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United States v. Approximately $3,801,034.94 in U.S. Currency Seized From Citibank Account Number 206054579, 1:15-CV-00954-DAD-EPG. (2019)

Court: District Court, E.D. California Number: infdco20191021663 Visitors: 7
Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE FROM OCTOBER 23, 2019 TO APRIL 22, 2020 ERICA P. GROSJEAN , Magistrate Judge . The United States and Claimants Ara G. Dolarian, Arthur Ave. Consulting, Inc., Martel 3D 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 Conference from October 23, 2019, to April 22, 2020. Introduction
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STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE FROM OCTOBER 23, 2019 TO APRIL 22, 2020

The United States and Claimants Ara G. Dolarian, Arthur Ave. Consulting, Inc., Martel 3D 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 Conference from October 23, 2019, to April 22, 2020.

Introduction

In June and December 2015, the United States filed civil forfeiture complaints in rem against the above-captioned assets ("defendant assets"), seeking forfeiture of the defendant assets because they are the proceeds of a criminal violation of the Arms Export Control Act ("AECA"), 22 U.S.C. § 2778, et seq. The United States has served all known potential claimants to the defendant assets in a manner consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority. The Dolarian Claimants have appeared in this case with the filing of their claims and answers to the complaints. See ECF Nos. 22 and 24.

Further, the parties have stipulated to the consolidation of the two forfeiture actions, which was granted by the Court on April 5, 2019. See ECF No. 41. The parties jointly requested, and the Court granted, that the Scheduling Conference be rescheduled to October 23, 2019. See ECF No. 49.

Good Cause

On May 15, 2019, a Criminal Complaint was filed against Ara G. Dolarian ("Defendant Dolarian") and Dolarian Capital, Inc. ("DCI") in the Eastern District of California, case number 1:19-MC-00106-EPG. A warrant for the arrest of Defendant Dolarian was issued that same day. On May 16, 2019. Defendant Dolarian, in custody, appeared in court and was arraigned on the criminal complaint. The criminal matter against Dolarian is presently set for sentencing on December 9, 2019. In light of the sentencing hearing, the parties have conferred and agreed that the Mandatory Scheduling Conference should be continued to April 22, 2020.

This continuance of the Mandatory Scheduling Conference will allow the criminal matter to resolve. On this basis, the parties believe engaging in civil discovery would not be productive at this time. For this reason, and in the interests of judicial economy, the parties have agreed to stipulate to continue the Mandatory Scheduling Conference to April 22, 2020 (or to another date the Court deems appropriate).

As explained above, the parties believe that this request is in the interests of justice. Therefore, good cause exists to continue the Mandatory Scheduling Conference from October 23, 2019 to April 22, 2020, or to a date the Court deems appropriate.

Respectfully submitted, Dated: October 18, 2019 McGREGOR W. SCOTT United States Attorney /s/ Jeffrey A. Spivak JEFFREY A. SPIVAK Assistant U.S. Attorney Dated: October 17, 2019 /s/ George B. Newhouse, Jr. GEORGE B. NEWHOUSE, JR. Attorney for Claimants (As approved by email on 10/17/19)

ORDER

Pursuant to the stipulation of the parties (ECF No. 50) and good cause appearing, the Court makes the following order: The Mandatory Scheduling Conference is continued from October 23, 2019 to April 22, 2020, at 10:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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