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Date Posted: 13:11:10 11/19/07 Mon
Author: Bobby N. Harmon
Subject: DAVID C. FARMER vs. HARMON - 3rd Motion to Reconsider
Date: Sun, 18 Nov 2007 19:25:42 -0800 (PST)
From: "Bobby Harmon"
Subject: David C. Farmer vs. Harmon - New Motion for Reconsideration of David C. Farmer as Successor Trustee
To: "David Farmer" , "Michael Dowling" , "James Cribley" , "Lawrence Goya" , "Pension Benefit Guaranty Association" , "Robert Bruce Graham" , "Nathan Aipa" , "Michael Mukasey" , "Curtis Ching" , "Steven Guttman" , "Hugh Jones" , "Linda Lingle" , "James B Nicholson" , "Excutive Office for U.S. Trustees" , "David A. Ezra" , "Kevin S.C. Chang" , "Barry M. Kurren" , "Sue Beitia" , "Office of Inspector General US Dept of Justice"
CC: "Patrick Leahy" , "Pamela A. McCullough" , "Rodney Stich" , "Marshall Chriswell" , "Dee Jay Mailer" , "Michael Moore" , "jail4judges" , "Richard Turbin" , "Joe Moore" , "James Duke Aiona" , "Jeffrey S. Portnoy" , "Malia Zimmerman" , "Kenneth Hipp" , "Ken Conklin" , "William H. Donaldson" , "Ian Lind" , "J P Schmidt" , "Jim Terrack" , "Matt Tsukazaki" , "Andrew Walden" , "All Senators" , "All Representatives" , "Colbert Matsumoto" , "Thomas Fitton" , "Na Kumu Book Project" , "Stew Webb" , "Judson Witham" , "J C Shannon" , "Jeff Biener" , "Lucy Komisar" , "Laser Steven Hass" , "V K Durham" , "Eric Shine" , "Richard Grove" , "Bradley Tamm" , "Susan Tius" , "Paul Alston" , "John Goemans" , "Roy F. Hughes" , "James B. Farris" , "Judith Neustadter" , "William K Slate" , "Lissa Andrews" , "John D. Finnegan" , "Terry Mullen" , "Margery Bronster" , "Michael N. Tanoue" , "Dan Akaka" , "Neil Ambercrombie" , "Lyn Flanigan Anzai" , "Lorraine Inouye" , "Samuel P. King" , "Arthur Rath" , "Randall Roth" , "Sally Apgar" , "Rick Daysog" , "Jim Dooley" , "Robin Campaniano" , "Wayne Parsons" , "Blossom Tong" , "Duane Miyashiro" , "Edwina Clarke" , "Craig Watanabe" , "Sammye Richardson" , "Daniel Hopsicker" , "William Bennett Turner" , "Richard L Righter" , "Dirk Kempthorne" , "Jeffrey Sia" , "Dave Shapiro" , "Jim Babka" , "Carole Williams" , "Roy Temple" , "Michelle Tucker" , "CND 48 Hours" <48Hours@CBSnews.com>, "Mark Burch" , "Truth" , "Amanda Carpenter"
Dear Mr. Farmer and All Concerned:
Due to the new discovery of important FACTS (not "phantom dots" or "conspiracy theories") related to this case, I am filing the attached new MOTION FOR RECONSIDERATION OF ORDER OVERRULING OBJECTION TO APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE BASED ON NEW DISCOVERY OF FACTS.
Mr. Farmer, in light of these newly discovered FACTS, and in my many previous e-mails and court filings, I would again urge you, and Steven Guttman, to accept my proposal that we attempt to NEGOTIATE a final resolution to this complex, illegal "SLAPP" lawsuit in order to avoid even further legal costs and delays.
BOBBY N. HARMON, CPCU, ARM
Telephone : xxx
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 SANCTIONS AND DAMAGES; CERT. OF SERVICE
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 SANCTIONS AND DAMAGES
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. For the sake of time and expense, I list only two of 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.
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 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 SANCTIONS AND DAMAGES.
In the event that Plaintiff and Defendant are unable to promptly negotiate a fair and reasonable settlement of this complex, costly and long-running case, Defendant hereby motions that the Court sanction Curtis Ching, Gayle Lau, Carol Muranaka, Mary Lou Woo, James B. Nicholson, David C. Farmer, Steven Guttman, Gregory Dunn, Bradley Tamm, Roy Hughes, and Arnold Phillips for misconduct and contempt of court, and that Defendant be awarded Damages under 11 U.S.C. § 329 (31) for misconduct by attorneys, and against the United States Department of Justice (32) under Hawaii Revised Statutes Vol. 13, Chap. 634F (33) for violation of Hawaii’s anti-SLAPP statute.
DATED: Springfield, Kentucky, November 19, 2007
BOBBY NORRIS HARMON,
Additional Internet References:
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