The opinion
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WITHDRAWN FROM BANK OF AMERICA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.