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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v. 

Michael Lacey, et al.,

Defendants.

No. CR-18-00422-001-PHX-DJH

ORDER SETTING FINAL 

PRETRIAL CONFERENCE

On July 25, 2018, a federal grand jury returned a 100-count Superseding Indictment 

(“SI”) against Defendants Michael Lacey, James Larkin, Scott Spear, John “Jed” Brunst, 

Dan Hyer, Andrew Padiliia, Joye Vaught (collectively, “Defendants”). (Doc. 230). The 

SI alleges that Defendants are former owners and operators of Backpage.com, LLC

(“Backpage”), which was created in 2004 and shut down by federal law enforcement 

authorities in 2018. (Id.) The SI further alleges that the Defendants engaged in criminal 

acts while operating Backpage, including conspiracy, facilitating prostitution, and money 

laundering. (Id.) These acts are alleged to have occurred beginning on or about September

10, 2013, and continuing through April 2018. (Id.) 

A Jury Trial is scheduled to commence on June 20, 2023. Trial will be held 

Tuesdays through Fridays beginning on June 20, 2023, and through August 31, 2023, or 

until the conclusion of trial. The Court will adjourn each Friday at noon. Trial will be in 

recess on July 4–5, 2023, July 31–August 2, 2023, and September 1 and 5, 2023.

Pursuant to Federal Rule of Criminal Procedure 17.1, a Final Pretrial Conference is 

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set for June 14, 2023, at 1:00 p.m. before the Honorable Diane J. Humetewa in Courtroom 

605 of the Sandra Day O’Connor United States Courthouse, 401 W. Washington St., 

Phoenix, AZ, 85003. 

In preparation for the Final Pretrial Conference, IT IS ORDERED AS 

FOLLOWS: 

1. Attendance Required. Counsel who will be responsible for the trial of the 

case must attend the Final Pretrial Conference. No substitutions of counsel or remote 

appearances are permitted without good cause. The attendees must bring their calendars 

so trial scheduling can be discussed.

2. Joint Pretrial Memorandum. The parties must jointly develop and file with 

the Clerk of Court, no later than May 12, 2023, a Joint Pretrial Memorandum. The Joint 

Pretrial Memorandum must contain the following in separate paragraphs:

a. Counts. Identify (1) all counts contained in the superseding 

indictment that will be tried by jury; (2) all counts, if any, in the SI

that have been dismissed; and (3) all counts, if any, the government 

intends to dismiss before trial. 

b. Forfeiture Allegations. Identify any forfeiture allegation contained 

in the SI, whether any forfeiture allegation in the SI has been 

dismissed, or whether the government intends to dismiss any 

forfeiture allegation before trial. Also identify, where applicable, the 

status of any pending related civil forfeiture proceeding, and whether 

the issue of forfeiture shall be determined by jury verdict or by the 

Court if a guilty verdict is returned by the jury.

c. Notices. Identify all Notices of the Government’s Intent to Use 

Evidence. 

d. Motions in Limine. Identify all pending motions in limine.

1

1 Each Motion will include a certification by the proponent stating that the prior trial court 

has not considered or ruled on the proposed Motion. If an aspect of the Motion has been 

considered, the proponent shall refer to the relevant document number(s). 

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e. Other Motions. Identify all pending motions (other than motions in 

limine).

f. Stipulations. Identify and describe any joint stipulation that may be 

read or otherwise presented to the jury and treated as having been 

proved at trial. For example: “Stipulation of Fact: The drugs found in 

Defendant’s vehicle weighed approximately one pound.” Or: 

“Stipulation of Evidence: Bundles of drugs will be introduced as 

evidence at trial. There have been no breaks in the chain of custody 

between when the drugs were seized by law enforcement in this case 

and the date of trial.” Or: Stipulation of Evidence: The parties waive 

any objections relating to authenticity of the photos.

g. Numbers of Witnesses and Exhibits. Identify the approximate 

number of witnesses to be called and exhibits to be offered at trial.

h. Estimated Length of Trial. Propose the estimated amount of time to 

be allocated for each stage of trial as follows:

___ hours: Jury Selection

___ hours: Opening Statements (per Defendant)

___ hours: Government’s Case (including rebuttal)

___ hours: Defendants’ Case

___ hours: Closing Arguments (per Defendant)

___ hours: Total

i. Interpreter. State whether there will be a need for an interpreter at 

trial.

j. Procedures for Expediting Trial. Discuss and report on all available 

procedures that might be used to expedite trial, including but not 

limited to: (1) using summary exhibits in place of voluminous 

documentary evidence; (2) stipulations on authenticity and 

foundation; (3) presenting direct expert testimony through summary 

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or written reports; and (4) using the courtroom technology to expedite 

the presentation of evidence.

3. Notices Of Intent. All Notices of the Government’s Intent to Use Evidence 

must be filed and served at least seven (7) days before the Final Pretrial Conference. 

Untimely notices are subject to being summarily denied or stricken by the Court.

4. Motions In Limine. All motions in limine must be filed by April 21, 2023. 

Responses must be filed by April 28, 2023. No replies are permitted. Each motion must 

include proposed language for the order being sought from the Court, and state with 

precision the evidence that is subject to the proposed order and the limitation or exclusion 

placed on the evidence. Additionally, each motion must contain a certification that the 

movant’s counsel met and conferred in good faith with opposing counsel and the parties 

could not reach agreement. The motions and responses must be concise and must not 

exceed three pages in length. Counsel shall be prepared to argue the merits of such motions 

at the Final Pretrial Conference. The Court reminds the parties that it will not accept 

any new motions unless based on new law or facts.

2

 

5. Case-Related Documents. The parties must, by May 12, 2023, file the 

following documents (and submit copies of these documents in Word format to the 

2 Under the doctrine of law of the case, “a court is generally precluded from 

reconsidering an issue that has already been decided by the same court, or a higher court 

in the identical case,” absent a material change in circumstances. See Thomas v. Bible, 983 

F.2d 152, 154 (9th Cir. 1993). “The doctrine encourages the conservation of limited 

judicial resources and promotes consistency by allowing court decisions to govern the same 

issues in subsequent stages of the same case.” East Bay Sanctuary Covenant v. Trump, 950 

F.3d 1242, 1262 (9th Cir. 2020) (citing Am. Civil Liberties Union v. F.C.C., 523 F.2d 1344, 

1346 (9th Cir. 1975)). “For the doctrine to apply, the issue in question must have been 

decided either expressly or by necessary implication in the previous disposition.” Thomas, 

983 at 154 (internal quotations and alterations omitted). If the issue in question has already 

been decided, then reconsideration of the order is generally only permitted if “the prior 

decision is ‘clearly erroneous’ and enforcing it would create ‘manifest injustice’; 

intervening, controlling authority encourages reconsideration; or substantially different 

evidence is produced at a later merits trial.” East Bay Sanctuary Covenant, 950 F.3d at 

1262.

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chambers email address at humetewa_chambers@azd.uscourts.gov, as well as sending to 

chambers a paper courtesy copy of any document exceeding ten pages):

a. Stipulated Joint Statement of The Case.

3

 This will be read to the 

jury. If the parties have any disagreement about the statement, the

party objecting shall state the reason for its objection below the 

statement and offer an alternative statement.

b. Joint Proposed Verdict Forms. These should include any proposed 

special verdict forms or juror interrogatories. Upon filing their 

proposed verdict forms, the parties shall submit by email a copy in 

Microsoft Word format to humetewa_chambers@azd.uscourts.gov. 

c. Joint Proposed Jury Instructions. The joint list must contain the 

following four sections: 

(1) A list of all applicable Ninth Circuit Model Criminal 

Instructions, by title (do not include the text of the instruction), 

which are at http://www3.ce9.uscourts.gov/juryinstructions/model-criminal. If a model instruction is 

requested by both parties, the instruction shall be preceded by 

“ST” (stipulated-to). If the instruction is requested by only one 

party, the instruction shall be preceded by either “PL” 

(Plaintiff) or “DF” (Defendant) (if only certain Defendants, 

specify by surname). 

(2) Any non-model instructions to which the parties have 

stipulated, with only one instruction per page.

(3) Any non-model instructions requested by Plaintiff (numbered 

consecutively), with only one instruction per page. Plaintiff 

shall include citation to authority to support the requested 

instruction. Defendants shall state all objections to such 

3 The proposed summary should not substantially vary from the joint statement in the 

proposed juror pre-screening questionnaire.

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instruction immediately following the instruction and 

Plaintiff’s authority. Defendants shall support any objection 

with citation to authority. If Defendants offer an alternative 

instruction, such alternative instruction shall immediately 

follow Defendants’ objection.

(4) Any non-model instructions requested by Defendants

(numbered consecutively), with only one instruction per page. 

Defendants shall include citation to authority to support the 

requested instruction. Plaintiff shall state all objections to such 

instruction immediately following the instruction and

Defendants’ authority. Plaintiff shall support any objection 

with citation to authority. If Plaintiff offers an alternative 

instruction, such alternative instruction shall immediately 

follow Plaintiff’s objection.

(5) Upon filing the joint proposed jury instructions, counsel shall 

email a copy of the proposed jury instructions in Microsoft 

Word format to humetewa_chambers@azd.uscourts.gov. 

6. Exhibits. The parties must meet in person to exchange marked copies of all 

exhibits to be used at trial (excluding impeachment evidence not subject to early disclosure) 

no later than seven (7) days before the Final Pretrial Conference. During this meeting, the 

parties also must eliminate any duplicate exhibits.4 

Exhibits shall be delivered to the Courtroom Deputy no later than 48 hours prior 

to trial. The parties shall mark and deliver exhibits as described in Attachment A. The 

parties may agree to the admission of exhibits before trial. Stipulated exhibits shall be 

4 During the in-person meeting, the exhibits must be in the exact physical form that 

will be used at trial. In other words, if a party intends to offer a paper exhibit at trial, that 

party must have a marked paper copy at the in-person meeting, not an electronic copy. 

Also, the parties should mark their exhibits exactly as they intend to offer them at trial. 

During trial, exhibits will be admitted or rejected in their entirety. Thus, if any part of an 

exhibit is objectionable, it will be excluded in its entirety. Ordinarily, the parties will not 

be permitted to break offered exhibits into admissible sub-parts if an objection is sustained. 

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noted as “Stipulated” on the exhibit list of the offering party under the column entitled 

“Admitted in Evidence.” If all parties intend to refer to the exhibit at trial, the exhibit shall 

be included on the government’s exhibit list. 

During trial, the parties must advise the Courtroom Deputy in advance of each 

witness’s appearance which exhibits will be needed for each witness. All exhibits must be 

shown to opposing counsel before being offered.

7. Witness List. The parties shall deliver one (1) original and two (2) copies 

of the witness and exhibit lists, using the forms located on the court's website at 

http://www.azd.uscourts.gov/judges/judges-orders, to the Courtroom Deputy no later 

than 48 hours prior to trial. 

8. Information for Court Reporter. To facilitate the creation of an accurate 

record, please prepare a “Notice to Court Reporter” one week before the Final Pretrial 

Conference containing the following information:

a. Proper names, including those of witnesses.

b. Acronyms.

c. Geographic locations.

d. Technical (including medical) terms, names, or jargon.

e. Case names and citations.

f. Pronunciation of unusual or difficult words or names.

This notice need not be filed but must be provided via e-mail to Hilda Lopez at 

hilda_lopez@azd.uscourts.gov. Her contact number is 602-322-7256. Counsel also must 

advise the court reporter as soon as possible, but no later than two weeks before trial, if 

they would like to receive a real-time feed or daily turnaround transcript of the proceedings.

9. Subpoenas. If any subpoenas were previously issued and served in this 

matter, that they remain in effect and are answerable at the new trial date and the party who 

served the subpoena should advise the witnesses of the trial date.

10. Courtroom Technology. To facilitate the parties’ presentation at trial, the 

Court will direct the parties to meet with AV Support staff on June 14, 2023. Plaintiff’s 

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counsel shall meet with AV Support on the day of the Final Pretrial Conference, on June 

14, 2023, at 10:30 a.m. in Courtroom 605. Defendants’ counsel shall meet with AV 

Support immediately following the Final Pretrial Conference, on June 14, 2023, at 3:00 

p.m. in Courtroom 605. Should the parties wish to conduct any further testing of

courtroom technology and equipment or have related questions, they may contact AV 

Support at av_support@azd.uscourts.gov or 602-322-7160, no later than one week prior to 

trial. See details on the Court’s website at http://www.azd.uscourts.gov/judges/judgesorders at the Electronic/Video Courtroom Equipment Information link.

Defendants shall have reasonable time necessary for effective preparation when 

taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A). The Court 

therefore finds that the ends of justice outweigh the best interests of the public and the 

Defendants in a speedy trial. The Court finds excludable delay under Title 18 U.S.C. 

§3161(h)(7)(A) through June 20, 2023. 

Dated this 16th day of February, 2023.

Honorable Diane J. Humetewa

United States District Judge

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ATTACHMENT A

EXHIBIT AND TRIAL MATERIAL INSTRUCTIONS

1. Exhibits

No later than 48 hours prior to trial, the parties shall mark and list the trial 

exhibits and deliver one (1) original and one (1) copy of the trial exhibits to:

Courtroom Deputy: Liliana Figueroa

Email: liliana_figueroa@azd.uscourts.gov

Telephone: (602) 322-7212

2. Lists of Witnesses and Exhibits

No later than 48 hours prior to trial, the parties shall deliver one (1) original and 

two (2) copies of the witness and exhibit lists, using the forms located on the court's website 

at http://www.azd.uscourts.gov/judges/judges-orders, to:

Courtroom Deputy: Liliana Figueroa

Email: liliana_figueroa@azd.uscourts.gov

Telephone: (602) 322-7212

3. Depositions

No later than 48 hours prior to trial, original transcripts of depositions to be used 

at trial shall be delivered to:

Courtroom Deputy: Liliana Figueroa

Email: liliana_figueroa@azd.uscourts.gov

Telephone: (602) 322-7212

The party offering a deposition or portions thereof shall provide a certified copy of the 

transcript in accordance with the federal rules. A courtesy copy or portions of the 

deposition to be used at trial shall be provided to the Judge. 

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