Exhibit C 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

In re Grand Jury Subpoena No. 16-04-108 

ORDER 

(SEALED) 

 The Court ruled on the validity of Grand Jury Subpoena No. 16-04-108 on 

February 22, 2017, and granted the government’s motion to compel compliance with 

items 1 through 3 of the subpoena. The Court ordered Carl Ferrer and Backpage.com, 

LLC to comply with these items of the subpoena by March 17, 2017. 

 Ferrer and Backpage.com have not complied, stating instead that they wish to 

appeal the Court’s decision. For reasons stated on the record at the February 22, 2017 

hearing, the Court finds the subpoena valid and concludes that the First Amendment 

rights of Ferrer and Backpage.com do not provide a legitimate basis for refusing to 

comply. Nor have Ferrer and Backpage.com argued that compliance with the subpoena 

would be unduly burdensome. The Court therefore concludes that their refusal to comply 

with the subpoena is without just cause, and holds them in civil contempt of court. 28 

U.S.C. § 1826(a). 

 Ferrer and Backpage.com have stated through counsel that they will comply fully 

with the Court’s ruling if it is upheld on appeal. In light of this position, the good faith of 

which the Court does not question, the Court will impose coercive civil sanctions – the 

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least coercive sanctions necessary to obtain compliance – but will immediately stay the 

sanctions pending appeal. If the Court’s ruling is upheld on appeal and Ferrer and 

Backpage.com comply with subpoena items 1 through 3, actual execution of the civil 

sanctions will not be necessary. If the ruling is upheld and Ferrer and Backpage.com do 

not comply, the contempt sanctions will be imposed to coerce compliance. 

IT IS ORDERED:

 1. Carl Ferrer and Backpage.com are found in civil contempt of the Court’s 

order compelling compliance with items 1 through 3 of Grand Jury Subpoena No. 16-04-

108. 

 2. Mr. Ferrer is personally assessed sanctions of $10,000 per day until he 

complies with the Court’s order. If compliance is not obtained within 10 days, the Court 

will consider ordering the United States Marshal to take immediate custody of Mr. Ferrer 

and hold him in custody until he complies with the Court’s order. 

 3. Backpage.com is assessed sanctions of $10,000 per day until it complies 

with the Court’s order. If compliance is not obtained within 10 days, the Court will 

consider increasing the amount of daily sanctions. 

 4. These civil contempt sanctions against Ferrer and Backpage.com are stayed 

pending appeal of the Court’s ruling. They shall become effective again if the Court of 

Appeals affirms this Court’s order and if Ferrer and Backpage.com do not fully comply 

with this Court’s order within 14 days of issuance of the mandate by the Court of 

Appeals. 

 5. During the pendency of the appeal and any related proceedings, Ferrer and 

Backpage.com shall preserve all information called for by items 1 through 3 of Grand 

Jury Subpoena No. 16-04-108. 

 

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 6. This order constitutes a final and appealable judgment of contempt. Mr. 

Ferrer and Backpage.com stated that they intend to file a notice of appeal by 

April 12, 2017 and to seek expedited review. 

 DATED this 7th day of April, 2017. 

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