USA v. Real property located at 15999 River Road, Guerneville, CA, et al.,

Filing 5

PROTECTIVE ORDER signed by District Judge Troy L. Nunley on 3/26/2024. (Clemente Licea, O)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:24-CV-00889-TLN-JDP Plaintiff, PROTECTIVE ORDER 13 14 15 16 v. REAL PROPERTY LOCATED AT 15999 RIVER ROAD, GUERNEVILLE, CALIFORNIA, SONOMA COUNTY, APN: 070-050-032-000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, AND 17 18 19 20 21 22 A PROMISSORY NOTE SECURED BY A MORTGAGE DATED JULY 25, 2022, AND RECORDED IN THE COUNTY OF FRESNO, CALIFORNIA ON JULY 28, 2022 IN THE AMOUNT OF $692,500.00, SECURED BY REAL PROPERTY LOCATED AT 2930 LOCAN AVENUE, CLOVIS, CALIFORNIA, APN: 555-250-41, Defendants. 23 24 This matter having come before this Court on the application of the United States of America for 25 entry of a protective order pursuant to 18 U.S.C. § 983(j)(1)(A), which provides courts with jurisdiction 26 to enter restraining orders and take such other action in connection with any property or other interest 27 subject to forfeiture to ensure its availability for forfeiture; and 28 29 30 1 Protective Order 1 IT APPEARING TO THE COURT THAT: 2 The United States has filed a civil forfeiture complaint with respect to the in rem defendant 3 known as the Promissory Note secured by a mortgage on real property located at 2930 Locan Avenue in 4 Clovis, California. 5 6 THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, PURSUANT TO 7 18 U.S.C. § 983(j)(1)(A) THAT: 8 9 10 The above-referenced property is hereby restrained in the manner described below. 1. Potential claimants shall not sell, transfer, negotiate, convey or dispose of the abovereferenced property specified in this protective order without further order of this Court. 11 2. Potential claimants shall not grant, convert, or otherwise modify the above-referenced 12 property specified in this protective order without further order of this Court, nor shall 13 potential claimants honor any demands by anyone or any entity to leverage or borrow 14 against the above-referenced property specified in this protective order without further 15 order of this Court. 16 3. That the potential claimants shall remit all disbursement or remuneration including but not 17 limited to, interest or accounting payments, affiliated with the above-referenced property 18 specified in this protective order payable to the U.S. Department of Treasury and sent to 19 the Internal Revenue Service - Criminal Investigation, 4330 Watt Avenue, M/S 4509, 20 Sacramento, California 95821, Attn: Dawn Penner, AFC. Any such payments will be 21 deposited into a Treasury suspense account; the IRS will provide an accounting for the 22 funds received as the Court deems appropriate. 23 4. That the potential claimants shall send copies of all future correspondence pertaining to 24 the above-referenced property specified in this protective order including but not limited 25 to, statements and accounting notices, to the Internal Revenue Service - Criminal 26 Investigation, 4330 Watt Avenue, M/S 4509, Sacramento, California 95821, Attn: Dawn 27 Penner, AFC. 28 29 30 2 Protective Order 1 The United States shall notice this Order on all potential claimants to the Promissory Note 2 discussed above, including, but not limited to, those associated with, and members of, Creative Property 3 Holdings LLC, the defendant in the related criminal case and their attorneys, and the owners of the real 4 property located at 2930 Locan Avenue in Clovis, California. 5 This Court shall retain jurisdiction of this matter for all purposes. The terms of this order shall 6 remain in full force and effect until judgment is rendered on the civil forfeiture complaint filed with 7 respect to the above-referenced property, or further order of the Court. In the event a party chooses to 8 modify the terms of the protective order, they can do so only with prior approval of the Court upon notice 9 to the United States and an opportunity for the United States to be heard. 10 SO ORDERED this 26th day of March 2024. 11 12 13 14 TROY L. NUNLEY United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 Protective Order

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