Court filing
EX PARTE APPLICATION for Extension of Time to File Response/Reply… — USA v. Western Distribution, LLC. et al (Dkt. 141)
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2025-06-05 |
U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 141 · 2025-06-05 · Docket on CourtListener
Summary
The government's ex parte application, filed June 5, 2025 in No. 5:21-cr-00170-JGB in the U.S. District Court for the Central District of California, for more time to respond to defendant Carl Bradley Johansson's motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The caption also lists No. 5:18-CR-00114-JGB, 5:24-CV-02550-JGB and 5:24-CV-02552-JGB. It states that under a March 24, 2025 order the government issued interrogatories to the defendant's three prior attorneys on March 27, 2025 but had received no responses by its June 5, 2025 deadline. Citing the defendant's own request for an additional 60 days, it proposes new deadlines of July 25, 2025, August 8, 2025 and August 29, 2025 for objections, interrogatory responses and the government's filing. The five-page application is Document 141.
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BILAL A. ESSAYLI
United States Attorney
CHRISTINA T. SHAY
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
GOVERNMENT’S EX PARTE APPLICATION
FOR EXTENSION OF TIME TO RESPOND
TO MOTION TO VACATE, SET ASIDE, OR
CORRECT A FEDERAL SENTENCE UNDER
28 U.S.C. § 2255
[Proposed] Order file concurrently
herewith
Plaintiff/Respondent United States of America, by and through
its counsel of record, the United States Attorney for the Central
District of California and Assistant United States Attorney Matthew
O’Brien, hereby applies ex parte for an order from this Court
extending the time for the government to respond to the motion of
Defendant/Petitioner CARL BRADLEY JOHANSSON to vacate, set aside, or
correct his sentence under 28 U.S.C. § 2255.
The government did not contact defendant regarding this ex parte
application. Defendant is proceeding pro se. He is currently
Case 5:21-cr-00170-JGB Document 141 Filed 06/05/25 Page 1 of 5 Page ID
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imprisoned at FCI Lompoc I, where he is serving a 10-year sentence.
According to the Bureau of Prisons, defendant’s projected release
date is July 10, 2029.
This application is based upon the attached memorandum of points
and authorities, all files and records in the case, and upon such
further evidence or argument as may be requested by the Court.
Dated: June 5, 2025
Respectfully submitted,
BILAL A. ESSAYLI
United States Attorney
CHRISTINA T. SHAY
Assistant United States Attorney
Chief, Criminal Division
/s/
MATTHEW O’BRIEN
Assistant United States Attorney
Attorneys for Plaintiff/Respondent
UNITED STATES OF AMERICA
Case 5:21-cr-00170-JGB Document 141 Filed 06/05/25 Page 2 of 5 Page ID
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MEMORANDUM OF POINTS AND AUTHORITIES
The government moves ex parte for an order from this Court
extending the time for the government to respond to the motion
(“Motion”) of Defendant/Petitioner CARL BRADLEY JOHANSSON
(“defendant”) to vacate, set aside, or correct his 120-month sentence
under 28 U.S.C. § 2255.
On March 24, 2025, the Court issued an order (1) authorizing the
government to issue interrogatories to defendant’s three prior
attorneys to enable the government to respond to defendant’s Motion;
and (2) setting forth a schedule for the interrogatories and the
government’s opposition to the Motion. (Dkt. 470.) On March 27,
2025, the government issued its interrogatories to defendant’s three
prior attorneys. As of June 5, 2025 (the government’s deadline to
respond), the government has not received any responses to its
interrogatories.
On May 8, 2025, defendant filed an Ex Parte Request For
Extension of Time To Respond (C.D. Cal. Case No. 5:24-CV-02550-JGB,
Dkt. 10). Defendant sought an additional 60 days to respond to his
former attorneys’ responses to the interrogatories. The government
did not respond to defendant’s filing, and the Court did not issue a
ruling.
The government has reached out to defendant’s prior attorneys
regarding the status of the interrogatories. Defense counsel
informed the government that they submitted their proposed
interrogatory responses to defendant at FCI Lompoc long ago, but have
received no responses. The package that one attorney sent to
defendant was returned as “Return to Sender”; that attorney then re-
sent the package to defendant. Another attorney sent defendant a
Case 5:21-cr-00170-JGB Document 141 Filed 06/05/25 Page 3 of 5 Page ID
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second copy of the responses as a precaution after receiving notice
of defendant’s ex parte application.
Pursuant to defendant’s request for an additional 60 days to
respond, and to accommodate the schedules of counsel, the government
proposes that the deadlines set by the Court in its March 24, 2025
order be extended as follows:
a.
By no later than July 25, 2025, defendant shall
provide to defense counsel any 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.
b.
By no later than August 8, 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. 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.
//
//
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Case 5:21-cr-00170-JGB Document 141 Filed 06/05/25 Page 4 of 5 Page ID
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c.
By no later than August 29, 2025, the USAO shall file
either (1) a motion to resolve defendant’s objections (if any) or
other unresolved issues; or (2) if defendant has no objections, the
opposition brief to defendant’s Motion.
Dated: June 5, 2025
Respectfully submitted,
BILAL A. ESSAYLI
United States Attorney
CHRISTINA T. SHAY
Assistant United States Attorney
Chief, Criminal Division
/s/
MATTHEW O’BRIEN
Assistant United States Attorney
Attorneys for Respondent
UNITED STATES OF AMERICA
Case 5:21-cr-00170-JGB Document 141 Filed 06/05/25 Page 5 of 5 Page ID
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