United States v. Approximately $3,801,034.94 in U.S. Currency Seized From Citibank Account Number 206054579 Held in the Name of Arthur Ave. Consulting, Inc. ( 2022 )

11 PHILLIP A. TALBERT United States Attorney 22 JEFFREY A. SPIVAK Assistant U.S. Attorney 33 2500 Tulare Street, Suite 4401 Fresno, CA 93721 44 (559) 497-4000 Telephone (559) 497-4099 Facsimile 55 Attorneys for the United States 66 77 88 IN THE UNITED STATES DISTRICT COURT 99 EASTERN DISTRICT OF CALIFORNIA 1100 1111 UNITED STATES OF AMERICA, CASE NO. 1:15-CV-00954-DAD-EPG 1122 Plaintiff, STIPULATION AND ORDER TO 1133 v. CONTINUE MANDATORY SCHEDULING CONFERENCE 1144 APPROXIMATELY $3,801,034.94 IN U.S. CURRENCY SEIZED FROM CITIBANK 1155 ACCOUNT NUMBER 206054579 HELD IN (ECF No. 68). THE NAME OF ARTHUR AVE. 1166 CONSULTING, INC., 1177 APPROXIMATELY $21,865.67 IN U.S. CURRENCY SEIZED FROM CITIBANK 1188 ACCOUNT NUMBER 205912785 HELD IN THE NAME OF ARTHUR AVE. 1199 CONSULTING, INC., 2200 APPROXIMATELY $2,031,022.25 IN U.S. CURRENCY SEIZED FROM BANK OF 2211 AMERICA ACCOUNT NUMBER 325016557963 HELD IN THE NAME OF 2222 MARTEL 3D, LLC, and APPROXIMATELY $120,883.59 IN U.S. 2233 CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 2244 000577161654 HELD IN THE NAME OF MARTEL 3D, LLC, 2255 2266 2277 11 APPROXIMATELY $50,000.00 SEIZED FROM THE CALIFORNIA FRANCHISE 22 TAX BOARD, SOURCED FROM FUNDS WITHDRAWN FROM BANK OF AMERICA 33 SAVINGS ACCOUNT NUMBER 325016557963, HELD IN THE NAME OF 44 MARTEL 3D, LLC, and 55 2011 BMX X3, VIN: 5UXX5C54BL716300, 66 Defendants. 77 88 The United States and Claimants Ara G. Dolarian, Arthur Ave. Consulting, Inc., Martel 3D 99 LLC, and Dolarian Capital, Inc. (hereafter “Dolarian Claimants”), by and through their respective counsel of record, submit the following Stipulated Request to Continue the Mandatory Scheduling 1100 Conference from August 30, 2022, to December 28, 2022. 1111 Introduction 1122 In June and December 2015, the United States filed civil forfeiture complaints in rem against 1133 the above-captioned assets (“defendant assets”), seeking forfeiture of the defendant assets because 1144 they are the proceeds of a criminal violation of the Arms Export Control Act (“AECA”), 22 U.S.C. § 1155 2778, et seq. The United States has served all known potential claimants to the defendant assets in a 1166 manner consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable 1177 statutory authority. The Dolarian Claimants have appeared in this case with the filing of their claims 1188 and answers to the complaints. See ECF Nos. 22 and 24. 1199 Further, the parties have stipulated to the consolidation of the two forfeiture actions, which was 2200 granted by the Court on April 5, 2019. See ECF No. 41. The parties jointly requested that the 2211 Scheduling Conference be rescheduled to August 30, 2022. See ECF No. 63. The Court rescheduled 2222 the Scheduling Conference for August 30, 2022. See ECF No. 64. 2233 Good Cause 2244 On May 15, 2019, a Criminal Complaint was filed against Ara G. Dolarian (“Defendant 2255 Dolarian”) and Dolarian Capital, Inc. (“DCI”) in the Eastern District of California, case number 1:19- 2266 CR-00138-NONE-SKO. A warrant for the arrest of Defendant Dolarian was issued that same day. On 2277 May 16, 2019. Defendant Dolarian, in custody, appeared in court and was arraigned on the criminal 11 entered a change of plea to “guilty” on June 27, 2019. Mr. Dolarian’s sentencing hearing is presently 22 set for November 18, 2022. In light of the guilty plea and upcoming sentencing hearing, the parties have conferred and agreed that the Mandatory Scheduling Conference should be continued to 33 December 28, 2022. 44 This continuance of the Mandatory Scheduling Conference will allow the criminal matter to 55 resolve and a judgment entered by the Court. On this basis, the parties believe engaging in civil 66 discovery would not be productive. For this reason, and in the interests of judicial economy, the 77 parties have agreed to stipulate to continue the Mandatory Scheduling Conference to December 28, 88 2022 (or to another date the Court deems appropriate). 99 As explained above, the parties believe that this request is in the interests of justice. Therefore, 1100 good cause exists to continue the Mandatory Scheduling Conference from August 30, 2022, to 1111 December 28, 2022, or to a date the Court deems appropriate. 1122 Respectfully submitted, 1133 Dated: August 17, 2022 PHILLIP A. TALBERT 1144 United States Attorney 1155 /s/ Jeffrey A. Spivak 1166 JEFFREY A. SPIVAK 1177 Assistant U.S. Attorney 1188 1199 Dated: August 17, 2022 /s/ George B. Newhouse, Jr. 2200 GEORGE B. NEWHOUSE, JR. Attorney for Claimants 2211 (As approved by email on 8/17/22) /// 2222 /// 2233 /// 2244 /// 2255 /// 2266 /// 2277 ORDER Pursuant to the stipulation of the parties (ECF No. 68) and good cause appearing, IT IS ORDERED that the scheduling conference is continued from August 30, 2022, to January 5, 2023, at ° 10:00 am.! The parties are also reminded to file a joint scheduling report one full week prior to the ‘ conference and email a copy of same, in Word format, to epgorders @ caed.uscourts.gov, for the Judge's ° review. For telephonic appearances, each party is directed to use the following dial-in number and ® passcode: 1-888-251-2909; passcode 1024453. 7 8 || IT IS SO ORDERED. "Dated August 18, 2022 [spe ey —— 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ! The parties propose December 28, 2022, or a date that is suitable to the Court. (ECF No. 68, p. 3). Because December 28, 28 || 2022, is unavailable, the Court will hold the conference on January 5, 2023.