EXHIBIT A 

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 1 of 9
AO 89B () Subpoena to Produce Documents, Information, or Objects in a Criminal Case

UNITED STATES DISTRICT COURT

for the 

__________ District of __________

United States of America )

)

)

)

)

v.

Case No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR

OBJECTS IN A CRIMINAL CASE

To:

(Name of person to whom this subpoena is directed)

YOU ARE COMMANDED to produce at the time, date, and place set forth below the following books, papers,

documents, data, or other objects:

Place: Date and Time:

Certain provisions of Fed. R. Crim. P. 17 are attached, including Rule 17(c)(2), relating to your ability to file a

motion to quash or modify the subpoena; Rule 17(d) and (e), which govern service of subpoenas; and Rule 17(g),

relating to your duty to respond to this subpoena and the potential consequences of not doing so. 

(SEAL)

Date:

CLERK OF COURT

Signature of Clerk or Deputy Clerk

The name, address, e-mail, and telephone number of the attorney representing (name of party)

, who requests this subpoena, are:

Notice to those who use this form to request a subpoena

Before requesting and serving a subpoena pursuant to Fed. R. Crim. P. 17(c), the party seeking the subpoena is advised to

consult the rules of practice of the court in which the criminal proceeding is pending to determine whether any local rules

or orders establish requirements in connection with the issuance of such a subpoena. If no local rules or orders govern

practice under Rule 17(c), counsel should ask the assigned judge whether the court regulates practice under Rule 17(c) to

1) require prior judicial approval for the issuance of the subpoena, either on notice or ex parte 2) specify where the

documents must be returned (e.g., to the court clerk, the chambers of the assigned judge, or counsel’s office); and 3)

require that counsel who receives produced documents provide them to opposing counsel absent a disclosure obligation

under Fed. R. Crim. P. 16. 

Please note that Rule 17(c) (attached) provides that a subpoena for the production of certain information about a victim

may not be issued unless first approved by separate court order.

 District of Arizona

Michael Lacey, et al.

2:18-CR-00422-PHX-SMB

Office of the Arizona Attorney General (Phoenix Office)

2005 N Central Ave., Phoenix, AZ 85004-2926

SEE EXHIBIT A (attached)

Ariel A. Neuman / Bird, Marella, et al.

1875 Century Park East, 23rd Floor

Los Angeles, CA 90067

12/31/2020 12:04 pm

JOHN BRUNST

Ariel A. Neuman. Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow P.C., 1875 Century Park E.,

23rd Floor, Los Angeles, CA 90067, Phone: (310) 201-2100, E-Mail: Aneuman@birdmarella.com

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 2 of 9
AO 89B () Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Page 2)

Case No.

PROOF OF SERVICE

This subpoena for (name of individual and title, if any)

was received by me on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

2:18-CR-00422-PHX-SMB

Office of the Arizona Attorney General (Phoenix Office)

0.00

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 3 of 9
AO 89B () Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Page 3)

Federal Rule of Criminal Procedure 17 (c), (d), (e), and (g) (Effective 12/1/08)

(c) Producing Documents and Objects.

(1) In General. A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena

designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in

evidence. When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them. 

(2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance

would be unreasonable or oppressive. 

(3) Subpoena for Personal or Confidential Information About a Victim. After a complaint, indictment, or information is filed, a

subpoena requiring the production of personal or confidential information about a victim may be served on a third party only by court

order. Before entering the order and unless there are exceptional circumstances, the court must require giving notice to the victim so that

the victim can move to quash or modify the subpoena or otherwise object.

(d) Service. A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena. The server must deliver a copy

of the subpoena to the witness and must tender to the witness one day’s witness-attendance fee and the legal mileage allowance. The server

need not tender the attendance fee or mileage allowance when the United States, a federal officer, or a federal agency has requested the

subpoena.

(e) Place of Service.

(1) In the United States. A subpoena requiring a witness to attend a hearing or trial may be served at any place within the United

States. 

(2) In a Foreign Country. If the witness is in a foreign country, 28 U.S.C. § 1783 governs the subpoena's service.

(g) Contempt. The court (other than a magistrate judge) may hold in contempt a witness who, without adequate excuse, disobeys a subpoena

issued by a federal court in that district. A magistrate judge may hold in contempt a witness who, without adequate excuse, disobeys a

subpoena issued by that magistrate judge as provided in 28 U.S.C. § 636(e). 

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 4 of 9
3679595.1

EXHIBIT A 

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION OR OBJECTS 

IN A CRIMINAL CASE 

(CR-18-00422-PHX-SMB) 

1) All correspondence or documents (whether in paper or electronic form) referencing the

investigation or prosecution of Backpage.com and/or any of its principals and employees,

including but not limited to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew

Padilla, and/or Joye Vaught.

2) All correspondence or documents (whether in paper or electronic form) referencing the

operations or activities of Backpage.com.

3) All documents reflecting any analysis of the legality of the operations or activities of

Backpage.com, and/or any of its principals and employees, including but not limited to Michael

Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and/or Joye Vaught.

4) All correspondence, attachments and other documentation (whether in paper or electronic

form) between the Arizona Attorney General’s Office or any of its employees, and the National

Center for Missing and Exploited Children or any of its employees, relating to Backpage.com

and any of its principals and employees, including but not limited to Michael Lacey, James

Larkin, Scott Spear, John Brunst, Andrew Padilla, and/or Joye Vaught.

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 5 of 9
AO 89B () Subpoena to Produce Documents, Information, or Objects in a Criminal Case

UNITED STATES DISTRICT COURT

for the 

__________ District of __________

United States of America )

)

)

)

)

v.

Case No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR

OBJECTS IN A CRIMINAL CASE

To:

(Name of person to whom this subpoena is directed)

YOU ARE COMMANDED to produce at the time, date, and place set forth below the following books, papers,

documents, data, or other objects:

Place: Date and Time:

Certain provisions of Fed. R. Crim. P. 17 are attached, including Rule 17(c)(2), relating to your ability to file a

motion to quash or modify the subpoena; Rule 17(d) and (e), which govern service of subpoenas; and Rule 17(g),

relating to your duty to respond to this subpoena and the potential consequences of not doing so. 

(SEAL)

Date:

CLERK OF COURT

Signature of Clerk or Deputy Clerk

The name, address, e-mail, and telephone number of the attorney representing (name of party)

, who requests this subpoena, are:

Notice to those who use this form to request a subpoena

Before requesting and serving a subpoena pursuant to Fed. R. Crim. P. 17(c), the party seeking the subpoena is advised to

consult the rules of practice of the court in which the criminal proceeding is pending to determine whether any local rules

or orders establish requirements in connection with the issuance of such a subpoena. If no local rules or orders govern

practice under Rule 17(c), counsel should ask the assigned judge whether the court regulates practice under Rule 17(c) to

1) require prior judicial approval for the issuance of the subpoena, either on notice or ex parte 2) specify where the

documents must be returned (e.g., to the court clerk, the chambers of the assigned judge, or counsel’s office); and 3)

require that counsel who receives produced documents provide them to opposing counsel absent a disclosure obligation

under Fed. R. Crim. P. 16.

Please note that Rule 17(c) (attached) provides that a subpoena for the production of certain information about a victim

may not be issued unless first approved by separate court order.

 District of Arizona

Michael Lacey, et al.

2:18-CR-00422-PHX-SMB

National Center for Missing and Exploited Children (NCMEC), its Attorneys and Custodian of Records

333 John Carlyle Street, Suite 125, Alexandra, VA 22314

SEE EXHIBIT A (Attached)

Ariel A. Neuman / Bird, Marella, et al.

1875 Century Park East, 23rd Floor

Los Angeles, CA 90067

12/31/2020 12:05 pm

JOHN BRUNST

Ariel A. Neuman. Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow P.C., 1875 Century Park E.,

23rd Floor, Los Angeles, CA 90067, Phone: (310) 201-2100, E-Mail: Aneuman@birdmarella.com

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 6 of 9
AO 89B () Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Page 2)

Case No.

PROOF OF SERVICE

This subpoena for (name of individual and title, if any)

was received by me on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

2:18-CR-00422-PHX-SMB

National Center for Missing and Exploited Children (NCMEC

0.00

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 7 of 9
AO 89B () Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Page 3)

Federal Rule of Criminal Procedure 17 (c), (d), (e), and (g) (Effective 12/1/08)

(c) Producing Documents and Objects.

(1) In General. A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena

designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in

evidence. When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them.

(2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance

would be unreasonable or oppressive.

(3) Subpoena for Personal or Confidential Information About a Victim. After a complaint, indictment, or information is filed, a

subpoena requiring the production of personal or confidential information about a victim may be served on a third party only by court

order. Before entering the order and unless there are exceptional circumstances, the court must require giving notice to the victim so that

the victim can move to quash or modify the subpoena or otherwise object.

(d) Service. A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena. The server must deliver a copy

of the subpoena to the witness and must tender to the witness one day’s witness-attendance fee and the legal mileage allowance. The server

need not tender the attendance fee or mileage allowance when the United States, a federal officer, or a federal agency has requested the

subpoena.

(e) Place of Service.

(1) In the United States. A subpoena requiring a witness to attend a hearing or trial may be served at any place within the United

States.

(2) In a Foreign Country. If the witness is in a foreign country, 28 U.S.C. § 1783 governs the subpoena's service.

(g) Contempt. The court (other than a magistrate judge) may hold in contempt a witness who, without adequate excuse, disobeys a subpoena

issued by a federal court in that district. A magistrate judge may hold in contempt a witness who, without adequate excuse, disobeys a

subpoena issued by that magistrate judge as provided in 28 U.S.C. § 636(e).

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 8 of 9
3679595.1

EXHIBIT A 

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION OR OBJECTS 

IN A CRIMINAL CASE 

(CR-18-00422-PHX-SMB) 

1) All correspondence or documents (whether in paper or electronic form) referencing the

investigation or prosecution of Backpage.com and/or any of its principals and employees,

including but not limited to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew

Padilla, and/or Joye Vaught.

2) All documents reflecting any analysis of the legality of the operations or activities of

Backpage.com, and/or any of its principals and employees, including but not limited to Michael

Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and/or Joye Vaught.

3) All correspondence, attachments and other documentation (whether in paper or electronic

form) between the Arizona Attorney General’s Office or any of its employees, and the National

Center for Missing and Exploited Children or any of its employees, relating to Backpage.com

and any of its principals and employees, including but not limited to Michael Lacey, James

Larkin, Scott Spear, John Brunst, Andrew Padilla, and/or Joye Vaught

Case 2:18-cr-00422-DJH Document 1083-1 Filed 11/04/20 Page 9 of 9