Court filing
NOTICE of Related Case(s) filed by Plaintiff USA as to Defendant… — USA v. Western Distribution, LLC. et al (Dkt. 131)
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2025-02-06 |
U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 131 · 2025-02-06 · Docket on CourtListener
Summary
A notice to the court of related criminal case under General Order 14-03, filed February 6, 2025 by the United States in United States v. Western Distribution, LLC and Carl Bradley Johansson, No. 5:21-cr-00170-JGB, in the U.S. District Court for the Central District of California, as Doc. 131. It states that the case was found related to United States v. National Distribution Services, Inc., et al., 5:18-CR-00114(B)-VAP, by Judge Virginia A. Phillips on July 28, 2021. The notice states that Johansson is a defendant in both cases, entered a single consolidated plea agreement, and in November 2024 filed the same habeas claim in both. It adds that Judge Jesus G. Bernal was reassigned the low-numbered criminal and habeas cases on December 10, 2024, and argues two judges should not adjudicate the same claim. It is signed by Assistant United States Attorney Matthew W. O'Brien.
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Full text
MATTHEW O’BRIEN (Cal. Bar No. 261568)
Assistant United States Attorney
Environmental Crimes and Consumer
Protection Section
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-8644
E-mail: Matthew.O’Brien@usdoj.gov
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
PLAINTIFF
v.
WESTERN DISTRIBUTION, LLC, and
CARL BRADLEY JOHANSSON
DEFENDANTS
CASE NUMBER
5:21-CR-00170-SSS; 5:24-CV-02552-SSS
NOTICE TO COURT OF
RELATED CRIMINAL CASE
(PURSUANT TO GENERAL ORDER 14-03)
Plaintiff United States of America hereby informs the Court that the above-captioned
criminal case was found to be related to United States v. National Distribution Services, Inc., et
al., 5:18-CR-00114(B)-VAP, which:
X
was previously assigned to the Honorable Virginia A. Phillips;
has not been previously assigned.
The above-entitled cases are related for the following reasons:
X
the cases arise out of the same conspiracy, common scheme, transaction,
series of transactions or events;
X
the cases involve one or more defendants in common and would entail
substantial duplication of labor in pretrial, trial or sentencing proceedings if
heard by different judges.
Additional explanation (if any):
The Honorable Virginia A. Phillips, United States District Judge, ruled that the above-
captioned criminal case was related to United States v. National Distribution Services, Inc., et al.,
5:18-CR-00114(B)-VAP, on July 28, 2021. (See Dkt. No. 26.) Carl Bradley Johansson
Case 5:21-cr-00170-JGB Document 131 Filed 02/06/25 Page 1 of 2 Page ID
#:1173
(“JOHANSSON”), who is a defendant in both cases, pled guilty in both cases pursuant to a
single, consolidated plea agreement. (See Dkt No. 32.)
In November 2024, JOHANSSON filed the same, identical habeas claim in both related
cases. On December 10, 2024, the Honorable Jesus G. Bernal, United States District Judge, was
re-assigned the low-numbered criminal case (C.D. Cal. Case No. 5:18-CR-00114(B)-JGB) as
well as the low-numbered habeas case (C.D. Cal. Case No. 5:24-CV-02550-JGB). The
government respectfully submits that it would waste judicial resources and risk inconsistent
outcomes for two district judges to adjudicate the same habeas claim.
Dated: February 6, 2025
MATTHEW W. O’BRIEN
Assistant United States Attorney
Case 5:21-cr-00170-JGB Document 131 Filed 02/06/25 Page 2 of 2 Page ID
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