United States of America v. The Real Property Commonly Known as 101 West Hermosa Drive, San Gabriel, California 91775 et al

Filing 34

ORDER re Government's 33 Motion to Dismiss. The Court hereby ORDERS the stay be lifted and DISMISSES the complaint (Dkt. No. 1 ). The Court DIRECTS the Clerk to close this case. Signed by U.S. District Judge John C. Coughenour. (SR)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 UNITED STATES OF AMERICA; 10 Plaintiff; 13 14 15 16 17 18 ORDER v. 11 12 CASE NO. C17-1138-JCC THE REAL PROPERTY COMMONLY KNOWN AS 101 WEST HERMOSA DRIVE, SAN GABRIEL, CALIFORNIA 91775, LOS ANGELES COUNTY, PARCEL NO. 536021022, TITLED IN THE NAME OF DEK GROUP, LLC; ALL FUNDS CONTAINED IN WELLS FARGO BANK ACCOUNT NUMBER XXXXXX4582, HELD IN THE NAME OF BRIAN K. BURNETT; 19 AND 20 ALL FUNDS CONTAINED IN BANK OF AMERICA ACCOUNT NUMBER XXXXXXXX9392, HELD IN THE NAME OF DEK GROUP, LLC; 21 22 23 Defendants. 24 25 26 This matter comes before the Court on the Government’s motion to lift the stay and dismiss its complaint (Dkt. No. 33). The Court previously stayed all proceedings in this civil ORDER C17-1138-JCC PAGE - 1 1 forfeiture case because the Government was prosecuting a related criminal case before the Court. 2 See United States of America v. Alexandra Shelburne, et al., Case No. CR17-0203-JCC, Dkt. No. 3 1 (W.D. Wash. 2017). The Court granted a series of stays pending resolution of the criminal 4 case. (Dkt. No. 15 at 3) (citing 18 U.S.C. § 981(g)(1); see Dkt. Nos. 18, 20, 22, 24, 28.) 5 On June 1, 2021, the United States filed a Superseding Information in the criminal case 6 with a forfeiture allegation stating that the proceeds of the offense, including the property at issue 7 in this case, are forfeitable. See Shelburne, Case No. CR17-0203-JCC, Dkt. No. 362. Defendant 8 Kilgore pleaded guilty, forfeiting the property identified in the forfeiture allegation of the 9 Superseding Information. Id. at Dkt. Nos. 367, 369. Defendant Kilgore’s judgment includes 10 restitution and forfeiture, as reflected in a final order of forfeiture previously granted by the 11 Court. Id. at Dkt. Nos. 377, 390. Therefore, the prosecution of the criminal case has ended and 12 all the properties at issue in this case have been forfeited. For these reasons, the Government 13 requests that the Court lift the stay and dismiss its complaint. (See Dkt. No. 33 at 4.) 14 Finding good cause for dismissal, the Court hereby ORDERS the stay be lifted and 15 DISMISSES the complaint (Dkt. No. 1). The Court DIRECTS the Clerk to close this case. 16 DATED this 9th day of December 2021. 19 A 20 John C. Coughenour UNITED STATES DISTRICT JUDGE 17 18 21 22 23 24 25 26 ORDER C17-1138-JCC PAGE - 2

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