Telephone : xxxxx
Defendant, Pro Se
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
DAVID C. FARMER, Trustee
BOBBY N. HARMON
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 HOLD A PRE-HEARING SETTLEMENT
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 HOLD A
PRE-HEARING SETTLEMENT CONFERENCE
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 requested Pre-Hearing Settlement Conference was not held; however, on October 10, 2007, the court held a hearing 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)....”
On December 8, 2007, Defendant filed a new Motion for Reconsideration in which he argued:
“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)”:
~ ~ ~
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.
~ ~ ~
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, demonstrate 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. None 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....
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....
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, and has worked as a policy analyst for a Honolulu City Councilmember and a public affairs coordinator for the American Red Cross....
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...”
~ ~ ~
On December 13, 2007, Michael B. Dowling, Court Clerk, advised Defendant that the court has not approved his December 8, 2007, filing:
Dear Mr. Harmon:
As you are aware, an order entered in the case noted above on November 26, 2007, provides that the Clerk may not accept filings by in this bankruptcy case without court approval. Your letter dated December 8, 2007, together with your 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, dated December 8, 2007, has been reviewed by the court. The court has not approved the filing.
/s/ Michael B. Dowling
~ ~ ~
Defendant then argued:
Since submitting his Motion for Reconsideration on December 8, 2007, Defendant has discovered several facts that further demonstrate that David C. Farmer has failed to disclose material conflicts of interest in the case, and that Mr. Farmer is extremely biased and should not be allowed to continue as Successor Trustee. A partial list of these NEW discoveries, which have been communicated by e-mail to Mr. Farmer, Mr. Guttman, and to over 100 other parties, are as follows:
NEW DISCOVERY (12-23-07): Re: UNDISCLOSED PROFESSIONAL AND FINANCIAL RELATIONSHIPS WITH DAVID BANMILLER, PRESIDENT AND CEO OF ALOHA AIRLINES....
NEW DISCOVERY (12-18-07): Re: CHUBB INSURANCE GROUP and UNDISCLOSED PROFESSIONAL AND FINANCIAL RELATIONSHIPS BETWEEN WITNESSES DAVID FARMER, SIDNEY AYABE and JUDGE MARK RECKTENWALD....
....As the court records in the instant case show, Federal Insurance Company, a member of the Chubb Group and the insurer of Kamehameha Schools/Bishop Estate and P&C Insurance Company in my wrongful termination and RICO lawsuits. Therefore, it is clearly evident that the Chubb Group, David Farmer, Sidney Ayabe, and Mark Recktenwald all have professional and financial relationships that David Farmer has failed to disclose in this case.
In a letter dated January 4, 2008, Michael B. Dowling, Court Clerk, wrote to Defendant that the court has not approved his filing requested on December 26, 2007:
Dear Mr. Harmon:
As you are aware, an order entered in the case noted above on November 26, 2007, provides that the Clerk may not accept filings by in this bankruptcy case without court approval. Your letter dated December 26, 2007, together with your 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, dated December 26, 2007, has been reviewed by the court. The court has not approved the filing.
/s/ Michael B. Dowling
Since submitting my Motion for Reconsideration on December 26, 2007, I have discovered several important facts which provide further evidence that David C. Farmer has deliberately failed to disclose material conflicts of interest in the case, and that he is severely biased and should not be allowed to continue as Successor Trustee. A partial list of these important NEW discoveries, which have been communicated by e-mail to Mr. Farmer, Mr. Guttman, and to over 100 other parties, are as follows:
1. NEW DISCOVERY (12-27-07): Re: UNDISCLOSED PROFESSIONAL AND FINANCIAL RELATIONSHIPS WITH HAWAII PUBLIC RADIO AND THE NATURE CONSERVANCY:
Date Posted: 23:45:42 12/26/07 Wed
Subject: WHY WON'T HAWAII PUBLIC RADIO AIR LOCAL COQUI FROG STORY?
Coqui frog advocate Sydney Ross Singer claims Hawaii Public Radio is censoring a report from the Big Island about coquis that is being broadcast on public radio stations nationwide....
Singer, who operates the Coqui Hawaiian Integration and Reeducation Project (CHIRP) with his wife and co-director Soma Grismaijer at their coqui frog "sanctuary" on about 60 acres near Opihikao, sent me the following e-mail today addressed as an "Open Letter" to HPR board chair Josie Bidgood:
Aloha Ms Bidgood:
This August, 2007, a story on the Hawaiian coqui, entitled, Oh, Coqui!, began airing on NPR stations across the country as part of a major public radio series, Stories from the Heart of the Land. The 20 minute piece shows the dynamics and complexity of this issue through the stories of residents affected by changes brought by the coqui, capturing the essence of this Hawaiian crisis. It is produced by NPR veterans Dan Collison and Elizabeth Meister of Long Haul Productions, and funded by THE NATURE CONSERVANCY. The producers offered the story free of charge to Hawaii Public Radio, which has stated that the station is not interested in the story and refuses to air it....
This is CENSORSHIP....
When it comes to the coqui, HPR is inflaming the public, not informing the public. This is the essence of propaganda and censorship, and should not be tolerated at HPR. It is a disservice to the people of Hawaii and to your listeners....
Sydney Ross Singer and Soma Grismaijer
2. NEW DISCOVERY (12-29-07): Re: DAVID FARMER HAS UNDISCLOSED PROFESSIONAL RELATIONSHIPS WITH TIM JOHNS, PRESIDENT, CEO, BISHOP MUSEUM; FORMER CEO OF SAMUEL MILLS DAMON ESTATE; FORMER CHAIRPERSON, HAWAII STATE DEPARTMENT OF LAND & NATURAL RESOURCES.
3. NEW DISCOVERY (01/04/08) - UNDISCLOSED RELATIONSHIP WITH ANOTHER WITNESS: DAVID C. FARMER WAS A TEAMMATE OF JUNE JONES WITH THE ATLANTA FALCONS:
August 24, 2007
Farmer’s forte is blocking
By Jason Kaneshiro, Star-Bulletin
David Farmer's particular skill set won't get him on the highlight tape very often.
But it could make him the first running back to take the field when Hawaii opens the season a week from tomorrow....
"It's kind of become my niche, my role on the team," Farmer said of serving as quarterback Colt Brennan's personal bodyguard.
UH coach June Jones said all three will likely rotate, and whoever is first on the field will depend on his game plan....
Farmer -- whose father, Dave, played at USC and was Jones' teammate with the Atlanta Falcons in the late '70s -- played fullback at Aptos (Calif.) High School and could have accepted academic scholarships to several schools. Instead, he chose to walk on at Hawaii....
August 28, 2007
FARMER EARNS A SCHOLARSHIP
By Dave Reardon, Star-Bulletin
Hawaii walk-on junior running back David Farmer received a scholarship, coach June Jones announced to the team after practice this morning....
“He’s worked hard and he’s a great kid,” Jones said....
(Coaches) told me for a long time I was close. I never got discouraged because if you’re doing it just for a scholarship, you’re doing it for the wrong reason.”...
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 ALL PARTIES TO HOLD A PRE-HEARING SETTLEMENT CONFERENCE.
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 ALL PARTIES to hold a PRE-HEARING SETTLEMENT CONFERENCE for the purpose of attempting to REACH A FINAL SETTLEMENT AGREEMENT before accepting any further Motions by any parties in this case.
DATED: Springfield, Kentucky, January 12, 2007
BOBBY NORRIS HARMON,
Additional Internet References: