Proposed Order — USA v. Western Distribution, LLC. et al (Dkt. 138.1)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 138-1 · 2025-03-11 · Docket on CourtListener

Summary

Doc. 138-1, filed March 11, 2025 in No. 5:21-cr-00170-JGB in the U.S. District Court for the Central District of California, is the government's proposed order on its ex parte application concerning attorney-client communications of defendant Carl Bradley Johansson. The proposed order would find that the defendant waived privilege for communications with defense counsel Mark Werksman, Edward Robinson and Rachel Robinson relating to the ineffective-assistance claims in his motion to vacate filed November 13, 2024. It sets a schedule: government interrogatories by March 21, 2025, defense counsel's draft answers to the defendant by April 18, 2025, his objections by May 9, 2025, and responses or notice of withdrawal of the motion by May 23, 2025. It also sets protective terms, including filing under seal and use of the disclosures only to litigate the motion.

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Full text

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JOSEPH T. MCNALLY 
Acting United States Attorney 
LINDSEY GREER DOTSON 
Assistant United States Attorney 
Chief, Criminal Division 
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 
Facsimile: (213) 894-0141 
E-mail: 
Matthew.O'Brien@usdoj.gov 
 
Attorneys for Plaintiff/Respondent 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
UNITED STATES OF AMERICA, 
Plaintiff/Respondent, 
v. 
CARL BRADLEY JOHANSSON, 
  aka “Brad Johnson,”  
  aka “Carl Johnson,” 
  aka “C. Brad Johanson,” 
  aka “Jay Johnson,”  
  aka “Keith Golatta, 
 
Defendant/Petitioner. 
No. 5:18-CR-00114-JGB 
   5:21-CR-00170-JGB 
   5:24-CV-02550-JGB 
   5:24-CV-02552-JGB 
[PROPOSED] ORDER 
The Court has read and considered the government’s Ex Parte 
Application for a Court Order (1) Authorizing Disclosure of Certain 
Attorney-Client Communications, (2) Establishing Procedures for 
Obtaining Such Attorney-Client Communications, and (3) Implementing 
Protective Order for Such Obtained Communications (the 
“Application”).  The Court hereby finds that the Application, which 
this Court incorporates by reference into this Order, demonstrates 
facts that support the requested order.   
IT IS HEREBY OREDERED THAT:  
Case 5:21-cr-00170-JGB     Document 138-1     Filed 03/11/25     Page 1 of 5   Page ID
#:1205

 
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(A) 
 Defendant/petitioner CARL BRADLEY JOHANSSON, also known as 
“Brad Johnson,” “Carl Johnson,” “C. Brad Johanson,” “Jay Johnson,” 
and “Keith Golatta” (“defendant”), has waived the attorney-client 
privilege with respect to communications between himself and three of 
her counsel, Mark Werksman, Edward Robinson, and Rachel Robinson 
(“defense counsel”), concerning the events and facts related to 
defendant’s claims of ineffective assistance of counsel raised in his 
motion to vacate, set aside, or correct sentence filed on November 
13, 2024 in the above-captioned cases (the “Motion”). 
(B) 
In accordance with Bittaker v. Woodford, 331 F.3d 715, 720 
(9th Cir. 2003) (finding that upon court order waiving attorney-
client privilege, “the holder of the privilege may preserve the 
confidentiality of the privileged communication by choosing to 
abandon the claim that gives rise to the waiver condition”), if 
defendant chooses to withdraw the Motion, rather than waive his 
attorney-client privilege, defendant or defense counsel must notify 
the government and the Court no later than May 23, 2025. 
(C) 
The parties shall abide by the following procedures and  
schedule: 
a. 
By March 21, 2025, the United States Attorney’s Office 
for the Central District of California (the “USAO”) shall propound to 
defense counsel interrogatories related to defendant’s claim that 
defense counsel provided ineffective assistance of counsel. 
b. 
Defense counsel shall prepare written answers to the 
interrogatories, or note objections to particular interrogatories as 
beyond the scope of the appropriate waiver, providing reasons for any 
such objection.  By no later than April 18, 2025, defense counsel 
shall provide the interrogatories and their proposed answers and 
objections to defendant for defendant’s review. 
Case 5:21-cr-00170-JGB     Document 138-1     Filed 03/11/25     Page 2 of 5   Page ID
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c. 
By no later than May 9, 2025, defendant shall provide 
to defense counsel any additional objections to interrogatories 
believed to be beyond the scope of the waiver, providing reasons for 
any such objections, or advise defense counsel that he wishes to 
withdraw the Motion. 
d. 
By no later than May 23, 2025, defense counsel shall 
provide the USAO with either (a) notice that defendant has elected to 
withdraw the Motion, or (b) written responses, with supporting 
exhibits, if any, answering the interrogatories propounded by the 
USAO under penalty of perjury, or noting objections to those 
interrogatories as being beyond the scope of defendant’s waiver, 
together with the reasons for any such objections.  As set forth in 
Paragraph (B) above, to the extent that defense counsel provides 
notice to the USAO that defendant has elected to withdraw the Motion, 
defense counsel shall provide such notice to the Court. 
e. 
If the defendant has objections, or if other issues 
remain unresolved, the USAO shall file a motion to resolve the 
objections or issues along with a proposed briefing schedule by no 
later than June 5, 2025 (and the proposed briefing schedule shall 
propose new deadlines for the government’s response to defendant’s 
Motion and defendant’s Reply, which are currently due on June 5, 
2025, and July 3, 2025, respectively).  
IT IS FURTHER ORDERED THAT: 
 
1. 
The information disclosed in response to the USAO’s 
interrogatories will be considered confidential information and, 
absent further Court order, will not be disclosed by the USAO to any 
other law enforcement or prosecuting agency except as necessary to 
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assist in the USAO=s litigation of the ineffective assistance of 
counsel claim presented in the motion; 
 
2. 
Any pleadings referencing the information disclosed in 
response to the USAO’s interrogatories will be filed under seal; 
 
3. 
The information disclosed in response to the USAO’s 
interrogatories will be used by the USAO only for the purpose of 
litigating the claims presented in the Motion; 
 
4. 
The USAO will provide a copy of the Court’s order to 
any individual who is provided access to the information disclosed in 
response to the USAO’s interrogatories; and 
 
5. 
The protections of the protective order shall remain 
in place even after litigation of defendant’s ineffective assistance 
of counsel claim is completed.  
 
IT IS SO ORDERED. 
DATE 
HON. JESUS G. BERNAL 
UNITED STATES DISTRICT JUDGE 
Presented by: 
 /s/     
MATTHEW O'BRIEN 
Assistant United States Attorney 
 
 
Case 5:21-cr-00170-JGB     Document 138-1     Filed 03/11/25     Page 4 of 5   Page ID
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Case 5:21-cr-00170-JGB     Document 138-1     Filed 03/11/25     Page 5 of 5   Page ID
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