FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/12/2022 | DOCUMENT NO. 605570 | Page 1 of 4 | PUBLIC

__________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

) 

In the Matter of ) 

) 

Intuit, Inc., ) Docket No. 9408 

a corporation, ) 

) 

Respondent. ) 

__________________________________________) 

FIRST REVISED SCHEDULING ORDER 

In light of the order of the Commission staying this matter and resetting the date for 

commencement of the evidentiary hearing to March 27, 2023, dates in the April 27, 2022 

Scheduling Order are hereby revised as follows: 

September 16, 2022 - Respondent’s Counsel provides preliminary witness list (not 

including experts) with a brief summary of the proposed testimony. 

September 23, 2022 - Complaint Counsel provides expert witness list. 

Complaint Counsel provides supplemental witness list with a brief 

summary of the proposed testimony. 

September 30, 2022 - Respondent’s Counsel provides expert witness list. 

Respondent’s Counsel provides supplemental witness list with a

brief summary of the proposed testimony. 

October 14, 2022 - Deadline for issuing document requests, interrogatories and 

subpoenas, except for discovery for purposes 

of authenticity and admissibility of exhibits. 

October 14, 2022 - Deadline for issuing requests for admissions, except for requests 

for admissions for purposes of authenticity of documents. 

December 2, 2022 - Close of discovery, other than discovery permitted under Rule 

3.24(a)(4), depositions of experts, and discovery for purposes of 

authenticity and admissibility of exhibits. 
 

 

 

 

 

 

 

 

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December 9, 2022 - Deadline for Complaint Counsel to provide expert witness reports. 

December 16, 2022 - Complaint Counsel provides to Respondent’s Counsel its final 

proposed witness and exhibit lists, including depositions, copies of 

all exhibits (except for demonstrative, illustrative or summary 

exhibits and expert related exhibits), Complaint Counsel’s basis of

admissibility for each proposed exhibit, and a brief summary of the 

testimony of each witness. 

Complaint Counsel serves courtesy copies on ALJ of its final 

proposed witness and exhibit lists, its basis of admissibility for 

each proposed exhibit, and a brief summary of the testimony of 

each witness, including its expert witnesses. 

January 13, 2023 - Deadline for Respondent’s Counsel to provide expert witness 

reports (to be provided by 4 p.m. ET). Respondent’s expert report 

shall include (without limitation) rebuttal, if any, to Complaint 

Counsel’s expert witness report(s).

January 13, 2023 - Respondent’s Counsel provides to Complaint Counsel its final 

proposed witness and exhibit lists, including depositions, copies of 

all exhibits (except for demonstrative, illustrative or summary 

exhibits and expert related exhibits), Respondent’s basis of 

admissibility for each proposed exhibit, and a brief summary of the 

testimony of each witness. 

Respondent’s Counsel serves courtesy copies on ALJ its final 

proposed witness and exhibit lists, its basis of admissibility for 

each proposed exhibit, and a brief summary of the testimony of 

each witness, including its expert witnesses. 

January 20, 2023 - Parties that intend to offer confidential materials of an opposing 

party or non-party as evidence at the hearing must provide notice 

to the opposing party or non-party, pursuant to 16 C.F.R. 

§ 3.45(b).1 See Additional Provision 12. 

1 Appendix A to Commission Rule 3.31, the Standard Protective Order, states that if a party or third party wishes in 

camera treatment for a document or transcript that a party intends to introduce into evidence, that party or third 

party shall file an appropriate motion with the Administrative Law Judge within 5 days after it receives notice of a 

party’s intent to introduce such material. Commission Rule 3.45(b) states that parties who seek to use material 

obtained from a third party subject to confidentiality restrictions must demonstrate that the third party has been 

given at least 10 days’ notice of the proposed use of such material. To resolve this apparent conflict, the Scheduling 

Order requires that the parties provide 10 days’ notice to the opposing party or third parties to allow for the filing of

motions for in camera treatment. 

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January 27, 2023 - Complaint Counsel to identify rebuttal expert(s) and provide 

rebuttal expert report(s). Any such reports are to be limited to 

rebuttal of matters set forth in Respondent’s expert reports. If 

material outside the scope of fair rebuttal is presented, Respondent 

will have the right to seek appropriate relief (such as 

striking Complaint Counsel’s rebuttal expert reports or seeking 

leave to submit surrebuttal expert reports on behalf of 

Respondent). 

February 10, 2023 - Deadline for filing motions in limine to preclude admission 

of evidence. See Additional Provision 13. 

February 10, 2023 - Deadline for filing motions for in camera treatment of proposed 

trial exhibits. 

February 17, 2023 - Deadline for depositions of experts (including rebuttal experts) and 

exchange of expert related exhibits. 

February 17, 2023 - Exchange and serve courtesy copy on ALJ objections to final 

proposed witness lists and exhibit lists. The Parties are directed to 

review the Commission’s Rules on admissibility of evidence

before filing objections to exhibits and raise only objections that 

are necessary and valid. 

February 17, 2023 - Complaint Counsel files pretrial brief supported by legal authority. 

February 24, 2023 - Deadline for filing responses to motions in limine to preclude 

admission of evidence. 

February 24, 2023 - Deadline for filing responses to motions for in camera treatment of 

proposed trial exhibits. 

March 3, 2023 - Exchange proposed stipulations of law, facts, and authenticity. 

March 17, 2023 - Respondent’s Counsel files pretrial brief supported by legal 

authority. 

March 23, 2023 - Final prehearing conference to begin at 1:00 p.m. 

The parties shall meet and confer prior to the prehearing 

conference regarding trial logistics and proposed stipulations of 

law, facts, and authenticity of exhibits. To the extent the parties 

have agreed to stipulate to any issues of law, facts, and/or 

authenticity of exhibits, the parties shall prepare a list of such 

stipulations and submit a copy of the stipulations to the ALJ one 

business day prior to the conference. At the conference, the parties’ 

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list of stipulations shall be marked as “JX1” and signed by each 

party, and the list shall be offered into evidence as a joint exhibit. 

No signature by the ALJ is required. Any subsequent stipulations 

may be offered as agreed by the parties. 

Counsel may present any objections to the final proposed witness 

lists and exhibits. All trial exhibits will be admitted or excluded to 

the extent practicable. To the extent the parties agree to the 

admission of each other’s exhibits, the parties shall prepare a list 

identifying each exhibit to which admissibility is agreed, marked 

as “JX2” and signed by each party, which list shall be offered into 

evidence as a joint exhibit. No signature by the ALJ is required. 

March 27, 2023 - Commencement of Evidentiary Hearing, to begin at 10:00 a.m. 

ADDITIONAL PROVISIONS 

The Additional Provisions set forth in the April 27, 2022 Scheduling Order shall remain 

in force, with Paragraph 6 modified as follows: 

6. If papers filed with the Office of the Secretary contain in camera or confidential 

material, the filing party shall mark any such material in the complete version of their submission 

in a conspicuous matter, such as with highlighting or bracketing (i.e., with {bold font and 

braces}). 16 C.F.R. § 3.45(e). Parties shall be aware of the rules for filings containing such 

information, including 16 C.F.R. § 4.2. 

ORDERED: 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: September 12, 2022 

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