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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PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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2:24-CV-00889-TLN-JDP

Plaintiff,
PROTECTIVE ORDER

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v.
REAL PROPERTY LOCATED AT 15999
RIVER ROAD, GUERNEVILLE,
CALIFORNIA, SONOMA COUNTY, APN:
070-050-032-000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, AND

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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.

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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
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Protective Order

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IT APPEARING TO THE COURT THAT:

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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.
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THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, PURSUANT TO

7 18 U.S.C. § 983(j)(1)(A) THAT:
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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.

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2. Potential claimants shall not grant, convert, or otherwise modify the above-referenced

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property specified in this protective order without further order of this Court, nor shall

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potential claimants honor any demands by anyone or any entity to leverage or borrow

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against the above-referenced property specified in this protective order without further

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order of this Court.

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3. That the potential claimants shall remit all disbursement or remuneration including but not

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limited to, interest or accounting payments, affiliated with the above-referenced property

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specified in this protective order payable to the U.S. Department of Treasury and sent to

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the Internal Revenue Service - Criminal Investigation, 4330 Watt Avenue, M/S 4509,

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Sacramento, California 95821, Attn: Dawn Penner, AFC. Any such payments will be

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deposited into a Treasury suspense account; the IRS will provide an accounting for the

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funds received as the Court deems appropriate.

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4. That the potential claimants shall send copies of all future correspondence pertaining to

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the above-referenced property specified in this protective order including but not limited

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to, statements and accounting notices, to the Internal Revenue Service - Criminal

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Investigation, 4330 Watt Avenue, M/S 4509, Sacramento, California 95821, Attn: Dawn

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Penner, AFC.

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Protective Order

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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.
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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.
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SO ORDERED this 26th day of March 2024.

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TROY L. NUNLEY
United States District Judge

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Protective Order