CV05 00030 Witness Plotts Diane - The Catbird SeatThe Catbird Seat

Office of The United States Trustee vs. Harmon

(Formerly Woo vs. Harmon)

CV05-00030 DAE KSC

U.S. District Court For the District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

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HEARING ON MOTION FOR JUDGMENT

DATE: July 24, 2006, 09:45 AM

JUDGE: Hon. David Ezra

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DEFENDANT’S WITNESS

DIANE J. PLOTTS

Trustee, Kamehameha Schools. A general partner in the Mideast & China Trading Company – formerly Hemmeter Investment Company – Diane J. Plotts received her Bachelor of Science degree in accounting from San Jose State University in 1958, and served as a finance officer in the US Air Force. Moving to Hawaii in 1962, she began her long partnership with Hemmeter-related companies a year later. Her work included the development of subsidiary entities including Kings Alley (now Kings Village), Hyatt Regency Waikiki, Hyatt Regency Maui, Hyatt Regency Wailoloa (now Hilton), Westin Maui and Westin (now Marriott) Kauai.

A founding director of Bank of Honolulu; director, Hawaiian Electric Industries, Inc.; currently holds business directorships with Hawaiian Electric Industries, Inc. as past chair of HEI’s Audit Committee and current chair of its Compensation Committee. She currently chairs the audit committees for Hawaiian Electric Company, Inc and American Savings Bank.

Diane Plotts is active in community service and has served the National Symphony Orchestra-Kennedy Center, Washington, D.C.; Hawaii Health Systems Corp; Aloha United Way; University of Hawaii Board of Regents; University of Hawaii Foundation; Nature Conservancy of Hawaii; Hawaii Community Foundation; National Business Committee; Waikiki Improvement Association; and the Center for International Dispute Resolution.

Her current not-for-profit directorships include the Honolulu Country Club and the Plaza Club.

Kamehameha Schools
567 North King Street, Suite 310
Honolulu, HI 96813

This witness is expected to testify as to the facts and circumstances of the Settlement of Harmon’s RICO lawsuit, and regarding the actions taken by Defendant subsequent to entering into the Settlement Agreement, including Defendant’s alleged breaches of the Agreement through his so-called “letter writing campaign”. Although she was not one of the three trustees who signed the Agreement, as a trustee at the time, she will be asked to provide evidence that she had the legal authority to agree to the signing the Settlement and Indemnity Agreement on behalf of the former trustees, and had the express written authorization of KSBE’s liability insurance carriers, Federal Insurance Co. (Chubb Group), and XL Insurance Co. to approve the Agreement. Diane Plotts is expected to testify regarding Kamehameha Schools’ racially-biased hiring and school admissions policy. Diane Plotts is also expected to furnish evidence of the appointment of her attorney in Case No. 99-04339, and that this attorney was approved by Kamehameha School’s insurance carrier. She is expected to testify regarding her personal, business, professional, financial and social relationships with Constance Lau, American Savings Bank, Chris Hemmeter, Louisiana Governor Edwin Edwards, George Ariyoshi, John Waihee, Ben Cayetano, Frank Fasi, Hamilton McCubbin, Dee Jay Mailer, Edwina Clarke, Michael May, Hawaiian Electric Co, Christopher Hemmeter, Stanley Hong; Linda Lingle; Bob Awana; Maui County Council, Maui Planning Commission, Charles Ota, Jon Van Dyke, Hawaii Land Use Commission, Peter Savio, Bill Mills, Calvin Say, Stanford Carr, Renton Nip, Judith Neustadter Fuqua, Gilbert Tam, Sandwich Isles Communications, Al Hee, Clayton Hee, Summit Communications, Nathan Aipa, Randall Chang, Judge Kevin S. Chang, Judge David A. Ezra, Steven Guttman, Susan Tius, Colbert Matsumoto, Island Insurance, Michael Tanoue, Rocco Sansone, Marsh & McLennan, Aon, Oswald Stender, Haunani Apoliona, Office of Hawaiian Affairs (OHA), Bank of Honolulu, Sukamto Sia, Donna Tanoue, Guido Giacometti, Jeremy Harris, and others to be named after formal discovery.