United States of America v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada

Filing 515

ORDERED that the parties' objections related to the prospective land commissioners are due by 9/24/2019. Signed by Chief Judge Miranda M. Du on 9/17/2019. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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UNITED STATES OF AMERICA,

Case No. 2:15-cv-01743-MMD-NJK

Plaintiff,

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ORDER

v.
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400 ACRES OF LAND, more or less,
situate in Lincoln County, State of Nevada;
and JESSIE J. COX, et al.,

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Defendants.
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The Court granted the Government’s motion to appoint a land commission in its

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order resolving the parties’ motions in limine. (ECF No. 497 at 8.) The Court then held a

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status conference at which the Court discussed the appointment of three land

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commissioners to serve on the land commission. (ECF No. 501.) The Court now advises

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the parties of the identity and qualifications of each prospective commissioner: (1) The

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Honorable Philip M. Pro; (2) The Honorable Peggy A. Leen; and (3) The Honorable Justice

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Michael L. Douglas.1 Fed. R. Civ. P. 71.1(h)(2)(C).

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The Court has confirmed that these individuals do not have any conflicts with the

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parties or the dates identified in the scheduling order (ECF No. 506). Accordingly, the

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Court determines that an alternate is not necessary.

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It is therefore ordered that the parties’ objections related to the prospective land
commissioners are due within seven days.
DATED THIS 17th day of September 2019.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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copy of their curriculum vitae is attached to this order. Judge Pro’s professional
time is billed at $525 per hour. Judge Leen and Justice Douglas’s professional time is
billed at $500 per hour.
1A

Hon. Philip M. Pro (Ret.)
Case M anager
Scott Parreno
T: 702-835-7806
F: 702-437-5267
3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV
89169
[e-mail]

Biography
Hon. Philip M . Pro (Ret.) joined JAMS following a distinguished federal judicial career spanning nearly 35
years, during which he earned a reputation for active case management, fairness, preparation, decisiveness,
and a deep understanding of the law. As a United States District Judge for more than 27 years, he presided
over a full range of cases involving intellectual property, commercial disputes, antitrust, securities, employment,
class actions, multi-district litigation, and many others. Prior to his service on the Bench, Judge Pro had a
distinguished career as a former Assistant U.S. Attorney for Nevada, Deputy Attorney General for the State of
Nevada Gaming Division and a civil litigator.
As the only full-time United States Magistrate Judge in Las Vegas, Nevada, from 1980 to 1987, Judge Pro also
presided over a wide range of pre-trial matters and settlement conferences in virtually all civil cases filed in
federal court, including the MGM Grand Hotel Fire Litigation, MDL 453.
Judge Pro has traveled to over 20 countries to promote the rule of law through educational programs teaching
independent judicial administration and case management. His experience and global perspective prove vital in
resolving many different types of cases.

ADR Experience and Qualifications
Judge Pro presided over and resolved by settlement, judgment, or trial, thousands of cases involving a
wide range of issues, including:
Antitrust
Banking
Bankruptcy
Business/commercial

Hon Ph l p M Pro (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 1 of 5

Class actions and collective actions
Corporate governance
Employment and labor disputes
Intellectual property: Copyright, patent, trademark, unfair competition
International discovery
Medical malpractice
Multi-district litigation: Antitrust, employment, mass tort, securities
Personal injury
Products liability
Securities

Representative Matters
Antitrust
Held that Natural Gas Act preempts state-law claims challenging alleged industry price fixing practices that
directly affect wholesale natural gas market. In re Western States Wholesale Natural Gas Antitrust
Litigation, MDL 1566
Multi-district litigation (MDL) case alleging antitrust conspiracy to artificially inflate energy prices and
seeking remand to state court. In re California Retail Natural Gas and Electricity Antitrust Litigation, MDL
1406
Adjudicated gasoline retailers antitrust action against competitor alleging predatory pricing of gasoline in
violation of Sherman Act and Clayton Act. Rebel Oil v. Atlantic Richfield Co., 957 F.Supp. 1184 (1997)
Business/Commercial
Dispute related to authorization for banks to charge customers of other banks for usage of their
automated teller machines (ATM). Valley Bank v. Plus Systems, 749 F.Supp. 223
Breach of contract action against real estate companies arising from dispute regarding 2,000 acre
development
Federal savings association action against former bank employees alleging breach of fiduciary duty and
violation of Nevada Uniform Trade Secrets Act
Countless actions related to breach of contract and breach of fiduciary duty
Numerous deficiency judgment actions on guarantees securing loans for real estate development
Numerous insurance coverage and bad faith claims
Settled action over liability of members of joint venture developing a large condominium complex following
summary judgment
Adjudicated claims for interference with contractual relations arising in connection with real estate
development auction
Employment/Labor
Disputes alleging age and gender discrimination, and hostile work environment
Disputes arising from retaliation claims
MDL action related to allegations that nationwide retailer systematically failed to pay overtime hours and
altered employees time records. In re Wal-Mart Wage and Hour Employment Practices Litigation, MDL
1735
Sex discrimination case brought against owner/publisher of newspaper
Numerous sexual harassment and discrimination cases
Former employees’ class actions alleging systematic wage and hour violations under federal and state
law
Lawsuits alleging disability discrimination under Americans with Disabilities Act (ADA)
Lawsuits brought by employees alleging failure to make reasonable accommodation for disabilities under
the Fair Employment and Housing Act (FEHA) and Employee Retirement Income Security Act (ERISA)

Hon Ph l p M Pro (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 2 of 5

Multiple collective actions and class actions brought under Fair Labor Standards Act
Numerous actions brought under Labor Management Relations Act
Numerous actions alleging breach of the duty of fair representation
Actions involving employee group health coverage claims under ERISA
Governmental and Environmental Litigation
Suit by property developer and City of Las Vegas against railroad seeking remediation costs for railroad’s
contamination of property. City Parkway v. Union Pacific Railroad, 911 F.Supp.2d 1022 (2012)
Construing claims by former employees working at classified United States Air Force facility against EPA
alleging violations of Resource Conservation and Recovery Act. Kaza v. Browner, 932 F.Supp. 254
(1996)
Citizen suit brought under Resource Conservation and Recovery Act (RCRA) and Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA). Frost v. Perry, 919 F.Supp. 1459
(1995)
Lawsuit related to project to widen section of federal interstate highway. Sierra Club v. U.S. Dept. of
Transportation, 245 F.Supp.2d 1109
Action by organizations in Mexico and the United States regarding project to modify the “All American
Canal” to prevent seepage of water to the Mexicali Valley. Consejo de Desarrollo Economico de Mexicali
v. U.S., 438 F.Supp.2d 1207 (2006)
Construing claims related to water diversion, transportation, and storage rights and authority of Nevada
State Engineer with respect thereto. U.S. v. Alpine Land & Reservoir Co., 919 F.Supp. 1470 (1996)
Holding absolute FCC ban on proposed gaming advertisements violated broadcasters’ rights to
commercial free speech. Valley Broadcasting v. U.S., 820 F.Supp. 519 (1993)
Construing claims by various county and city defendants in eminent domain proceeding relating to
easement for construction of the Kern River Natural Gas Pipeline
Intellectual Property
Copyright
Adjudicated various cases on diverse copyright areas
Disputes arising from website design
Patent
Court trial declaratory judgment finding that patents related to machine vision and automatic
identification bar code technology were invalid, unenforceable, and not infringed. Symbol
Technologies v. Lemelson, 301 F. Supp. 2d 1147 (2004)
Lawsuit by owner of card game patents alleging infringement by competitor
Patent infringement suit by owner by assignment of six patents for “Electronic Surface Mount
Packages”. Halo Electronics v. Bel Fuse (2013)
Infringement suit by owner of patent for electronic gaming network and patent for lottery-type
wagering game against competitor. Fortunet v. Melange Computer Services, 412 F.Supp.2d 1071
(2005)
Class action by investor partners against patent owner alleging breach of fiduciary duty and of
partnership agreement as result of alleged failure to enforce royalty agreement
Claim construction and summary judgment on patent infringement action involving patents for
systems and methods of data analysis and data visualization
Claim regarding patents covering various navigation processes and devices related to construction
Multiple actions regarding allegations of patent infringement, trademark infringement, and unfair
competition
Trade Secrets
Claims of developer of Kentucky Fried Chicken skinless fried chicken product against restaurant
franchisor for misappropriation of trade secrets
Trademark
Action brought by owner of registered trademark consisting of name of musician Bob Marley for
infringement, unfair competition, and unauthorized use of right to publicity under Nevada law
Disputes involving website names and access
Actions over competitors’ uses of similar trade names

Hon Ph l p M Pro (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 3 of 5

Various trade dress cases between competitors concerning product design and packaging
Trademark infringement action between owners of competing adult entertainment websites
Securities
Dispute related to alleged hostile takeover and defensive measures, and to compel annual meeting.
Hilton Hotels v. ITT Corp., 978 F.Supp. 1342 (1997)
Class action alleging securities fraud, insider trading, and pendent state claims for common-law fraud and
negligent misrepresentation
Actions alleging securities fraud through issuing false or misleading statements about reserves,
revenues, and income. In re Stratosphere Corp. Securities Litigation, 66 F.Supp.2d 1182 (1999)
Action alleging golf club owners conspired to fraudulently induce investors to purchase country club at
inflated price
Securities fraud class action alleging price-fixing
MDL action for securities fraud brought by investors who purchased stock
Torts/Personal Injury
Claims for negligent infliction of emotional distress, and conscious disregard for safety of invitees and
guests at 1991 Tailhook Convention. Paula Coughlin v. Tailhook Assoc. & Hilton Hotels, 879 F.Supp.
1047 (1995)
Court trial adjudicating claims of former workers at Nevada nuclear test site alleging negligence in
protecting workers engaged in atmospheric and underground nuclear testing
Action alleging conspiracy to defame Gennifer Flowers in books and television interviews. Flowers v.
Carville, et al., 292 F.Supp 2d 1225 (2003)

Honors, Memberships, and Professional Activities
Appointed, Nevada Gaming Commission, 2015-2019
Recognized in Nevada Law Journal 511 (2012) Saluting Judge Pro’s Quarter Century of Nevada District
Service
Board Member, Saltman Center for Conflict Resolution at the Boyd School of Law, 2006-present
Participated in “Rule of Law” programs with foreign judiciaries in over 20 countries including Hungary,
Georgia, Bosnia, Netherlands, Spain, South Africa, Malawi, Jordan, Pakistan, Norway, Indonesia, Armenia,
Azerbaijan, Ukraine, Latvia, and Columbia, since 1999
Chair, State Bar of Nevada Law Related Education Consortium, 2010-2014
Board, Federal Judicial Center, 2007-2011
Chair, Ninth Circuit Wellness Committee, 2005-2010
Co-moderator, U.S. Department of Justice Colloquium for Iraqi Jurists in Washington, D.C., 2003
Member of the Ninth Circuit Jury Instructions Committee, 1987-2002
Vice President, Federal Judges Association, 1997-2001, and Board Member, 1992-2001
Co-chair, Founding Advisory Board, William S. Boyd School of Law, University of Nevada at Las Vegas,
1997-1999
Member, Boyd Law School Advisory Board
Chair, United States Judicial Conference Committee on the Administration of the Magistrate Judges
System, 1993-1998
Founding Member, Howard McKibben Nevada American Inn of Court
President, 1988-1990
Publications:
Co-author, “Measured Progress, the Evolution and Administration of the Federal Magistrate Judges
System”, The American University Law Review, 1995
Author, “Misunderstanding Judging,” Nevada Law Journal, 2007

Background and Education
Judge, United States District Court, District of Nevada, 1987-2014

Hon Ph l p M Pro (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
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Senior United States District Judge, 2012-2014
Chief Judge, District of Nevada, 2002-2007
Magistrate Judge, United States District Court, District of Nevada, 1980-1987
Assistant United States Attorney, Reno, 1980
Deputy Attorney General, Gaming Division, State of Nevada, 1979-1980
Partner, Semenza, Murphy and Pro, 1977-1979
Assistant United States Attorney, Las Vegas, Nevada, 1975-1977
Deputy Public Defender, Clark County, Nevada, 1973-1975
Law Clerk for the Honorable William P. Compton, Eighth Judicial District Court in Las Vegas, Nevada,
1972-1973
LL.M., Duke University School of Law, 2014
J.D., Golden Gate University School of Law, 1972

Available nationwide ›

Disclaimer
This page is for general information purposes. JAMS makes no representations or warranties regarding its
accuracy or completeness. Interested persons should conduct their own research regarding information on this
website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Hon Ph l p M Pro (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 5 of 5

Hon. Peggy A. Leen (Ret.)
Case M anager
Mara E. Satterthwaite, Esq.
T: 702-835-7803
F: 702-437-5267
3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV
89169
[e-mail]

Biography
Hon. Peggy A. Leen (Ret.) joins JAMS after serving more than 18 years as a United States magistrate judge in
the District of Nevada, where magistrate judges are utilized to the full extent of their jurisdictional authority.
Magistrate judges in the District of Nevada conduct 100% of the district’s alternative dispute resolution, and as a
result, Judge Leen has conducted more than 900 settlement conferences and early neutral evaluations over the
last 18 years, settling hundreds of cases. Before appointment to the bench, she was a trial lawyer for more than
20 years, during which time she litigated both civil and criminal cases. As a civil trial lawyer, she litigated
primarily multi-party, complex litigation, including construction, product liability, mass disaster, toxic tort/PCB,
nuclear radiation, employment, insurance/insurance bad faith, eminent domain, malpractice and
commercial/business matters.
Judge Leen has developed a reputation as an effective settlement judge who is always fully prepared, with a
firm grasp of the facts, legal issues and applicable law involved in each case. She is known for innovative
approaches to complicated cases and ability to tactfully but firmly handle emotionally charged and difficult
cases. She is evaluative, candid and direct about the strengths and weaknesses of parties’ cases, while still
willing to listen and make sure that parties feel they have been heard and understood. As a settlement judge
and mediator, she is thorough, organized, empathetic and focused on realistic resolutions. She excels in
assisting counsel to manage the expectations of their clients about realistic outcomes, both in litigation and
settlement.

ADR Experience and Qualifications
Served as a federal magistrate judge. Presided over trial, evidentiary hearings, a wide variety of civil cases. She
was automatically referred all case management, discovery and non-dispositive motions in all civil cases to
which she was assigned.

Hon Peggy A Leen (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 1 of 4

Conducted in excess of 900 settlement conferences and early neutral evaluations involving a wide range of civil
disputes, including those in the following areas:
Antitrust
Business/Commercial
Class Actions
Civil Rights: excessive force, wrongful death, First and Fourth Amendments, conditions of confinement
False Claims Act
FLSA Collective Actions
Employment and Labor
Intellectual Property: copyright, trademark, patent, unfair competition
Insurance/Insurance Bad Faith
Malpractice: architectural, engineering, medical, legal
Multi-District Litigation
Personal Injury
Products Liability

Representative Settled Matters
Business/Commercial
Nine-figure global settlement of multi-party litigation filed in multiple federal districts and related
bankruptcy involving the development of Lake Las Vegas
Global settlement of multi-party litigation brought by investors and lenders alleging breach of contract,
negligent and fraudulent representation and other claims arising out of plan to convert golf course to
residential development
Suit brought by corporate officer and general counsel of a technology consulting firm for breach of
contract, negligent and false representation, fraud, retaliation and other claims against firm alleging
failure to pay agreed compensation and benefits and provide equity interest in company
Multiple cases involving breach of commercial lease agreements
Several Miller Act and payment and performance bond cases

Civil Rights
First Amendment and due process suit brought by plaintiff circulating petition for automatic voter
registration challenging public library’s time, place and manner restrictions on circulating petitions
Lawsuit against City of Las Vegas alleging First Amendment and due process violations arising out of city
ordinance and enforcement practices regulating and restricting street entertainers’ activities at the
downtown Fremont Street Experience in Las Vegas
Wrongful death/excessive force claims brought by mother and fiance against police department arising
out of shooting death during execution of a search warrant
Multiple cases against police departments and individual officers for alleged excessive force, false
arrest/imprisonment, abuse of power, due process and search and seizure violations
Multiple cases filed by parents of children with autism and other disabilities against school district and
individual employees for alleged failure to provide a free and adequate public education
Multiple lawsuits against school district and individual employees filed by parents of autistic children
alleging physical and emotional abuse of their children
Lawsuit against county, individual defendants employed by department of family and juvenile services and
owner/operators of group home for violation of the Fourteenth Amendment/duty to protect arising out of
the sexual assault of a 10-year-old boy in foster care at a group home by an older foster child with whom
he was housed

Hon Peggy A Leen (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 2 of 4

Numerous cases brought by pretrial detainees and convicted persons and representatives of their
estates against department of corrections and municipalities operating local jails and detention centers
alleging deliberate indifference/failure to provide adequate medical care for serious medical issues

Employment
Dozens of cases brought under Title VII and related state statutes alleging race, sex, religious and
national origin discrimination and retaliation
Dozens of cases brought for sexual harassment
Dozens of age discrimination cases
Dozens of cases brought under the ADA
Multiple lawsuits filed by the EEOC on behalf of charging parties and similarly situated employees seeking
injunctive relief and monetary damages for alleged violations of Title VII brought against gaming industry
employers, cab company, automobile dealership and other employers
Multiple collective and class action lawsuits brought under the FLSA and related state and federal wage
and hour laws for alleged violations by gaming industry employers, timeshare companies, limousine
service, security guard company, retail chain and other employers
Several collective bargaining agreement scope-of-work disputes between different unions
Multiple lawsuits brought by union trust funds to compel required trust fund contributions

Health Care
Suit brought by Department of Justice against pain management specialist claiming systematic overbilling
of Medicare and Medicaid
Resolved multiple cases management and discovery disputes in case brought by relator and Department
of Justice under the False Claims Act against a large national health care provider alleging pervasive and
systematic false/unlawful certification of nursing home patients for end-of-life hospice care

Insurance
Multiple lawsuits involving coverage disputes over the duty to defend and/or indemnify underlying thirdparty litigation in construct defect, personal injury, defamation and other tort cases
Multiple lawsuits involving coverage disputes in first-party litigation
Multiple lawsuits involving disputes among insurance carriers litigating each company’s equitable share
contribution to settlements or judgments
Dozens of cases alleging breach of contract and/or bad faith for failure to settle first party personal injury,
defamation, homeowners’ claims and UM/UIM claims

Intellectual Property
Copyright infringement action brought by architectural firm alleging owner of project unlawfully converted
and appropriated architectural plans for use on another commercial project
Patent infringement action against gaming equipment manufacturer involving sales of card-shuffling
devices used in live casino table games
Several patent infringement cases involving software applications/methods of playing casino games

Personal Injury/Products Liability/Tort
Suit brought by patron of strip club who alleged he was beaten and rendered a quadripalegic by club

Hon Peggy A Leen (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 3 of 4

bouncer
Product liability action brought by U.S. Air Force airman against aviation company/government contractor
for severe and disfiguring burn injuries sustained while performing airplane maintenance on base
Action filed by U.S. Marine against commercial trucking company, truck driver and driver of the vehicle in
which she was a passenger for life-threatening, permanent injuries and loss of Marine career suffered in
multi-vehicle accident
Negligence and malpractice claims brought by parents for failure to detect fetal distress during hospital
admission allegedly resulting in death of the unborn child
Negligence and malpractice claim brought by parents of an infant who died of an IV overdose of
prescription medication administered at hospital
Negligence and malpractice action brought against law firm former by former client alleging failure to
timely assert potentially case dispositive claims and defenses
Suit by mother of severely autistic 13-year-old against school district for negligence and negligent
supervision arising out of child’s assault by teaching aid convicted of lewdness with a minor
Suit by parents of 17-year-old student against school district for negligent hiring and supervision arising
out of a sexual relationship between school coach and student
Multiple premises liability cases brought against hotel/casinos, apartment complexes and commercial
business establishments for failure to provide adequate security resulting in personal injury and/or loss of
property
Multiple slip and fall cases brought by patrons of grocery store and retail chains

Honors, Memberships, and Professional Activities
Member/Fellow, International Society of Barristers, 1994–present
Member/Fellow, International Academy of Trial Lawyers, 1998–present
Member/Fellow, American Academy of Trial Lawyers, 1999–present
President, Howard D. McKibben Nevada American Inn of Court, 2002–2004
Member, Magistrate Executive Board, Ninth Circuit Court of Appeals, 2012–2015
Judicial Participant, Duke Law/EDRM and Bolch Judicial Institute effort to develop technology-assisted
review (TAR) guidelines for judges and lawyers (requested to review and comment on draft proposed
guidelines)
Judicial Participant, Duke Law Center for Judicial Studies Program, Implementing the 2015 Amendments
to the Federal Rules of Civil Procedure, San Francisco, 2017
Panel Member, Roundtable on Intellectual Property and Trade Shows; USPTO Office on Trade Show
Infringement; Alexandria, VA; 2017

Background and Education
Magistrate Judge, United States District Court, District of Nevada, 2001–2019
Chief Deputy District Attorney, Nevada District Attorneys’ Office, Clark County, 1996–2000.
Associate, Shareholder and Managing Shareholder; Thorndal, Backus, Maupin & Armstrong; 1981–1995
Deputy Public Defender, Nevada Public Defender’s Office, Clark County, 1979–1981
Law Clerk and Student Intern, Nevada Public Defender’s Office, Clark County, 1976–1979
J.D., University of San Diego School of Law, 1979
B.A., University of Nevada, Las Vegas, 1976

Available nationwide ›

Disclaimer
This page is for general information purposes. JAMS makes no representations or warranties regarding its
accuracy or completeness. Interested persons should conduct their own research regarding information on this
website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Hon Peggy A Leen (Ret ) JAMS Neutral General B ography
3800 Howard Hughes Parkway • 11th Floor • Las Vegas NV 89169 • Tel [phone] • Fax [phone] • www jamsadr c om
Page 4 of 4