United States v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada
Opinion
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6 UNITED STATES OF AMERICA, Case No. 2:15-cv-01743-MMD-NJK
7 Plaintiff, ORDER v. 8 400 ACRES OF LAND, more or less, 9 situate in Lincoln County, State of Nevada; and JESSIE J. COX, et al., 10 Defendants. 11 12 The Court recently received the attached disclosure statements from Land 13 Commissioners the Honorable Philip M. Pro and the Honorable Peggy A. Leen.1 The Court 14 has reviewed the disclosures. The Court notes that Judge Pro indicates he is a partial 15 owner of JAMS, and that Judge Leen indicates she is not. The Court finds that nothing in 16 the disclosures necessitates the Court take any action at this time, but passes them on to 17 the parties through this order—for the parties’ consideration. 18 The Clerk of Court is directed to provide a copy of this order to the Land 19 Commissioners by email: (1) The Honorable Philip M. Pro; (2) The Honorable Peggy A. 20 Leen; and (3) The Honorable Justice Michael L. Douglas. 21 DATED THIS 12th day of November 2019. 22
23 MIRANDA M. DU 24 CHIEF UNITED STATES DISTRICT JUDGE 25
26 1The Land Commissioners explain in a cover letter accompanying their disclosures that they are sending them out of an abundance of caution, and in response to the Ninth 27 Circuit’s decision in Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019). There, the Ninth Circuit held as a matter of first impression that arbitrators must 28 disclose ownership interests in arbitration organizations and those organizations’ business deals with parties to the arbitration. ® of:}e
Dear Chief Judge Du: On October 22, 2019, the United States Court of Appeals for the Ninth Circuit issued an Opinion in Monster Energy Company v. City Beverages, LLC, 2019 WL 5382062, holding in a matter of apparent first impression that arbitrators must disclose ownership interests in arbitration organizations. Although the Circuit’s ruling may not directly address the circumstances of this case wherein we are appointed by you as Land Commissioners under Federal Rule of Civil Procedure 71.1(h), we think it appropriate to disclose our respective ownership interests in JAMS. Therefore, we are enclosing a disclosure statement and declaration that would normally be provided as a JAMS neutral to you through Deputy Clerk, Peggie Vannozzi, of our respective ownership interests in JAMS for such use as you deem appropriate. We would be pleased to provide any additional information or answer any questions you may have at your convenience. Kindest regards,
Pega Uéen Philip M. Pro
® al ine LAND COMMISSION DICLOSURE CHECKLIST Arbitrator Disclosure Checklist pursuant to: Code of Ethics for Arbitrators in Commercial Disputes e JAMS Ethical Guidelines for Arbitrators Case Title: United States of America vs. 400 Acres of Land, et al. Case No. 2:15-cv-01743-MMD-NJK JAMS Ref. #: 1260005540 Panelist Name: Peggy Leen for appointment as Land Commissioner under FRCP 71.1(h) Checklist supplements disclosure report 16A Yes No 1. Arbitrator or member of arbitrator’s family [The term “member of the arbitrator’s family” includes the arbitrator’s immediate family or member of the arbitrator’s household] is a party, a party’s spouse or domestic partner, an officer, director or trustee of a party? () (9 2. Arbitrator or member of arbitrator’s family is a lawyer in the arbitration, related to a lawyer in the arbitration or currently associated in the private practice of law with a lawyer in the arbitration? () 3. Arbitrator or a member of arbitrator’s family has or has had a significant personal relationship with any party or lawyer for a party? () (7 4. Arbitrator is serving or within preceding 5 years has served: (A) As a neutral arbitrator in another arbitration involving a party, lawyer for a party, or law firm for a party to the current arbitration? () (B) As a party-appointed arbitrator in another arbitration for either a party, lawyer for a party, or law firm for a party to the current arbitration? () (yo (C) As a neutral arbitrator in another arbitration in which s/he was selected by a person serving as a party-appointed arbitrator in the current arbitration? () ¢ yo (D) As a dispute resolution neutral other than an arbitrator in another pending or prior case involving a party, lawyer for a party, or law firm in the current arbitration. ( ) (yo 5. Arbitrator has or has had an attorney-client relationship with a party or lawyer for a party to the current arbitration, including representing the party; an officer, director or trustee of a party; or the arbitrator provided legal advice to a party or a lawyer in the arbitration concerning any matter involved in the arbitration? () 6. Arbitrator or member of the arbitrator’s family has or has had any other professional relationship with a party or lawyer for a party, including as an expert witness or consultant? () ¢ iy 7, Arbitrator or member of arbitrator’s family has a financial interest in a party? (The term “financial interest” means ownership of a legal or equitable interest, or a relationship as a director, adviser, or other active participant in the affairs of a party. [See, 28 U.S.CA. sec. 455.] () (yy 8. Arbitrator or member of arbitrator’s family has personal knowledge of disputed evidentiary facts relevant to the arbitration? A person likely to be a material witness in the proceeding is deemed to have personal knowledge of disputed evidentiary facts. () ¢
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Yes No 9. Is there any other matter that: (A) Might cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial? () ¢ (B) Leads the proposed arbitrator to believe there is a substantial doubt as to his or her capacity to be impartial, including, but not limited to, bias or prejudice toward a party, lawyer, or law firm in the arbitration? () (% (C) Otherwise leads the arbitrator to believe that his or her disqualification will further the interests of justice? () 10. Is the arbitrator not able to properly perceive the evidence or properly conduct the proceedings because of a permanent or temporary physical impairment? () ¢ x 11. Are there any constraints on the arbitrator’s availability known to the arbitrator that will interfere with his or her ability to commence or complete the arbitration in a timely manner? () ¢ x 12. Do you participate in social networking sites such as Facebook, Twitter, or LinkedIn? () ¢ Xx 13. Is the Commissioner an owner panelist of JAMS? () ¢
If the arbitrator marked this question, "Yes," it is possible that one of the lawyers or law firms involved in this matter is in some way connected to the Arbitrator through this professional networking application. However, none of these contacts rises to the level of a prior business relationship that might cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial, unless otherwise noted below. If the Land Commissioner has answered “yes” to any of the above questions, s/he will explain below and/or see attached rider: Question #: Explanation:
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6 UNITED STATES OF AMERICA, Case No. 2:15-cv-01743-MMD-NJK
7 Plaintiff, ORDER v. 8 400 ACRES OF LAND, more or less, 9 situate in Lincoln County, State of Nevada; and JESSIE J. COX, et al., 10 Defendants. 11 12 The Court recently received the attached disclosure statements from Land 13 Commissioners the Honorable Philip M. Pro and the Honorable Peggy A. Leen.1 The Court 14 has reviewed the disclosures. The Court notes that Judge Pro indicates he is a partial 15 owner of JAMS, and that Judge Leen indicates she is not. The Court finds that nothing in 16 the disclosures necessitates the Court take any action at this time, but passes them on to 17 the parties through this order—for the parties’ consideration. 18 The Clerk of Court is directed to provide a copy of this order to the Land 19 Commissioners by email: (1) The Honorable Philip M. Pro; (2) The Honorable Peggy A. 20 Leen; and (3) The Honorable Justice Michael L. Douglas. 21 DATED THIS 12th day of November 2019. 22
23 MIRANDA M. DU 24 CHIEF UNITED STATES DISTRICT JUDGE 25
26 1The Land Commissioners explain in a cover letter accompanying their disclosures that they are sending them out of an abundance of caution, and in response to the Ninth 27 Circuit’s decision in Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019). There, the Ninth Circuit held as a matter of first impression that arbitrators must 28 disclose ownership interests in arbitration organizations and those organizations’ business deals with parties to the arbitration. ® of:}e
Dear Chief Judge Du: On October 22, 2019, the United States Court of Appeals for the Ninth Circuit issued an Opinion in Monster Energy Company v. City Beverages, LLC, 2019 WL 5382062, holding in a matter of apparent first impression that arbitrators must disclose ownership interests in arbitration organizations. Although the Circuit’s ruling may not directly address the circumstances of this case wherein we are appointed by you as Land Commissioners under Federal Rule of Civil Procedure 71.1(h), we think it appropriate to disclose our respective ownership interests in JAMS. Therefore, we are enclosing a disclosure statement and declaration that would normally be provided as a JAMS neutral to you through Deputy Clerk, Peggie Vannozzi, of our respective ownership interests in JAMS for such use as you deem appropriate. We would be pleased to provide any additional information or answer any questions you may have at your convenience. Kindest regards,
Pega Uéen Philip M. Pro
® al ine LAND COMMISSION DICLOSURE CHECKLIST Arbitrator Disclosure Checklist pursuant to: Code of Ethics for Arbitrators in Commercial Disputes e JAMS Ethical Guidelines for Arbitrators Case Title: United States of America vs. 400 Acres of Land, et al. Case No. 2:15-cv-01743-MMD-NJK JAMS Ref. #: 1260005540 Panelist Name: Peggy Leen for appointment as Land Commissioner under FRCP 71.1(h) Checklist supplements disclosure report 16A Yes No 1. Arbitrator or member of arbitrator’s family [The term “member of the arbitrator’s family” includes the arbitrator’s immediate family or member of the arbitrator’s household] is a party, a party’s spouse or domestic partner, an officer, director or trustee of a party? () (9 2. Arbitrator or member of arbitrator’s family is a lawyer in the arbitration, related to a lawyer in the arbitration or currently associated in the private practice of law with a lawyer in the arbitration? () 3. Arbitrator or a member of arbitrator’s family has or has had a significant personal relationship with any party or lawyer for a party? () (7 4. Arbitrator is serving or within preceding 5 years has served: (A) As a neutral arbitrator in another arbitration involving a party, lawyer for a party, or law firm for a party to the current arbitration? () (B) As a party-appointed arbitrator in another arbitration for either a party, lawyer for a party, or law firm for a party to the current arbitration? () (yo (C) As a neutral arbitrator in another arbitration in which s/he was selected by a person serving as a party-appointed arbitrator in the current arbitration? () ¢ yo (D) As a dispute resolution neutral other than an arbitrator in another pending or prior case involving a party, lawyer for a party, or law firm in the current arbitration. ( ) (yo 5. Arbitrator has or has had an attorney-client relationship with a party or lawyer for a party to the current arbitration, including representing the party; an officer, director or trustee of a party; or the arbitrator provided legal advice to a party or a lawyer in the arbitration concerning any matter involved in the arbitration? () 6. Arbitrator or member of the arbitrator’s family has or has had any other professional relationship with a party or lawyer for a party, including as an expert witness or consultant? () ¢ iy 7, Arbitrator or member of arbitrator’s family has a financial interest in a party? (The term “financial interest” means ownership of a legal or equitable interest, or a relationship as a director, adviser, or other active participant in the affairs of a party. [See, 28 U.S.CA. sec. 455.] () (yy 8. Arbitrator or member of arbitrator’s family has personal knowledge of disputed evidentiary facts relevant to the arbitration? A person likely to be a material witness in the proceeding is deemed to have personal knowledge of disputed evidentiary facts. () ¢
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Yes No 9. Is there any other matter that: (A) Might cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial? () ¢ (B) Leads the proposed arbitrator to believe there is a substantial doubt as to his or her capacity to be impartial, including, but not limited to, bias or prejudice toward a party, lawyer, or law firm in the arbitration? () (% (C) Otherwise leads the arbitrator to believe that his or her disqualification will further the interests of justice? () 10. Is the arbitrator not able to properly perceive the evidence or properly conduct the proceedings because of a permanent or temporary physical impairment? () ¢ x 11. Are there any constraints on the arbitrator’s availability known to the arbitrator that will interfere with his or her ability to commence or complete the arbitration in a timely manner? () ¢ x 12. Do you participate in social networking sites such as Facebook, Twitter, or LinkedIn? () ¢ Xx 13. Is the Commissioner an owner panelist of JAMS? () ¢
If the arbitrator marked this question, "Yes," it is possible that one of the lawyers or law firms involved in this matter is in some way connected to the Arbitrator through this professional networking application. However, none of these contacts rises to the level of a prior business relationship that might cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial, unless otherwise noted below. If the Land Commissioner has answered “yes” to any of the above questions, s/he will explain below and/or see attached rider: Question #: Explanation:
Declarations of Land Commissioner: 1. Having been nominated or appointed by the Court as a Land Commissioner pursuant to Federal Rule of Civil Procedure 71.1(h), I have made a reasonable effort to inform myself of any matters that could cause a person aware of the facts to reasonably entertain a doubt that as a Land Commissioner I would be able to be impartial. In addition, I have disclosed all such matters to the Court. 2. I practice in association with JAMS. Each JAMS neutral, including me, has an economic interest in the overall financial success of JAMS. JAMS has approximately 400 neutrals on its panel, and a little over one quarter of JAMS neutrals, have an equal ownership share in the company. I do not have an ownership interest. Owners are not privy to information regarding the number of cases or revenue related to cases assigned to other panelists. Additional information is available on the JAMS website at www. jamsadr.com/neutrality. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future.
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3. My responses to the questions above are true and correct to the best of my knowledge. 4. Please note JAMS neutrals regularly engage in speaking engagements, CLEs, discussion groups and other professional activities, and it is possible that a party, company, lawyer or law firm connected with this proceeding either attended, participated or was on a panel with the Arbitrator.
Date: Nowe sty Mf i 2014 Signature of Land Commissioner: Lge Ge Jen,
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General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019 (Valor Tale) Sheahan Landowners. No Address Listed Cases heard with Sheahan Landowners No Cases to Report
Tanis Landowners No Address Listed Cases heard with Tanis Landowners No Cases to Report
OFey at-y-) cole BI (-Valer-Val i Austin Sweet Gunderson Law Firm 3895 Warren Way Reno, NV 89509 Cases heard with Austin Sweet No Cases to Report
John R Funk Gunderson Law Firm ] ' 3895 Warren Way Reno, NV 89509 Cases heard with John R Funk No Cases to Report Cases heard with Gunderson Law Firm No Cases to Report
□ The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 1 of 12
General Disclosures, Report A (MKTO16A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations conceming the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019 ee □□ Mark H. Gunderson Gunderson Law Firm ' 3895 Warren Way Reno, NV 89509 Cases heard with Mark H. Gunderson No Cases to Report
Autumn L. Waters _ Kermitt L. Waters 704 S. Ninth St. Las Vegas, NV 89101 Cases heard with Autumn L. Waters No Cases to Report Cases heard with L/O Kermitt L. Waters No Cases to Report
James J. Leavitt L/O Kermitt L. Waters 704 S. Ninth St. Las Vegas, NV 89101 Cases heard with James J. Leavitt No Cases to Report
Kermitt L. Waters □ L/O Kermitt L. Waters _ 704 S. Ninth St. Las Vegas, NV 89101 Cases heard with Kermitt L. Waters No Cases to Report a The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 40/23/2019 Page 2 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019
□
Michael A. Schneider L/O Kermitt L. Waters 704 S. Ninth St. Las Vegas, NV 89101 Cases heard with Michael A. Schneider No Cases to Report
United States of America No Address Listed Cases heard with United States of America No Cases to Report The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral” includes cases where the matter was moved to a different neutral. 10/23/2019 Page 3 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019 OTe) Flatt Biclm sella tlil Troy K. Flake United States Department of Justice 601 Las Vegas Blvd South Suite 1100 Las Vegas, NV 89101 Cases heard with Troy K. Flake No Cases to Report Cases heard with United States Department of Justice No Cases to Report
Anthony Gentner US Department of Justice Environmental Enforcement Section PO Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Anthony Gentner No Cases to Report Cases heard with US Department of Justice No Cases to Report
a as Eugene N. Hansen □ US Department of Justice Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Eugene N. Hansen No Cases to Report The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 4 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included, Panelist: Peggy A. Leen Reference # 1260005540 10/23/2019 et □ Cases heard with US Department of Justice No Cases to Report
Johanna M. Franzen US Department of Justice } Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Johanna M. Franzen No Cases to Report
' Mark C, Elmer US Department of Justice Environment & Natural Resources Division ; P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 LS Cases heard with Mark C. Elmer No Cases to Report
The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 5 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed, The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019
(eae ee eee Amy E. Sears No Address Listed : eb Cases heard with Amy E. Sears No Cases to Report
Animal Place No Address Listed Cases heard with Animal Place No Cases to Report
Debbie DeVito No Address Listed Cases heard with Debbie DeVito No Cases to Report
Deborah Lynn Sheahan No Address Listed Cases heard with Deborah Lynn Sheahan No Cases to Report
Diane Sibley-Origlia No Address Listed □□ SA Ninf peek Oh IatE ae oi Cases heard with Diane Sibley-Origlia No Cases to Report
House Rabbit Society No Address Listed Cases heard with House Rabbit Society The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 6 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019 SS —__.§———————NNYr_ No Cases to Report
Hui Chu Poole No Address Listed Cases heard with Hui Chu Poole No Cases to Report
_ John B. Sheahan No Address Listed Cases heard with John B. Sheahan No Cases to Report
, Katherine Kell No Address Listed Cases heard with Katherine Kell No Cases to Report ‘Melanie Goodpasture No Address Listed ies pid [Panta Cases heard with Melanie Goodpasture No Cases to Report
Sandra Spears-Lavallee No Address Listed a eh aealhe Cases heard with Sandra Spears-Lavallee No Cases to Report
The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral” includes cases where the matter was moved to a different neutral. 10/23/2019 Page 7 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference # 1260005540 10/23/2019 OfelUal-x-] Biel ar-Taay Amy E. Sears P.O, Box 71 Pioche, NV 89043 Cases heard with Amy E. Sears No Cases to Report Cases heard with No Cases to Report
; Animal Place c/o Kim Sturla (Registered Agent) Grass Valley, CA 95949 Cases heard with Animal Place No Cases to Report Cases heard with No Cases to Report
Debbie DeVito c/o Stanley Pedder 3445 Golden Gate Way ' Lafayette, CA 94549 Cases heard with Debbie DeVito No Cases to Report Cases heard with No Cases to Report
SS The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. * "Matter(s) Assigned to Another Neutral” includes cases where the matter was moved to a different neutral. 10/23/2019 Page 8 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019
Deobrah Lynn Sheahan 4662 Gabriel Drive Las Vegas, NV 89121 Cases heard with Deobrah Lynn Sheahan No Cases to Report Cases heard with No Cases to Report
Diane Sibley-Oriaglia 1615 Via Romero Alamo, CA 94507 Cases heard with Diane Sibley-Orialia No Cases to Report Cases heard with No Cases to Report
[ pry House Rabbit Society □ c/o Anne Martin (Registered Agent) ; Richmond, CA 94804 Cases heard with House Rabbit Society No Cases to Report Cases heard with No Cases to Report
Hui Chu Poole 165 Lakewood Road Walnut Creek, CA 94598 SS The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 9 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019
Cases heard with Hui Chu Poole No Cases to Report Cases heard with No Cases to Report
John Sheahan No Address Irvine, CA 92612 Cases heard with John Sheahan No Cases to Report Cases heard with No Cases to Report
Katherine Kell c/o Stanley Pedder 3445 Golden Gate Way Lafayette, CA 94549 Cases heard with Katherine Kell No Cases to Report Cases heard with No Cases to Report
Melanie Goodpasture P.O. Box 7044 Cotati, CA 94931 Cases heard with Melanie Goodpasture No Cases to Report a The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. * "Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 10 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019
Cases heard with No Cases to Report
! Sandra Sears-Lavallee _ 1172 Skyline road Henderson, NV 89002 Cases heard with Sandra Sears-Lavallee No Cases to Report Cases heard with No Cases to Report The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. * "Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 11 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Peggy A. Leen Reference #: 1260005540 10/23/2019 fn. SS Ohta BI E-Xed (ect bgt) N/A
The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 12 of 12
® ofun}o LAND COMMISSION DICLOSURE CHECKLIST Arbitrator Disclosure Checklist pursuant to: ¢ Code of Ethics for Arbitrators in Commercial Disputes e JAMS Ethical Guidelines for Arbitrators Case Title: United States of America vs. 400 Acres of Land, et al. Case No. 2:15-cv-01743-MMD-NJK JAMS Ref. #: 1260005540 Panelist Name: Philip Pro for appointment as Land Commissioner under FRCP 71.1(h) Checklist supplements disclosure report 16A Yes No 1. Arbitrator or member of arbitrator’s family [The term “member of the arbitrator’s family” includes the arbitrator’s immediate family or member of the arbitrator’s household] is a party, a party’s spouse or domestic partner, an officer, director or trustee of a party? ( ) (yo 2. Arbitrator or member of arbitrator’s family is a lawyer in the arbitration, related to a lawyer in the arbitration or currently associated in the private practice of law with a lawyer in the arbitration? ( ) wy 3. Arbitrator or a member of arbitrator’s family has or has had a significant personal relationship ee with any party or lawyer for a party? () ¢ 4. Arbitrator is serving or within preceding 5 years has served: (A) As a neutral arbitrator in another arbitration involving a party, lawyer for a party, or law firm for a party to the current arbitration? () ¢ (B) As a party-appointed arbitrator in another arbitration for either a party, lawyer for a party, or law fi for a party to the current arbitration? () (C) As a neutral arbitrator in another arbitration in which s/he was selected by a person serving as a party-appointed arbitrator in the current arbitration? () (D) As a dispute resolution neutral other than an arbitrator in another pending or prior case We involving a party, lawyer for a party, or law firm in the current arbitration. () ¢ 5. Arbitrator has or has had an attorney-client relationship with a party or lawyer for a party to the current arbitration, including representing the party; an officer, director or trustee of a party; or the arbitrator provided legal advice to a party or a lawyer in the arbitration concerning any matter involved in the arbitration? ye () ¢ 6. Arbitrator or member of the arbitrator’s family has or has had any other professional relationship with a pay or lawyer for a party, including as an expert witness or consultant? () ¢€ 7. Arbitrator or member of arbitrator’s family has a financial interest in a party? (The term “financial interest” means ownership of a legal or equitable interest, or a relationship as a director, adviser, or other active participant in the affairs of a party. [See, 28 U.S.CA. sec. 455.] ( ) 8. Arbitrator or member of arbitrator’s family has personal knowledge of disputed evidentiary facts relevant to the arbitration? A person likely to be a material witness in the proceeding is ig deemed to have personal knowledge of disputed evidentiary facts. () ¢
Page | of 3 LICAVATA POD LILI oO MA MIATA TPs) orTrlmAnmneT TREN LEON Oka OmANAPe me wom m «ceo ee ee
Yes No 9. Is there any other matter that: (A) Might cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial? () ¢ XM (B) Leads the proposed arbitrator to believe there is a substantial doubt as to his or her capacity to be impartial, including, but not limited to, bias or prejudice toward a party, lawyer, or law KO firm in the arbitration? () ¢ (C) Otherwise leads the arbitrator to believe that his or her disqualification will further the interests of justice? () us 10. Is the arbitrator not able to properly perceive the evidence or properly conduct the proceedings because of a permanent or temporary physical impairment? ( ) VW 11. Are there any constraints on the arbitrator’s availability known to the arbitrator that will interfere with his or her ability to commence or complete the arbitration in a timely manner? ( ) wy 12. Do you participate in social networking sites such as Facebook, Twitter, or LinkedIn? () wr 13. Is the Commissioner an owner panelist of JAMS? Wi )
If the arbitrator marked this question, "Yes," it is possible that one of the lawyers or law firms involved in this matter is in some way connected to the Arbitrator through this professional networking application. However, none of these contacts rises to the level of a prior business relationship that might cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial, unless otherwise noted below.
If the Land Commissioner has answered “yes” to any of the above questions, s/he will explain below and/or see attached rider: Question #: Explanation: | ,
Declarations of Land Commissioner: 1. Having been nominated or appointed by the Court as a Land Commissioner pursuant to Federal Rule of Civil Procedure 71.1(h), I have made a reasonable effort to inform myself of any matters that could cause a person aware of the facts to reasonably entertain a doubt that as a Land Commissioner I would be able to be impartial. In addition, I have disclosed all such matters to the Court. 2. I practice in association with JAMS. Each JAMS neutral, including me, has an economic interest in the overall financial success of JAMS. JAMS has approximately 400 neutrals on its panel, and a little over one quarter of JAMS neutrals, including me, have an equal ownership share in the company. Owners are not privy to information regarding the number of cases or revenue related to cases assigned to other panelists. Additional information is available on the JAMS website at www.jamsadr.com/neutrality. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. 3. My responses to the questions above are true and correct to the best of my knowledge.
Page 2 of 3
4. Please note JAMS neutrals regularly engage in speaking engagements, CLEs, discussion groups and other professional activities, and it is possible that a party, company, lawyer or law firm connected with this proceeding either attended, participated or was on a panel with the Arbitrator.
Date: Novperber | a q Signature of wk Ly A
Page 3 of 3
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019
SS Bra taeF-Vayi □□□ Sheahan Landowners _ No Address Listed He Cases heard with Sheahan Landowners No Cases to Report
2 Tanis Landowners No Address Listed ue Cases heard with Tanis Landowners No Cases to Report
Fat-) Bel BYeL Valera Austin Sweet Gunderson Law Firm 3895 Warren Way Reno, NV 89509 Cases heard with Austin Sweet No Cases to Report
John R Funk Gunderson Law Firm 3895 Warren Way Reno, NV 89509 Cases heard with John R Funk No Cases to Report Cases heard with Gunderson Law Firm No Cases to Report
rr The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 1 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference # 1260005540 10/23/2019 en Mark H. Gunderson Gunderson Law Firm 3895 Warren Way Reno, NV 89509 Cases heard with Mark H. Gunderson No Cases to Report
Autumn L. Waters L/O Kermitt L. Waters 704 S. Ninth St. Las Vegas, NV 89101 rs Cases heard with Autumn L. Waters Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases Cases heard with L/O Kermitt L. Waters Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases
James J. Leavitt L/O Kermitt L. Waters 704 S. Ninth St. Las Vegas, NV 89101 Cases heard with James J. Leavitt No Cases to Report
Kermitt L. Waters L/O Kermitt L. Waters 704 S. Ninth St. , Las Vegas, NV 89101 é : oa 4 a The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 2 of 12
General Disclosures, Report A (MKT01 6A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019 ee □ Cases heard with Kermitt L. Waters Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases
Michael A. Schneider L/O Kermitt L. Waters 704 S. Ninth St. Las Vegas, NV 89101 Cases heard with Michael A. Schneider Mediations\Neutral Analysis\Other " Mediation(s) - Closed cases
United States of America No Address Listed Cases heard with United States of America No Cases to Report
SS The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 3 of 12
General Disclosures, Report A (MKT01 6A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case, All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019 meee att:) Wiel me EV Troy K. Flake , United States Department of Justice 501 Las Vegas Bivd South Suite 1100 Las Vegas, NV 89101 Cases heard with Troy K. Flake No Cases to Report Cases heard with United States Department of Justice No Cases to Report
Anthony Gentner US Department of Justice Environmental Enforcement Section PO Box 7611, Ben Franklin Station Washington, DC 20044-7611 a Cases heard with Anthony Gentner No Cases to Report Cases heard with US Department of Justice Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases
. Eugene N. Hansen US Department of Justice Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Eugene N. Hansen No Cases to Report The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. "Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 4 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019
Cases heard with US Department of Justice No Cases to Report
! Johanna M. Franzen US Department of Justice Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Johanna M. Franzen No Cases to Report
Mark C. Eimer US Department of Justice Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Mark C. Elmer No Cases to Report
a, The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS In addition, because of the nature and size of JAMS, the Parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 5 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019 ———— EEEEEE——.—:—-— T¥——mnmnr|
Amy E. Sears No Address Listed □□ ot □□□□ Cases heard with Amy E. Sears No Cases to Report
Animai Place No Address Listed Cases heard with Animal Place No Cases to Report
Debbie DeVito No Address Listed Cases heard with Debbie DeVito No Cases to Report
Deborah Lynn Sheahan + No Address Listed Cases heard with Deborah Lynn Sheahan No Cases to Report
Diane Sibley-Origlia _No Address Listed : pbk gah ed pete. tel wnat Cases heard with Diane Sibley-Origlia No Cases to Report
House Rabbit Society No Address Listed Cases heard with House Rabbit Society The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 6 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019 Ss .—-————— No Cases to Report
Hui Chu Poole No Address Listed Cases heard with Hui Chu Poole No Cases to Report
John B. Sheahan No Address Listed Cases heard with John B. Sheahan No Cases to Report
' Katherine Kell , No Address Listed Cases heard with Katherine Kell No Cases to Report
Melanie Goodpasture No Address Listed eSiee fonts Cases heard with Melanie Goodpasture No Cases to Report
Sandra Spears-Lavallee vi No Address Listed See = id Cases heard with Sandra Spears-Lavallee No Cases to Report
The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Sinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 7 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019 arT-) Mie) ml ar-Tan] Amy E. Sears P.O, Box 71 Pioche, NV 89043 Cases heard with Amy E. Sears No Cases to Report Cases heard with No Cases to Report
' Animal Place c/o Kim Sturla (Registered Agent) , Grass Valley, CA 95949 Cases heard with Animal Place No Cases to Report Cases heard with No Cases to Report
' Debbie DeVito c/o Stanley Pedder [| 3445 Golden Gate Way Lafayette, CA 94549 Cases heard with Debbie DeVito No Cases to Report Cases heard with No Cases to Report
es The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. "Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 8 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included, Panelist: Philip Pro Reference #: 1260005540 10/23/2019
□□ Deobrah Lynn Sheahan 4662 Gabriel Drive i Las Vegas, NV 89121 Cases heard with Deobrah Lynn Sheahan No Cases to Report Cases heard with No Cases to Report
Diane Sibley-Origlia 1615 Via Romero Alamo, CA 94507 Cases heard with Diane Sibley-Origlia No Cases to Report Cases heard with No Cases to Report
. . House Rabbit Society □ c/o Anne Martin (Registered Agent) Richmond, CA 94804 Cases heard with House Rabbit Society No Cases to Report Cases heard with No Cases to Report Hui Chu Poole 165 Lakewood Road Wainut Creek, CA 94598
The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 9 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference # 1260005540 10/23/2019
Cases heard with Hui Chu Poole No Cases to Report Cases heard with No Cases to Report
John Sheahan No Address Irvine, CA 92612 Cases heard with John Sheahan No Cases to Report Cases heard with No Cases to Report Katherine Kell c/o Stanley Pedder 3445 Golden Gate Way Lafayette, CA 94549 □□ Cases heard with Katherine Kell No Cases to Report Cases heard with No Cases to Report
Melanie Goodpasture _ P.O. Box 7044 Cotati, CA 94931 Cases heard with Melanie Goodpasture No Cases to Report eS The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 10 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019
Cases heard with No Cases to Report
Sandra Sears-Lavallee 1172 Skyline road Henderson, NV 89002 Cases heard with Sandra Sears-Lavallee No Cases to Report Cases heard with No Cases to Report
The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall financial success of JAMS. In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 11 of 12
General Disclosures, Report A (MKT016A) United States of America vs. 400 Acres of Land, et al. This report includes General Disclosure of Client Activity from 10/23/2014 to 10/23/2019. Due to the confidential nature of mediations only the number of mediations concerning the involved parties are listed. The number of cases listed below does not include the pres case. All branches of counsel firms are included. Panelist: Philip Pro Reference #: 1260005540 10/23/2019 ee
Oh titel (oxcd N/A
The neutral practices in association with JAMS. Each JAMS neutral, including the neutral in this case, has an economic interest in the overall Jinancial success of JAMS In addition, because of the nature and size of JAMS, the parties should assume that one or more of the other neutrals who practice with JAMS has participated in an arbitration, mediation or other dispute resolution proceeding with the parties, counsel or insurers in this case and may do so in the future. *"Matter(s) Assigned to Another Neutral" includes cases where the matter was moved to a different neutral. 10/23/2019 Page 12 of 12
® of}
Chief Judge Miranda M. Du US. District Court, District of Nevada 400 S. Virginia St. Reno, NV 89501 RE: 2:15-cv-1743-MMD-NJK - United States of America vs. 400 Acres of Land, et al. JAMS Ref. No.: 1260005540 Dear Judge Du: Please see the enclosed additional disclosure report.
Sincerely,
Parreno Case Manager sparreno@jamsadr.com
LITAALA DD LILIOLIT Oo BARDIA OVOP RADE NN eee
JAMS Commencement Disclosure (MKTO16l) United States of America vs. 400 Acres of Land, et al. JAMS administers approximately 13,000 cases per year. This report lists the numbers of cases JAMS has administered in the last five years involving any party, lawyer, or law firm in the present case. “Administered” means any case in which JAMS received a payment, regardless of which party (or parties) remitted payment. The numbers below do not include the present case. All branches of law firms are included. JAMS has approximately 400 neutrals on its panel, and a little over one quarter of JAMS neutrals have an equal ownership share in the company. Owners are not privy to information regarding the number of cases or revenue related to cases assigned to other panelists. No shareholder's distribution has ever exceeded 0.1% of JAMS total revenue in a given year. Shareholders are not informed about how their profit distributions are impacted by any particular client, lawyer or law firm and shareholders do not receive credit for the creation or retention of client relationships. This information is typically provided at the commencement of a JAMS matter. This report is not provided to JAMS neutrals and will not be provided to the neutral in this matter. The neutral issues his or her own required disclosures. Reference #: 1260005540 11/4/2019 ne SY (Vater Tali (9) Sheahan Landowners No Address Listed Cases heard with Sheahan Landowners No Cases to Report
Tanis Landowners No Address Listed Cases heard with Tanis Landowners No Cases to Report
a 11/4/2019 Page 1 of 11
JAMS Commencement Disclosure (MKT016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 ee Orel at-12) Mie) BLeiclaler □□□
Austin Sweet Gunderson Law Firm 3895 Warren Way Reno, NV 89509 Cases heard with Austin Sweet No Cases to Report
John R Funk Gunderson Law Firm 3895 Warren Way Reno, NV 89509 Cases heard with John R Funk No Cases to Report Cases heard with Gunderson Law Firm Mediations\Neutral Analysis\Other » Mediation(s) - Closed cases
Mark H. Gunderson Gunderson Law Firm 3895 Warren Way Reno, NV 89509 Cases heard with Mark H. Gunderson Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases 1 ' Autumn L. Waters L/O Kermitt L. Waters 704 S. Ninth St. "Las Vegas, NV 89101 Cases heard with Autumn L. Waters Mediations\Neutral Analysis\Other " Mediation(s) - Closed cases Cases heard with L/O Kermitt L. Waters ————— 11/4/2019 Page 2 of 11
JAMS Commencement Disclosure (MKTO16l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019
Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases
James J. Leavitt L/O Kermitt L. Waters 704 S. Ninth St. Las Vegas, NV 89101 Cases heard with James J. Leavitt No Cases to Report
Kermitt L. Waters L/O Kermitt L. Waters 2 704S. Ninth St. k Las Vegas, NV 89101 Cases heard with Kermitt L. Waters Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases
Michael A. Schneider L/O Kermitt L. Waters 704 S. Ninth St. ' Las Vegas, NV 89101 Cases heard with Michael A. Schneider Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases
11/4/2019 Page 3 of 11
JAMS Commencement Disclosure (MKTO016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 SN
United States of America No Address Listed Cases heard with United States of America Court Reference * Court Reference(s) - Closed cases * Court Reference(s) - Open cases Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases 69 * Mediation(s) - Open cases * Neutral Evaluation(s) - Closed cases
11/4/2019 Page 4 of 11
JAMS Commencement Disclosure (MKT016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 NE OTe] Nit1-) mel m asad Troy K. Flake United States Department of Justice 501 Las Vegas Bivd South Suite 1100 Las Vegas, NV 89101 Cases heard with Troy K. Flake No Cases to Report Cases heard with United States Department of Justice Court Reference * Court Reference(s) - Closed cases * Court Reference(s) - Open cases Mediations\Neutral Analysis\Other * Mediation(s) - Closed cases 21 * Neutral Analysis(s) - Closed cases
Anthony Gentner US Department of Justice Environmental Enforcement Section PO Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Anthony Gentner No Cases to Report Cases heard with US Department of Justice Arbitration Arbitration(s) - Closed cases Court Reference * Court Reference(s) - Closed cases * Court Reference(s) - Open cases Mediations\Neutral Analysis\Other " Mediation(s) - Closed cases 27 * Mediation(s) - Open cases □□ 11/4/2019 Page 5 of 11
JAMS Commencement Disclosure (MKT016I) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019
Eugene N. Hansen US Department of Justice Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Eugene N. Hansen No Cases to Report Cases heard with US Department of Justice Court Reference * Court Reference(s) - Closed cases Mediations\Neutral Analysis\Other " Mediation(s) - Closed cases 11 * Neutral Analysis(s) - Closed cases
Johanna M. Franzen US Department of Justice Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Johanna M. Franzen No Cases to Report Mark C. Elmer US Department of Justice Environment & Natural Resources Division P.O. Box 7611, Ben Franklin Station Washington, DC 20044-7611 Cases heard with Mark C. Elmer No Cases to Report
SS 11/4/2019 Page 6 of 11
JAMS Commencement Disclosure (MKTO016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 a = AY C9) Amy E. Sears No Address Listed Cases heard with Amy E. Sears No Cases to Report
Animal Place No Address Listed Cases heard with Animal Place No Cases to Report
Debbie DeVito No Address Listed Cases heard with Debbie DeVito No Cases to Report
Deborah Lynn Sheahan No Address Listed Cases heard with Deborah Lynn Sheahan No Cases to Report
Diane Sibley-Orialia No Address Listed in Cases heard with Diane Sibley-Origlia No Cases to Report
House Rabbit Society No Address Listed iF. 20h ae ee ea □□ Cases heard with House Rabbit Society No Cases to Report
Hui Chu Poole No Address Listed Cases heard with Hui Chu Poole
11/4/2019 Page 7 of 11
JAMS Commencement Disclosure (MKT016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 ee No Cases to Report
John B. Sheahan No Address Listed Cases heard with John B. Sheahan No Cases to Report
Katherine Kell i No Address Listed Cases heard with Katherine Kell No Cases to Report
Melanie Goodpasture No Address Listed Cases heard with Melanie Goodpasture No Cases to Report
Sandra Spears-Lavallee No Address Listed Cases heard with Sandra Spears-Lavallee No Cases to Report
SY 11/4/2019 Page 8 of 11
JAMS Commencement Disclosure (MKT016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 a Oe] TT at-1-) Mie) al Amy E. Sears P.O. Box 71 Pioche, NV 89043 Cases heard with Amy E. Sears No Cases to Report Cases heard with No Cases to Report
Animal Place c/o Kim Sturla (Registered Agent) Grass Valley, CA 95949 Cases heard with Animal Place No Cases to Report Cases heard with No Cases to Report
Debbie DeVito ; C/o Stanley Pedder 3445 Golden Gate Way Lafayette, CA 94549 Cases heard with Debbie DeVito No Cases to Report Cases heard with No Cases to Report
Deobrah Lynn Sheahan 4662 Gabriel Drive Las Vegas, NV 89121 Cases heard with Deobrah Lynn Sheahan No Cases to Report Cases heard with
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JAMS Commencement Disciosure (MKT016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 —e—es No Cases to Report
Diane Sibley-Origlia 1615 Via Romero Alamo, CA 94507 Cases heard with Diane Sibley-Origlia No Cases to Report Cases heard with No Cases to Report
{ House Rabbit Society c/o Anne Martin (Registered Agent) Richmond, CA 94804 Cases heard with House Rabbit Society No Cases to Report Cases heard with No Cases to Report Hui Chu Poole 165 Lakewood Road Walnut Creek, CA 94598 Cases heard with Hui Chu Poole No Cases to Report Cases heard with No Cases to Report John Sheahan No Address Irvine, CA 92612 Cases heard with John Sheahan No Cases to Report Cases heard with Ry 11/4/2019 Page 10 of 11
JAMS Commencement Disclosure (MKT016l) United States of America vs. 400 Acres of Land, et al. Reference #: 1260005540 11/4/2019 SE No Cases to Report
Katherine Kell c/o Stanley Pedder 3445 Goiden Gate Way Lafayette, CA 94549 Cases heard with Katherine Kell No Cases to Report Cases heard with No Cases to Report ' Melanie Goodpasture P.O. Box 7044 Cotati, CA 94931 Cases heard with Melanie Goodpasture No Cases to Report Cases heard with No Cases to Report
Sandra Sears-Lavallee 1172 Skyline road Henderson, NV 89002 Cases heard with Sandra Sears-Lavallee No Cases to Report Cases heard with No Cases to Report
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United States v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada (United States v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.