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)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA;

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Plaintiff;

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ORDER

v.

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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;

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AND

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ALL FUNDS CONTAINED IN BANK OF
AMERICA ACCOUNT NUMBER
XXXXXXXX9392, HELD IN THE NAME OF
DEK GROUP, LLC;

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Defendants.

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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

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forfeiture case because the Government was prosecuting a related criminal case before the Court.

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See United States of America v. Alexandra Shelburne, et al., Case No. CR17-0203-JCC, Dkt. No.

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1 (W.D. Wash. 2017). The Court granted a series of stays pending resolution of the criminal

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case. (Dkt. No. 15 at 3) (citing 18 U.S.C. § 981(g)(1); see Dkt. Nos. 18, 20, 22, 24, 28.)

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On June 1, 2021, the United States filed a Superseding Information in the criminal case

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with a forfeiture allegation stating that the proceeds of the offense, including the property at issue

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in this case, are forfeitable. See Shelburne, Case No. CR17-0203-JCC, Dkt. No. 362. Defendant

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Kilgore pleaded guilty, forfeiting the property identified in the forfeiture allegation of the

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Superseding Information. Id. at Dkt. Nos. 367, 369. Defendant Kilgore’s judgment includes

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restitution and forfeiture, as reflected in a final order of forfeiture previously granted by the

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Court. Id. at Dkt. Nos. 377, 390. Therefore, the prosecution of the criminal case has ended and

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all the properties at issue in this case have been forfeited. For these reasons, the Government

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requests that the Court lift the stay and dismiss its complaint. (See Dkt. No. 33 at 4.)

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Finding good cause for dismissal, the Court hereby ORDERS the stay be lifted and

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DISMISSES the complaint (Dkt. No. 1). The Court DIRECTS the Clerk to close this case.

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DATED this 9th day of December 2021.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C17-1138-JCC
PAGE - 2