United States of America v. The Real Property Commonly Known as 101 West Hermosa Drive, San Gabriel, California 91775 et al
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
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA;
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
ALL FUNDS CONTAINED IN WELLS
FARGO BANK ACCOUNT NUMBER
XXXXXX4582, HELD IN THE NAME OF
BRIAN K. BURNETT;
ALL FUNDS CONTAINED IN BANK OF
AMERICA ACCOUNT NUMBER
XXXXXXXX9392, HELD IN THE NAME OF
DEK GROUP, LLC;
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
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forfeiture case because the Government was prosecuting a related criminal case before the Court.
See United States of America v. Alexandra Shelburne, et al., Case No. CR17-0203-JCC, Dkt. No.
1 (W.D. Wash. 2017). The Court granted a series of stays pending resolution of the criminal
case. (Dkt. No. 15 at 3) (citing 18 U.S.C. § 981(g)(1); see Dkt. Nos. 18, 20, 22, 24, 28.)
On June 1, 2021, the United States filed a Superseding Information in the criminal case
with a forfeiture allegation stating that the proceeds of the offense, including the property at issue
in this case, are forfeitable. See Shelburne, Case No. CR17-0203-JCC, Dkt. No. 362. Defendant
Kilgore pleaded guilty, forfeiting the property identified in the forfeiture allegation of the
Superseding Information. Id. at Dkt. Nos. 367, 369. Defendant Kilgore’s judgment includes
restitution and forfeiture, as reflected in a final order of forfeiture previously granted by the
Court. Id. at Dkt. Nos. 377, 390. Therefore, the prosecution of the criminal case has ended and
all the properties at issue in this case have been forfeited. For these reasons, the Government
requests that the Court lift the stay and dismiss its complaint. (See Dkt. No. 33 at 4.)
Finding good cause for dismissal, the Court hereby ORDERS the stay be lifted and
DISMISSES the complaint (Dkt. No. 1). The Court DIRECTS the Clerk to close this case.
DATED this 9th day of December 2021.
John C. Coughenour
UNITED STATES DISTRICT JUDGE
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