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Home Court filings USA v. Western Distribution, LLC et al — C.D. Cal., Carl Bradley Johansson NOTICE of Related Case(s) filed by Plaintiff USA as to Defendant… — USA v. Western Dist…

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NOTICE of Related Case(s) filed by Plaintiff USA as to Defendant… — USA v. Western Distribution, LLC. et al (Dkt. 131)

Record facts

CourtU.S. District Court for the Central District of California
Filed2025-02-06

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
#:1174

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