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. ( 2023 )

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-ADA-EPG 1122 Plaintiff, ORDER RE: STIPULATION AND TO 1133 v. CONTINUE MANDATORY SCHEDULING CONFERENCE FROM 1144 APPROXIMATELY $3,801,034.94 IN U.S. JANUARY 5, 2023, TO MARCH 23, CURRENCY SEIZED FROM CITIBANK 2023 1155 ACCOUNT NUMBER 206054579 HELD IN (ECF No. 71). THE NAME OF ARTHUR AVE. 1166 CONSULTING, INC., et al., 1177 Defendants. 1188 1199 The United States and Claimants Ara G. Dolarian, Arthur Ave. Consulting, Inc., Martel 3D 2200 LLC, and Dolarian Capital, Inc. (hereafter “Dolarian Claimants”), by and through their respective 2211 counsel of record, submit the following Stipulated Request to Continue the Mandatory Scheduling 2222 Conference from January 5, 2023, to March 23, 2023. 2233 Introduction 2244 In June and December 2015, the United States filed civil forfeiture complaints in rem against 2255 the above-captioned assets (“defendant assets”), seeking forfeiture of the defendant assets because 2266 they are the proceeds of a criminal violation of the Arms Export Control Act (“AECA”), 22 U.S.C. § 2277 2778, et seq. The United States has served all known potential claimants to the defendant assets in a 11 manner consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable 22 statutory authority. The Dolarian Claimants have appeared in this case with the filing of their claims 33 and answers to the complaints. See ECF Nos. 22 and 24. 44 Further, the parties have stipulated to the consolidation of the two forfeiture actions, which was 55 granted by the Court on April 5, 2019. See ECF No. 41. The parties jointly requested that the 66 Scheduling Conference be rescheduled to December 28, 2022. See ECF No. 68. The Court 77 rescheduled the Scheduling Conference for January 5, 2023. See ECF No. 69. 88 Good Cause 99 On May 15, 2019, a Criminal Complaint was filed against Ara G. Dolarian (“Defendant 1100 Dolarian”) and Dolarian Capital, Inc. (“DCI”) in the Eastern District of California, case number 1:19- 1111 CR-00138-NONE-SKO. A warrant for the arrest of Defendant Dolarian was issued that same day. On 1122 May 16, 2019. Defendant Dolarian, in custody, appeared in court and was arraigned on the criminal 1133 complaint. Defendant Dolarian was charged by information on June 27, 2019, and subsequently 1144 entered a change of plea to “guilty” on June 27, 2019. Mr. Dolarian’s sentencing hearing is presently 1155 set for March 3, 2023. In light of the guilty plea and upcoming sentencing hearing, the parties have 1166 conferred and agreed that the Mandatory Scheduling Conference should be continued to March 23, 1177 2023. 1188 This continuance of the Mandatory Scheduling Conference will allow the criminal matter to 1199 resolve, and a judgment entered by the Court. On this basis, the parties believe engaging in civil 2200 discovery would not be productive. For this reason, and in the interests of judicial economy, the 2211 parties have agreed to stipulate to continue the Mandatory Scheduling Conference to March 23, 2023 2222 (or to another date the Court deems appropriate). 2233 As explained above, the parties believe that this request is in the interests of justice. Therefore, 2244 good cause exists to continue the Mandatory Scheduling Conference from January 5, 2023, to March 2255 23, 2023, or to a date the Court deems appropriate. 2266 Respectfully submitted, 2277 Dated: December 29, 2022 PHILLIP A. TALBERT 11 /s/ Jeffrey A. Spivak 22 JEFFREY A. SPIVAK 33 Assistant U.S. Attorney 44 55 Dated: December 28, 2022 /s/ George B. Newhouse, Jr. 66 GEORGE B. NEWHOUSE, JR. Attorney for Claimants 77 (Signature approved by email on 12/28/22) /// 88 /// 99 /// 1100 /// 1111 /// 1122 /// 1133 /// 1144 /// 1155 /// 1166 /// 1177 /// 1188 /// 1199 /// 2200 /// 2211 /// 2222 /// 2233 /// 2244 /// 2255 /// 2266 /// 2277 /// ORDER Pursuant to the stipulation of the parties (ECF No. 71), the Mandatory Scheduling Conference is ; continued from January 5, 2023, to March 23, 2023, at 10:00 a.m. The parties are also reminded to file a ‘ joint scheduling report one full week prior to the conference 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. ated: _ January 3, 2023 [Jee Py — 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28