debtor Bobby N. Harmon sought reconsideration of this court’s October 15, 2007, order (Docket No. 207). By order dated October 24, 2007, Judge Robert J. Faris DENIED Debtor’s motion stating, “Mr. Harmon has presented no new facts or legal arguments that he could not have submitted originally or that would change the outcome.”

On November 8, 2007, Defendant filed a new Motion for Consideration detailing the discovery of NEW evidence of bias and conflicts of interest of David C. Farmer (ref. http://www.kycbs.net/Motion-Reconsider-Farmer-2.htm). On November 8, 2007, Judge Robert J. Faris signed an Order Denying Motion for Reconsideration which stated: “By motion filed November 8, 2007 (Docket No. 216), Debtor Bobby N. Harmon seeks reconsideration of this court’s October 15, 2007, order (Docket No. 207). Mr. Harmon has presented no new facts or legal arguments that he could not have submitted originally or that would change the outcome.”

Defendant’s Motion for Reconsideration filed on November 8, 2007 stated, in part: “Reconsideration of Judge Faris’ ORDER is being made due to the fact that, subsequent to the Hearing on October 23, 2007, NEW MATERIAL FACTS have been discovered, which provide additional evidence of undisclosed conflicts of interest for David C. Farmer (1), as well as for trustee attorney Steven Guttman, Esq. (2), and Judge Robert J. Faris (3).” Defendant’s Motion went on to list three new discoveries of undisclosed conflicts of interest between David Farmer, Steven Guttman and Judge Robert Faris, which included:

1. David Farmer has conflicting financial and professional relationships with Judge Robert Faris and Marsh & McLennan’s Mercer Consulting Services (4) in the Aloha Airlines (5) bankruptcy case. According to biographical information obtained through an internet search, David C. Farmer was an associate of the Ashford & Wriston law firm from 1998 to 2001. This occurred during the period of Defendant’s RICO lawsuit (6) and his bankruptcy proceedings. Marsh & McLennan (7) was a key defendant in Harmon’s RICO lawsuit, with allegations against their officers Rocco Sansone (8) , Peter Lowe (9), and others of fraud, racketeering, misrepresentation, illegal kick-backs, breach of contract, and other wrongful acts.

2. In August, 1999, Robert Bruce Graham (10) of the Ashford & Wriston law firm, filed a petition (11) for the salaries of the Interim Trustees, Robert Kihune (12), David Coon, Francis Keala (13), Constance Lau, (14) and Ronald Libkuman (15). In the same month, Robert Bruce Graham filed a Petition (16) on behalf of these same Interim Trustees to establish procedures for the selection of new trustees. Three of these interim trustees signed the Settlement Agreement without the contractually required authority or prior approval of Kamehameha Schools/Bishop Estate and P&C Insurance Company’s professional liability insurance carriers, Federal Insurance Company (17) and XL (Bermuda), Ltd. (18). These two insurance companies were defending the former Kamehameha Schools trustees in EQ2048 under their same directors and officers liability insurance policies, concurrent with the defense these same trustees against my RICO lawsuit.

3. Ashford & Wriston was one of the law firms FIRED by the Kamehameha Schools’ interim trustees as a result of an investigation by special master Robert Richards (19), as detailed in the ‘Richards’ Report‘ (20)....”

Defendant sincerely believes that these undisclosed financial and professional connections of David Farmer clearly evidence that David Farmer would be a biased Trustee and should not be permitted to assume this position. However, since the date of my signing of the November 8, 2007 motion, I have discovered even more evidence of material conflicts of interest. these new discoveries, as follows:

1. New Discovery (11-17-07) - Re: EQUITY No. 2048 - EXHIBITS RE DEPOSITIONS OF MARION MAE LINDSEY:

These documents, consisting of hundreds of pages, provide clear and material evidence of the many financial, professional, and political relationships between David Farmer, Bruce Graham and his law firm, Ashford & Wriston, with the former and interim Trustees of Kamehameha Schools/Bishop Estate, Nathan Aipa, Governor John Waihee, and others. These Exhibits can be found on the internet at the Broken Trust Book website, under the heading, “Lindsey Deposition (3 volumes)”:

http://www.brokentrustbook.com/sources.html#depositions

~ ~ ~

2. NEW DISCOVERY (11/16/07) - RE: Witness former Governor Ben Cayetano:

November 30, 2001

New York artist selected to paint Cayetano portrait

The State Foundation on Culture and the Arts has selected Daniel Greene, a New York artist, to paint the official portrait of Gov. Ben Cayetano.

Executive Director David Farmer said the final selection was made by Cayetano from a small group of artists who had submitted portfolios to the foundation.

The state will spend $30,000 for the portrait, with Cayetano expected to make up any extra payments, Farmer said.

http://starbulletin.com/2001/11/30/news/briefs.html

~ ~ ~

Defendant reasserts that the foregoing documents provide further evidence that the United States Trustee Program has not only failed to provide proper relief to an honest debtor, but that certain Trustees for the Office of the United States Trustees (OUST), their attorneys, Defendant’s own attorneys, and various judges in this case have fraudulently abused the bankruptcy system (30) for personal financial gain.

On November 23, 2007, Defendant filed a third motion for reconsideration of the order. On November 26, 2007, Judge Robert Faris signed an Order Denying Motion for Reconsideration and for Sanctions, in which he stated:

“As with the first two motions for reconsideration, the latest motion purports to present newly discovered facts which, according to Mr. Harmon, demonstraate that Mr. Farmer cannot serve as an unbiased trustee. In the latest motion, Mr. Harmon also seeks sanctions and damages against several individuals for unspecified ‘misconduct and contempt of court’ in the event that he and Mr. Farmer are unable to negotiate a settlement.

“The court has carefully considered the allegations in each motion for reconsideration and found the allegations to be without merit. Nove of the purportedly new facts suggests in any way the order overruling Mr. Harmon’s objection to the appointment of Mr. Farmer was unjust or in error. Moreover, the allegations of misconduct and contempt are wholly unsubstantiated.

“Accordingly, the court DENIES Mr. Harmon’s motion filed November 23, 2007, for reconsideration of Docket No. 207 and DENIES the accompanying request for sanctions and damages.

“The court takes notice of the fact that meritless arguments for reconsideration of prior orders in a related civil case prompted the U.S. District Court for the District of Hawaii to impose a pre-screening requirement on all filings by Mr. Harmon in that case. (See Order Denying Defendant’s Motion to Set Aside Order, entered April 27, 2007, in Civil No. 05-00030). In light of Mr. Harmon’s similar pattern of meritless motions for reconsideration in this case, IT IS HEREBY ORDERED that the clerk shall not accept any future filings by Mr. Harmon to the instant bankruptcy case without prior court approval.”

Since filing his Motion for Reconsideration on November 23, 2007, Defendant has discovered several facts that demonstrate that David Farmer has material conflicts of interest in this case which further leads Defendant to believe that Mr. Farmer is biased and should not be allowed to continue as a Successor Trustee.

The following briefly describes these NEW discoveries, which were communicated by e-mail to Mr. Farmer, Mr. Guttman, and to over 100 other concerned parties:

NEW DISCOVERY (12-01-07) - Re: WITNESS JOHN WAIHEE, IV:

John Waihee, IV, OHA trustee and son of former Governor John Waihee, III, is arrested in May, 2007, for DUI, but the arrest is not reported for six months. If this arrest of one of my named witness had been reported in the news media at the time it happened, as is normally done, this NEW material evidence could have been submitted in my earlier Requests for Reconsideration of the Appointment of David C. Farmer as Successor Trustee in this case.

NEW DISCOVERY (12-01-07) - David C. Farmer has professional and financial connections with Le Jardin Academy, and thus to Castle & Cooke:

Date: Thu, 29 Nov 2007 17:18:44 -1000

From: "Mike Marsh" <MMarsh@caselombardi.com>

Subject: Withdrawal of Counsel

To: "David C Farmer" <farmerd001@hawaii.rr.com>

CC: "Leroy Colombe" <lcolombe@ckdbw.com>

David; This is to inform you that Le Jardin Academy, Inc. will stipulate to your withdrawal as counsel. Please prepare the appropriate Stipulation and forward it to me. Thank you, Michael

NEW DISCOVERY (12-01-07):

David Farmer has connections with Witnesses former Congressman Ed Case and Mike Marsh of Case, Lombardi & Pettit (and thus connected to my witnesses, Dan Case, Steve Case, Jeffrey Case, Suzanne Case, Ray Fuqua, Judith Neustadter Fuqua, and others):

June 21, 2007

Former Congressman Ed Case, Young Entrepreneur
Matt Longfellow, Join Small Business Hawaii Board

By Sam Slom

The Directors of Small Business Hawaii (SBH) unanimously elected two new members of the SBH Board: Ed Case and Matt Longfellow....

Retiring from the board after many years of community service are: Wayne Fukuda of Wheatgrass Pacifica; Mike Marsh of Case Lombardi & Pettit; and John Yanagihara of New England Financial.

~ ~ ~

ACT 118 (07)
HB504
Signed: June 1, 2007

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR LE JARDIN ACADEMY.

Authorizes the issuance of $25 million in special purpose revenue bonds for Le Jardin Academy.

NEW DISCOVERY (11-28-07):

David C. Farmer has undisclosed professional and personal connections to Ruth Ann Becker, founder and president of Becker Communications, through several entities in this case, including Bishop Museum, Hawaii Opera Theater; YY Valley Associates, Paul Alston, Aloha Tower Marketplace, University of Hawaii, Stanford Carr Development, Molokai Ranch, and others.

NEW DISCOVERY (11-26-07): Jeannine A. Souki, Esq., of the law firm, Watanabe Ing & Komeiji, is a lobbyist for Aloha Airlines and Starwood Vacation Ownership:

Jeannine A. Souki is a government and public affairs advisor for Watanabe Ing Komeiji, LLC. Ms. Souki has more than a decade of government experience. Prior to joining the firm, she managed transportation, parks, land use, public safety and budget matters for a Seattle City Councilmember. As a former senior legislative assistant for a Member of Congress in Washington, D.C., she oversaw a broad range of issues including health, education, welfare reform, and immigration. Locally, Ms. Souki worked as a policy analyst for a Honolulu City Councilmember and a public affairs coordinator for the American Red Cross

http://www.wik.com/Advisors.aspx?AdvisorID=1005

NEW DISCOVERY (11-26-07): Robert S. Toyofuku, president, Pacific Law Institute, is a lobbyist for Hawaii Superferry, Hawaiian Airlines, Hawaiian Humane Society, Local 5 Union, and Manoa Valley Theatre:

November 30 1998

MVT masters
‘Mockingbird’

By John Berger, Special to the Star Bulletin

To Kill a Mockingbird Manoa Valley Theatre....

Few great novels are successfully adapted into films or plays of equal stature. Harper Lee's Pulitzer Prize-winning "To Kill A Mockingbird" is one of the rare exceptions.... Playwright Christopher Sergel's revised script does a better-than-average job of preserving Lee's memorable prose while condensing a complex story down to manageable size as a two-act drama. Manoa Valley Theatre co-directors David Farmer and Karen Brilliande, and a talented cast, do the rest.

http://starbulletin.com/98/11/30/features/story3.html

II. MOTION TO RECONSIDER ORDER OVERRULING OBJECTION TO APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE, AND DENYING ACCOMPANYING MOTIONS.

Based upon the newly discovered facts and arguments presented herein, Defendant again motions this Court to reconsider its Order Overruling Defendant’s Objection to the Appointment of David C. Farmer as Successor Trustee, and Denying Accompanying Motions.

III. MOTION FOR ORDER FOR PARTIES TO ATTEMPT SETTLEMENT THROUGH OUT-OF-COURT NEGOTIATION.

Due to the complex nature of this case, and the fact that it has taken over seven years in settlement, Defendant begs this Honorable Court to Order BOTH PARTIES to attempt to NEGOTIATE A FINAL SETTLEMENT prior to presenting any further Court Motions.

DATED: Springfield, Kentucky, December 8, 2007

_____________________________

BOBBY NORRIS HARMON,

Defendant

Additional Internet References:

1. http://www.kycbs.net/CV05-00030-Witness-Farmer-David.htm

2. http://www.kycbs.net/CV05-00030-Witness-Guttman-Steven.htm

3. http://www.kycbs.net/CV05-00030-Witness-Faris-Robert.htm

4. http://www.kycbs.net/MM-Mercer.htm

5. http://www.kycbs.net/Aloha-Air.htm

6. http://www.kycbs.net/RICO-BH.htm

7. http://www.kycbs.net/MarshBirds.htm