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. OCTOBER 23, 2019 TO APRIL 22,

CURRENCY SEIZED FROM CITIBANK 2020

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WITHDRAWN FROM BANK OF AMERICA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 October 23, 2019, to April 22, 2020. 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 October 23, 2019. See ECF No. 49. 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 MC-00106-EPG. A warrant for the arrest of Defendant Dolarian was issued that same day. On May 2277 16, 2019. Defendant Dolarian, in custody, appeared in court and was arraigned on the criminal 11 In light of the sentencing hearing, the parties have conferred and agreed that the Mandatory 22 Scheduling Conference should be continued to April 22, 2020. 33 This continuance of the Mandatory Scheduling Conference will allow the criminal matter to 44 resolve. On this basis, the parties believe engaging in civil discovery would not be productive at this 55 time. For this reason, and in the interests of judicial economy, the parties have agreed to stipulate to 66 continue the Mandatory Scheduling Conference to April 22, 2020 (or to another date the Court deems 77 appropriate). 88 As explained above, the parties believe that this request is in the interests of justice. Therefore, 99 good cause exists to continue the Mandatory Scheduling Conference from October 23, 2019 to April 1100 22, 2020, or to a date the Court deems appropriate. 1111 Respectfully submitted,

1122 Dated: October 18, 2019 McGREGOR W. SCOTT United States Attorney 1133

1144 /s/ Jeffrey A. Spivak 1155 JEFFREY A. SPIVAK Assistant U.S. Attorney 1166

1177 Dated: October 17, 2019 /s/ George B. Newhouse, Jr.

GEORGE B. NEWHOUSE, JR.

1188 Attorney for Claimants (As approved by email on 10/17/19) 1199

2200 2211 2222 2233 2244 2255 2266 2277

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. 4 IT IS SO ORDERED. 5 Dated: _ October 18, 2019 [spe ey —

UNITED STATES MAGISTRATE JUDGE

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Stinulation and Order to Continue □□□□□□□□□