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.

Opinion

11 PHILLIP A. TALBERT Acting 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. JUNE 2, 2021 TO OCTOBER 6, 2021 CURRENCY SEIZED FROM CITIBANK

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

2277 11 APPROXIMATELY $50,000.00 SEIZED FROM THE CALIFORNIA FRANCHISE 22 TAX BOARD, SOURCED FROM FUNDS WITHDRAWN FROM BANK OF AMERICA 33 SAVINGS ACCOUNT NUMBER 325016557963, HELD IN THE NAME OF 44 MARTEL 3D, LLC, and 55 2011 BMX X3, VIN: 5UXX5C54BL716300,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 June 2, 2021, to October 6, 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 June 2, 2021. See ECF No. 57, 58. 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 September 24, 2021. In light of the guilty plea and upcoming sentencing hearing, the parties 33 have conferred and agreed that the Mandatory Scheduling Conference should be continued to October 44 6, 2021. 55 This continuance of the Mandatory Scheduling Conference will allow the criminal matter to 66 resolve and a judgment entered by the Court. On this basis, the parties believe engaging in civil 77 discovery would not be productive. For this reason, and in the interests of judicial economy, the 88 parties have agreed to stipulate to continue the Mandatory Scheduling Conference to October 6, 2021 99 (or to another date the Court deems appropriate). 1100 As explained above, the parties believe that this request is in the interests of justice. Therefore, 1111 good cause exists to continue the Mandatory Scheduling Conference from June 2, 2021 to October 6, 1122 2021, or to a date the Court deems appropriate. 1133 Respectfully submitted,

1144 Dated: May 25, 2021 PHILLIP A. TALBERT Acting United States Attorney 1155

1166 /s/ Jeffrey A. Spivak JEFFREY A. SPIVAK 1177 Assistant U.S. Attorney

1188 Dated: May 25, 2021 /s/ George B. Newhouse, Jr. GEORGE B. NEWHOUSE, JR. 1199 Attorney for Claimants (As approved by email on 05/24/2021) 2200

2211 2222 2233 2244 2255 2266 2277 ORDER Pursuant to the stipulation of the parties (ECF No. 59), and good cause appearing, the Initial Scheduling Conference is continued from June 2, 2021, to October 6, 2021, at 10:30 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. 7 8 || IT IS SO ORDERED. “ll ated: _May 25, 2021 [fey — 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Stinulation and Order to Continue Mandatory