The opinion
11 McGREGOR W. SCOTT
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 FROM
1144 APPROXIMATELY $3,801,034.94 IN U.S. FEBRUARY 10, 2021 TO JUNE 2,
CURRENCY SEIZED FROM CITIBANK 2021
1155 ACCOUNT NUMBER 206054579 HELD IN
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WITHDRAWN FROM BANK OF AMERICA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
1100 counsel of record, submit the following Stipulated Request to Continue the Mandatory Scheduling
1111 Conference from February 10, 2021, to June 2, 2021.
1122 Introduction
1133 In June and December 2015, the United States filed civil forfeiture complaints in rem against
1144 the above-captioned assets (“defendant assets”), seeking forfeiture of the defendant assets because
1155 they are the proceeds of a criminal violation of the Arms Export Control Act (“AECA”), 22 U.S.C. §
1166 2778, et seq. The United States has served all known potential claimants to the defendant assets in a
1177 manner consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable
1188 statutory authority. The Dolarian Claimants have appeared in this case with the filing of their claims
1199 and answers to the complaints. See ECF Nos. 22 and 24.
2200 Further, the parties have stipulated to the consolidation of the two forfeiture actions, which was
2211 granted by the Court on April 5, 2019. See ECF No. 41. The parties jointly requested, and the Court
2222 granted, that the Scheduling Conference be rescheduled to February 10, 2021. See ECF No. 55, 56.
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 May 14, 2021. In light of the guilty plea and upcoming sentencing hearing, the parties have
33 conferred and agreed that the Mandatory Scheduling Conference should be continued to June 2, 2021.
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 June 2, 2021 (or
88 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 February 10, 2021 to June
1111 2, 2021, or to a date the Court deems appropriate.
1122 Respectfully submitted,
1133 Dated: February 2, 2021 McGREGOR W. SCOTT
United States Attorney
1144
1155
/s/ Jeffrey A. Spivak
1166 JEFFREY A. SPIVAK
Assistant U.S. Attorney
1177
1188 Dated: February 2, 2021 /s/ George B. Newhouse, Jr.
GEORGE B. NEWHOUSE, JR.
1199 Attorney for Claimants
(Signature approved by email on 2/2/21)
2200
2211
2222
2233
2244
2255
2266
2277
ORDER
Pursuant to the stipulation of the parties ECF No. 57), and good cause appearing, the Initial
Scheduling Conference is continued from February 10, 2021, to June 2, 2021, at 9:30 AM in Courtroom
° 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is
‘ directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. 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.
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8 |! Ir IS SO ORDERED.
9
19 || Dated: _February 3, 2021 [Jee ey —
UNITED STATES MAGISTRATE JUDGE
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4 Stinulation and Order to Continue □□□□□□□□□