Court filing
Order Authorizing Disclosure of Attorney-Client Communications — Carl Bradley Johansson
No. 5:21-cr-00170-JGB · Doc. 140 · Docket on CourtListener
Full text
Case 5:21-cr-00170-JGB Document 140 Filed 03/24/25 Page 1 of 4 Page ID
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1 JOSEPH T. MCNALLY
Acting United States Attorney
2 LINDSEY GREER DOTSON
Assistant United States Attorney
3 Chief, Criminal Division
MATTHEW O'BRIEN (Cal. Bar No. 261568)
4 Assistant United States Attorney
Environmental Crimes and Consumer Protection Section
5 1400 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-8644
7 Facsimile: (213) 894-0141
E-mail: Matthew.O'Brien@usdoj.gov
8
Attorneys for Plaintiff/Respondent
9 UNITED STATES OF AMERICA
10 UNITED STATES DISTRICT COURT
11 FOR THE CENTRAL DISTRICT OF CALIFORNIA
12 UNITED STATES OF AMERICA, No. 5:18-CR-00114-JGB
5:21-CR-00170-JGB
13 Plaintiff/Respondent, 5:24-CV-02550-JGB
5:24-CV-02552-JGB
14 v.
ORDER
15 CARL BRADLEY JOHANSSON,
aka “Brad Johnson,”
16 aka “Carl Johnson,”
aka “C. Brad Johanson,”
17 aka “Jay Johnson,”
aka “Keith Golatta,
18
Defendant/Petitioner.
19
20 The Court has read and considered the government’s Ex Parte
21 Application for a Court Order (1) Authorizing Disclosure of Certain
22 Attorney-Client Communications, (2) Establishing Procedures for
23 Obtaining Such Attorney-Client Communications, and (3) Implementing
24 Protective Order for Such Obtained Communications (the
25 “Application”). The Court hereby finds that the Application, which
26 this Court incorporates by reference into this Order, demonstrates
27 facts that support the requested order.
28 IT IS HEREBY OREDERED THAT:
Case 5:21-cr-00170-JGB Document 140 Filed 03/24/25 Page 2 of 4 Page ID
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1 (A) Defendant/petitioner CARL BRADLEY JOHANSSON, also known as
2 “Brad Johnson,” “Carl Johnson,” “C. Brad Johanson,” “Jay Johnson,”
3 and “Keith Golatta” (“defendant”), has waived the attorney-client
4 privilege with respect to communications between himself and three of
her counsel, Mark Werksman, Edward Robinson, and Rachel Robinson
5
(“defense counsel”), concerning the events and facts related to
6
defendant’s claims of ineffective assistance of counsel raised in his
7
motion to vacate, set aside, or correct sentence filed on November
8
13, 2024 in the above-captioned cases (the “Motion”).
9
(B) In accordance with Bittaker v. Woodford, 331 F.3d 715, 720
10
(9th Cir. 2003) (finding that upon court order waiving attorney-
11
client privilege, “the holder of the privilege may preserve the
12
confidentiality of the privileged communication by choosing to
13 abandon the claim that gives rise to the waiver condition”), if
14 defendant chooses to withdraw the Motion, rather than waive his
15 attorney-client privilege, defendant or defense counsel must notify
16 the government and the Court no later than May 23, 2025.
17 (C) The parties shall abide by the following procedures and
18 schedule:
19 a. By March 21, 2025, the United States Attorney’s Office
20 for the Central District of California (the “USAO”) shall propound to
21 defense counsel interrogatories related to defendant’s claim that
22 defense counsel provided ineffective assistance of counsel.
23 b. Defense counsel shall prepare written answers to the
24 interrogatories, or note objections to particular interrogatories as
25 beyond the scope of the appropriate waiver, providing reasons for any
26 such objection. By no later than April 18, 2025, defense counsel
27 shall provide the interrogatories and their proposed answers and
28 objections to defendant for defendant’s review.
2
Case 5:21-cr-00170-JGB Document 140 Filed 03/24/25 Page 3 of 4 Page ID
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1 c. By no later than May 9, 2025, defendant shall provide
2 to defense counsel any additional objections to interrogatories
3 believed to be beyond the scope of the waiver, providing reasons for
4 any such objections, or advise defense counsel that he wishes to
5 withdraw the Motion.
6 d. By no later than May 23, 2025, defense counsel shall
7 provide the USAO with either (a) notice that defendant has elected to
8 withdraw the Motion, or (b) written responses, with supporting
9 exhibits, if any, answering the interrogatories propounded by the
10 USAO under penalty of perjury, or noting objections to those
11 interrogatories as being beyond the scope of defendant’s waiver,
12 together with the reasons for any such objections. As set forth in
13 Paragraph (B) above, to the extent that defense counsel provides
14 notice to the USAO that defendant has elected to withdraw the Motion,
15 defense counsel shall provide such notice to the Court.
16 e. If the defendant has objections, or if other issues
17 remain unresolved, the USAO shall file a motion to resolve the
18 objections or issues along with a proposed briefing schedule by no
19 later than June 5, 2025 (and the proposed briefing schedule shall
20 propose new deadlines for the government’s response to defendant’s
21 Motion and defendant’s Reply, which are currently due on June 5,
22 2025, and July 3, 2025, respectively).
23 IT IS FURTHER ORDERED THAT:
24 1. The information disclosed in response to the USAO’s
25 interrogatories will be considered confidential information and,
26 absent further Court order, will not be disclosed by the USAO to any
27 other law enforcement or prosecuting agency except as necessary to
28
3
Case 5:21-cr-00170-JGB Document 140 Filed 03/24/25 Page 4 of 4 Page ID
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