PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 1 of 81 * PUBLIC *; 

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of

Microsoft Corp.

a corporation;

and 

Activision Blizzard, Inc., 

a corporation. 

Docket No. 9412

COMPLAINT COUNSEL’S OPPOSITION TO NON-PARTY STEVE SINGER’S 

MOTION TO QUASH COMPLAINT COUNSEL’S SUBPOENA AD TESTIFICANDUM

Nintendo of America Inc. (“Nintendo”) executive Steve Singer was one of Nintendo’s

 of an agreement with Microsoft Corp. (“Microsoft”) that purports to 

make Activision Blizzard Inc. (“Activision”) games in the Call of Duty franchise available on 

certain Nintendo hardware (the “Agreement”)1

 if Microsoft completes its acquisition of 

Activision (the “Proposed Transaction”). Whether the Agreement alleviates any of the

anticompetitive effects of the Proposed Transaction will be an issue at the evidentiary hearing. 

Complaint Counsel accordingly subpoenaed Mr. Singer for deposition testimony (the “Singer 

Subpoena”).2

 After Nintendo refused to accept service and Mr. Singer evaded process for several

1

 Exhibit 1. 2

 Exhibit 2.

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days, Complaint Counsel effected service on March 30. Mr. Singer moved to quash the subpoena

as untimely because it was served after March 3, which he contends is the applicable deadline. 

Mr. Singer’s argument that March 3 was the deadline contradicts the plain meaning of the

Scheduling Order. Even if the subpoena were untimely (it is not), there is good cause to require

Mr. Singer to testify. 

4 The March 3 deadline for issuing 

subpoenas does not apply. 

First, the Scheduling Order is crystal clear: March 3, 2023 is the “Deadline for 

issuing . . . subpoenas, except for discovery directed to witnesses who did not appear on either

side’s preliminary witness lists.” Scheduling Order at 1 (emphasis added).

 The Motion to Quash does not even attempt to argue

relevance, undue burden, or unfair prejudice. On the other hand, Nintendo has sought to delay 

Complaint Counsel’s discovery at every turn. Nintendo did not produce documents about the

Agreement until March 3 (the day Mr. Singer argues he should have been served).5

 Nintendo and 

Mr. Singer then refused service of the Singer Subpoena,6

 and Mr. Singer evaded service for 

Second, in the alternative, even if the Singer Subpoena were untimely, there is good 

cause for nevertheless requiring Mr. Singer to testify. On the one hand, there is no dispute that

his testimony “may be reasonably expected to yield information relevant to the allegations of the

complaint, to the proposed relief, or to the defenses of any respondent.” 16 C.F.R. § 3.31(c)(1). 

Mr. Singer has unique personal knowledge of the Agreement,

3

 Exhibit 3; Exhibit 4. 4

 Exhibit 5. 5

 Exhibit 7 at ⁋17.

6

 Exhibit 7 at ⁋24.

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several days.7 Even if the Singer Subpoena were untimely (which it is not), there was good cause

for any delay. Complaint Counsel respectfully moves the Court to deny Steve Singer’s Motion to 

Quash.

BACKGROUND 

1. The Agreement

On December 6, 2022, Nintendo and Microsoft executed a Letter of Intent purporting to 

bring games from Activision’s Call of Duty franchise to certain Nintendo hardware. Complaint

Counsel did not receive a copy of the Letter of Intent until January 30, 2023, and received it from

Microsoft, not Nintendo. On February 10, 2023, Nintendo and Microsoft executed the

Agreement. A copy of the Agreement was first produced to Complaint Counsel by Respondents

on February 24. Complaint Counsel expects Respondents to argue that the Agreement addresses

antitrust concerns with the Proposed Transaction. Complaint Counsel intends to rely on, inter 

alia, the terms of the Agreement itself and relevant testimony from Microsoft and Nintendo 

witnesses to demonstrate that the Agreement does not resolve the Proposed Transaction’s 

anticompetitive effects.

2. Complaint Counsel identified on its Preliminary Witness 

List and subpoenaed him on March 3

On January 17, Complaint Counsel served its preliminary witness list. Nintendo’s

8

7

 Exhibit 11.

8

 Exhibit 3.

3 
9 Several times before and after Complaint Counsel

 Complaint Counsel expressed to Nintendo its need for discovery on the topics 

 

 

 

 

 

 

 

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included within as well as the Agreement and related information.10

Over these repeated discussions, Nintendo maintained that nearly all information uniquely in its 

possession related to the Agreement was privileged.11 Contrary to the inaccurate assertion in the

Motion to Quash (Motion at 3), 

 Nor could it. 

 the Agreement was not executed until February 10, 2023. As for the Letter 

of Intent, it was signed on December 6, 2022, and the full quote from

(which the Motion to Quash inexcusably omits) says that

12

3. Nintendo first produced documents in response to Complaint Counsel’s February 1 

Document Subpoena on March 3, 2023

On February 1, 2023, Complaint Counsel issued a subpoena to Nintendo for documents, 

including documents relating to the

13 Complaint Counsel then spent the next several weeks negotiating Nintendo’s

response to the subpoena. Finally, on the afternoon of March 3, Nintendo made its first document

9

 Exhibit 6.

10 Exhibit 7 ⁋⁋ 12, 14 and 15. 11 Exhibit 7 ⁋⁋ 12, 14 and 15. 12 Exhibit 9 at ⁋17.

13 Exhibit 8 at Request 3.

4 
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production, including documents confirming 

14 

4. On March 8, Nintendo disclosed lacked personal knowledge of the

Agreement and then delayed identifying a suitable witness 

On March 8, 2023, Nintendo confirmed to Complaint Counsel that

15 A fact witness, of course, needs to have personal

knowledge of a matter to testify at the evidentiary hearing. Scheduling Order ¶ 21.

Complaint Counsel made repeated requests to Nintendo to make Mr. Singer available for 

deposition or identify another witness with personal knowledge of the Agreement.16 Nintendo 

instead proposed, inter alia, that (1) Complaint Counsel depose

17 (2) Complaint Counsel withdraw

 and depose no one from Nintendo if Microsoft agreed to

18 and (3) Complaint Counsel depose Mr. Singer instead of , despite

the differences in their personal knowledge.19 Nintendo’s proposed horse-trades did everything 

but what was required: produce witnesses who could offer testimony based on personal

knowledge that covered all of the issues in the case involving Nintendo. For that, 

and Singer’s testimony would be required. 

14 Exhibit 7 ⁋ 17. 

15 Exhibit 7 ⁋ 19.

16 Exhibit 7 ⁋⁋ 21-23. 

17 Exhibit 10 at 9.

18 Exhibit 7 ⁋ 18.

19 Exhibit 7 ⁋ 26.

5 
20 Exhibit 5. 21 Exhibit 10 at 10, 11. 22 See Exhibit 10 at 5.

23 See Exhibit 10 at 6-7, 9-10; Exhibit 7 at ⁋ 24. 24 Exhibit 11. 

25 Exhibit 11.

26 Exhibit 11.

27 Exhibit 12.

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5. On March 17, Complaint Counsel identified 

and attempted to serve him with a subpoena ad testificandum

Per the Court’s Scheduling Order, Complaint Counsel served

—on March 17.20 Complaint Counsel asked Nintendo’s counsel to 

accept service of the Singer Subpoena.21 Nintendo’s counsel refused to acknowledge

representing Mr. Singer22 and declined to accept service on his behalf.23 

Nintendo and Mr. Singer then resorted to multiple tactics to evade service.24 At

Nintendo’s offices in Redmond, Washington, Nintendo’s legal representative refused service of 

the Singer Subpoena.25 Then, at Mr. Singer’s house, two different process servers made six 

additional unsuccessful attempts to serve him.26 After a week of attempts, Complaint Counsel

effected service on March 30 through delivery of the Singer Subpoena via FedEx in accord with 

16 C.F.R. §§ 4.4(a)(1)(iii), 4.4(a)(3), and 4.4(c).27

ARGUMENT

I. The Singer Subpoena Was Timely 

Nintendo and Mr. Singer incorrectly argue the Singer Subpoena is untimely because

(according to them) the Scheduling Order prohibits issuing deposition subpoenas after March 3 

to 

 Motion at 1, 6. This is simply wrong as a matter of the plain text and 

meaning of the Scheduling Order. 

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The Court’s Scheduling Order is crystal clear: March 3, 2023 is the “Deadline for issuing 

 putting the Singer Subpoena squarely within the plain 

language of the March 3 deadline exception. Notably, Respondents made no objection to the

Singer Subpoena and “take no position on the Motion to Quash.”29

. . . subpoenas, except for discovery directed to witnesses who did not appear on either side’s 

preliminary lists.” Scheduling Order at 1 (emphasis added). 

The exception in the March 3 deadline is critical to ensuring fair and thorough 

proceedings. Without it, subpoenas would be limited essentially to third parties identified on 

preliminary witness lists (which were due in January 2023), despite the allowance for adding 

third parties to witness lists until March 17. The purpose of the exception is to enable both sides 

to conduct third party discovery to provide the Court a complete picture of the facts and prevent

unfair surprise at the evidentiary hearing. 

Contrary to Mr. Singer’s strained argument (Motion at 6), Paragraph 11 of the

Scheduling Order does not override the plain language of the March 3 deadline. Paragraph 11 

provides, in relevant part: “[e]ach side may depose any witness who (i) is listed on either side’s

preliminary witness list; (ii) is listed on the other side’s updated witness list; or (iii) provides a

declaration or affidavit offered by the other side.” Scheduling Order at 6 (emphasis added).

Paragraph 11 permits—and does not in any way limit—discovery. Its purpose, again, is to ensure

the opportunity to take depositions and prevent unfair surprise at trial from later-identified 

witnesses. If Paragraph 11 had provided that “[e]ach side may only depose any witness,” then his 

argument might hold water. But that is not the plain language of Paragraph 11. 

Exhibit

10 at 3.

29 Exhibit 13.

28 Exhibit 3; Exhibit 4. Contrary to inaccurate assertions in Nintendo’s Motion, 

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Mr. Singer’s argument that Paragraph 11 limits who may be deposed after March 3 is

nonsensical. Per Mr. Singer’s argument, a witness who first appears on a party’s updated witness 

list (because, for example, discovery has unearthed the witness’s identity or the relevance of his 

or her testimony) may not be deposed unless the witness also appears on the other side’s updated 

witness list or submits a declaration. See Motion at 6-7. Mr. Singer’s interpretation turns a

Scheduling Order written to ensure fairness into an invitation to trial by ambush. 

II. Even if It Were Untimely, there is Good Cause to Enforce the Singer Subpoena 

Even if the Singer Subpoena were late, which it was not, there is good cause to require

Mr. Singer to testify. 

First, motions to quash subpoenas for testimony from non-parties are denied when the

testimony sought is relevant to the case and unique to the witness. Non-party witnesses may not

quash a subpoena for testimony when “such information is uniquely in the possession of” the

non-party and when the witness would have “personal knowledge of facts that bear on key issues 

. . . and many topics that are relevant to the case.” In re Otto Block HealthCare N. Am. Inc., 

2018 WL 1836647, at *2 (F.T.C. Mar. 28, 2018) (denying motion to quash). “Even where

a subpoenaed third party adequately demonstrates that compliance with a subpoena will impose a

substantial degree of burden, inconvenience, and cost, that will not excuse producing information 

that appears generally relevant to the issues in the proceeding.” In re Homeadvisor, Inc., 2022 

FTC LEXIS 109, at *4 (Sept. 26, 2022) (citations omitted).

Above all, the Motion 

Mr. Singer unquestionably has unique, personal knowledge that is relevant to this case.

He has worked at Nintendo for more than twenty years and is Senior Vice President for Publisher

and Developer Relations, for responsible

to Quash concedes that Mr. Singer was a of the Agreement. Motion at

8 
 

 

PUBLIC

4, 7. Mr. Singer accordingly has unique personal knowledge about the

 Mr. Singer is expected to testify about

 Mr. Singer also will

be able to testify about

30 

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Second, as discussed above, while Complaint Counsel was diligent in trying to identify

and subpoena the appropriate Nintendo witnesses, Nintendo and Mr. Singer’s litigation tactics 

significantly contributed to any delay in subpoenaing Mr. Singer. Nintendo’s and Mr. Singer’s 

dilatory tactics should not succeed in excusing their obligation to provide testimony for this 

Court. 

CONCLUSION 

For the foregoing reasons, this Court should deny the Motion to Quash Complaint

Counsel’s subpoena for Mr. Singer’s deposition testimony. 

Dated: April 24, 2023 Respectfully submitted, 

By: s/ James H. Weingarten

James H. Weingarten

Maria Cirincione

Taylor Alexander

Kassandra DiPietro 

Edmund Saw 

30 Exhibit 14. (Jan. 20, 2023 email from

9 
 

 

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Federal Trade Commission 

600 Pennsylvania Ave., NW

Washington, DC 20580 

Telephone: (202) 326-3570 

Email: jweingarten@ftc.gov 

mcirincione@ftc.gov

talexander@ftc.gov 

kdipietro@ftc.gov

esaw@ftc.gov

Counsel Supporting the Complaint

10 

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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of

Microsoft Corp.

a corporation;

and 

Activision Blizzard, Inc., 

a corporation. 

Docket No. 9412

DECLARATION OF MARIA CIRINCIONE

My name is Maria Cirincione, I am over eighteen years of age, and I am a citizen of the

United States. I have personal knowledge of the information contained herein. If called as a witness, I

could and would testify as follows:

1. I am an attorney, I am a full-time employee of the Federal Trade Commission, I am licensed to 

practice law in Maryland and the District of Columbia, and I am Complaint Counsel in the

above-captioned matter. 

2. Below is a high-level chronology of events relevant to Complaint Counsel’s Opposition to NonParty Steve Singer’s Motion to Quash Complaint Counsel’s Subpoena Ad Testificandum. 

3. January 4, 2023 – This Court entered the Scheduling Order in this matter and the discovery 

period opened.
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4. January 17, 2023 – Complaint Counsel served its preliminary witness list, which included

 Exhibit 3.

5. January 19, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone

with Counsel for Nintendo (L. Gordon and B. Argyle). Complaint Counsel disclosed that

 and expressed 

interest in discovery regarding the publicly announced Letter of Intent (the “LOI”) entered

between Microsoft and Nintendo, 

Counsel for Nintendo 

indicated that internal documents related to the LOI were largely privileged. 

6. January 24, 2023 – Respondents served their joint preliminary witness list. 

 Exhibit 4.

7. January 30, 2023 – Complaint Counsel received from Microsoft a copy of the LOI entered

between Microsoft and Nintendo. Exhibit 15.

8. February 1, 2023 – Complaint Counsel issued a Subpoena Duces Tecum to Nintendo for 

documents, including documents related to 

 Exhibit 8.

9. February 6, 2023 – Nintendo filed an Agreed upon Motion for an Extension of Time to

Move to Limit or Quash Activision’s January 27 Subpoenas Duces Tecum. 

10. February 10, 2023 – Nintendo executed a definitive agreement with Microsoft

 (the “Agreement”) 
 Exhibit 1. The Agreement

 

11. February 15, 2023 – Joint meet and confer with Complaint Counsel, Activision, and 

Nintendo regarding Subpoenas Duces Tecum issued to Nintendo by Complaint Counsel and 

by Activision. Counsel for Nintendo again represented that the internal communications 

related to the LOI and Agreement were largely privileged. 

12. February 16, 2023 – Nintendo filed an agreed upon Motion for an Extension of Time to 

Move to Limit or Quash Complaint Counsel’s February 1 and Activision’s January 27 

Subpoenas Duces Tecum. As of this date, Nintendo had produced no documents in response

to Complaint Counsel’s February 1 Subpoena Duces Tecum.

13. February 22, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone

with Counsel for Nintendo (L. Gordon and B. Argyle) to discuss discovery related to the

Agreement. L. Gordon represented that

 and that internal documents were largely 

privileged. 

14. February 23, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone

with Counsel for Nintendo (L. Gordon and B. Argyle). In response to Complaint Counsel’s 

questions, Counsel for Nintendo represented that negotiations for the Agreement were

15. February 24, 2023 – Complaint Counsel received the executed Agreement from Respondent

Microsoft. 

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16. March 3, 2023 – Complaint Counsel

 Exhibit 6. Nintendo’s Counsel agreed to accept service of process

 Nintendo made its first production, which was only 94 documents, including some

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17. March 6, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone with 

Counsel for Nintendo (L. Gordon and B. Argyle), where Nintendo’s counsel asked if 

Complaint Counsel would drop its request for deposition if Respondents

would agree Complaint Counsel made clear the

need for testimony 

 inter alia, the Agreement. Complaint Counsel also told Nintendo that

 did not obviate the need for deposition testimony given 

these developments between Microsoft and Nintendo. 

18. March 8, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone with 

Counsel for Nintendo (L. Gordon and B. Argyle). Nintendo’s counsel informed Complaint

Counsel for the first time that

19. March 10, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone with 

Counsel for Nintendo (L. Gordon). L. Gordon asked Complaint Counsel if the deadline for 

issuing subpoenas was March 3. Complaint Counsel replied that it was not.

20. March 16, 2023 – Email from T. Alexander to L. Gordon and B. Argyle requesting Nintendo 

to identify a witness with personal knowledge about the Agreement. Exhibit 10 at 12-13. 
 

 

 

 

 

 

 

 

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21. March 17, 2023 – Complaint Counsel (T. Alexander and K. DiPietro) met by phone with 

Counsel for Nintendo (L. Gordon and B. Argyle) and memorialized the call via email. 

Complaint Counsel declined Nintendo’s offer to depose

without personal knowledge of the Agreement. Complaint Counsel pointed out the express

requirement of the Court’s Scheduling Order requiring that witnesses have personal

knowledge and stated that Complaint Counsel intended

Complaint Counsel asked whether Counsel for Nintendo would accept service

for Mr. Singer. Exhibit 10 at 11. 

22. March 17, 2023 – Complaint Counsel added , a third party in this 

matter, to its updated witness list. Complaint Counsel

Exhibit 5.

23. March 23, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone with 

Counsel for Nintendo (L. Gordon), and Complaint Counsel again reiterated its need for 

personal knowledge testimony regarding the Agreement based on the Scheduling Order, to 

which Nintendo’s Counsel responded that the Agreement and LOI 

 Nintendo’s Counsel

also stated they were not authorized by Nintendo to accept service for Mr. Singer and 

notified Complaint Counsel that they believed the subpoena was out of time. Exhibit 10 at 6-

7. 

24. March 23, 2023 – Complaint Counsel issued the Subpoena Ad Testificandum to Steve Singer

(the “Singer Subpoena”), with a courtesy copy sent by email to Counsel for Nintendo (L. 

Gordon and B. Argyle) and to Respondents. Exhibit 16; Exhibit 17. 

25. March 24, 2023 – Process servers began attempting service to Mr. Singer. Exhibit 11.
 

 

 

 

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26. March 27, 2023 – Complaint Counsel (M. Cirincione and T. Alexander) met by phone with 

Counsel for Nintendo (L. Gordon and B. Argyle). L. Gordon offered to produce Mr. Singer

for a deposition 

27. March 27, 2023 - Respondents subpoenaed , a third party in this 

matter. Exhibit 18.

28. March 29, 2023 – Complaint Counsel declined the proposal from Nintendo to take Mr.

Singer’s deposition in exchange for and reiterated the

need for testimony from a witness with personal knowledge of the topics

 Complaint Counsel sent to Counsel for Nintendo (L. 

Gordon and B. Argyle) and to Respondents a courtesy copy via email of the Singer Subpoena

to be served by FedEx at Mr. Singer’s home address, Nintendo’s Redmond, WA offices, and 

Nintendo’s Counsel’s New York offices. Exhibit 10 at 5-6; Exhibit 12; Exhibit 19;

Exhibit 20.

29. March 30, 2023 – The Singer Subpoena was successfully served at Nintendo’s Redmond, 

WA offices, Mr. Singer’s home, and at Nintendo’s Counsel’s New York offices in 

accordance with 16 C.F.R. § 4.4(a)(iii) and (c). Exhibit 12.

30. April 10, 2023 – Nintendo produced an additional 64 documents showing 

 Nintendo produced a total of 319 

documents in response to Complaint Counsel’s limited and properly issued discovery 

requests.

31. April 13, 2023 – Nintendo confirmed via email that Mr. Singer would not appear for his 

deposition on April 14, 2023, the date of appearance listed on the Singer Subpoena. Exhibit 
 

 

 

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21. Counsel for Microsoft stated they have no position related to the timeliness of the

subpoena. Exhibit 13. 

32. April 17, 2023 – As of this date, Respondents’ Counsel have not objected to Complaint

Counsel’s subpoenas to Nintendo. 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and

correct.

Executed on April 17, 2023. s/ Maria Cirincione

Maria Cirincione

On behalf of Counsel Supporting the Complaint
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PUBLIC
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UNITED STATES OF AMERICA J,l'EDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

Microsoft Corp. 

Claimant 

Case No.: 9142 

vs. 

Activision Blizzard, Inc. 

Respondent 

AFFIDAVIT OF DUE DILIGENCE 

I, Miguel Fernandez, a Private Process Seiver, having been duly authorized to make service of the Deposition Subpoena, Order 

Entering Joint Stipulation Governing the Taking of Remote Depositions, and Stipulation and Order Governing the Taking of 

Remote Depositions in the above entitled case, hereby depose and say: 

That I am over the age of eighteen years and not a party to or otherwise interested in this matter. 

That after due search, careful inquiry and diligent attempt(s), I have been unable to serve Steve Singer with the above named 

process. 

That on March 24, 2023 at 1 :30 PM, I attempted to serve Steve Singer at Nintendo of America, Inc., 

On this occasion, I spoke to a legal representative of Nintendo of America, Inc. who stated that they 

do not accept service oflegal documents at this location. 

That on March 28, 2023 at 7:35 P r at n 

this occasion, although I observe I rece1v no answer at t e oor. 

That on March 31, 2023 at 7:52 P~d to serve Steve Singer at On 

this occasion, although I observed--! received no answer at the door. 

I solemnly affirm under the penalties of perjury that the contents of this document arc true to the best of my knowledge, 

information, and belief. 

Client Ref Number.NIA 

Job#: 1616190 
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Microsoft Corp. 

Claimant 

Case No.: 9142 

vs. 

Activision Bliu.ard, Inc. 

Respondent 

UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

AFFIDAVIT OF DUE DILIGENCE 

I, Leslie Alexander, a Private Process Server, having been duly authorized to make service of the Deposition Subpoena, Order 

Entering Joint Stipulation Governing the Talcing of Remote Depositions, and Stipulation and Order Governing the Taking of 

Remote Depositions in the above entitled case, hereby depose and say: 

That I am over the age of eighteen years and not a party to or otherwise interested in this matter. 

That after due search, careful inquiry and diligent attempt(s), I have been unable to serve Steve Singer with the above named 

process. 

That on March 27, 2023 at 4:28 PM I attem ted to serve Steve Sin er at 

this occasion, although I heard I received no answer at the door. In 

addition, I observed a package addressed to Steve Singer at the front door. Accordingly, I left my contact infonnation affixed to the 

door. 

That on March 27, 2023 at 6: 12 PM I attem ted to serve Steve Singer at _ On 

this occasion, although I heard and my contact infonnation was no longer affixed to the door, I 

received no answer after knocking and ringing the doorbell. 

That on March 29, 2023 at 2:08 PM I attcm ted to serve Steve Sin er at[ n 

this occasion, again, I observed but received no answer at the door. In addition, I 

observed that the the packages at the door ·were gone. Accordingly, I again left my contact information affixed to the door at this 

time. 

That on March 29, 2023 at 6:03 PM, I attempted to serve Steve Sin er a~ On 

this occasion, again, I observed and my contact information was still affixed, I received 

no answer at the door. 

I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, 

infonnation, and belief. 

Leslie Alexander 

Client Ref Number.NIA 

Job#: 1616190 
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Photos for service attempts on Steve Singer (#1616190). 

• 03/ 24/ 23 at 1:30 PM at Nintendo of America, Inc., 

Order#: 431142 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 32 of 81 * PUBLIC *; 

• 03/ 27 / 23 at 4:28 PM at 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 33 of 81 * PUBLIC *; 

• 03/ 27 / 23 at 6:12 PM at 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 34 of 81 * PUBLIC *; • 03/ 28/ 23 at 7:35 PM at 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 35 of 81 * PUBLIC *; 

• 03/ 29/ 23 at 2:08 PM at 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 36 of 81 * PUBLIC *; 

• 03/ 29/ 23 at 6:03 PM at 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 37 of 81 * PUBLIC *; 

• 03/ 31/ 23 at 7:52 PM at 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 38 of 81 * PUBLIC *; 

EXHIBIT 12 
 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 39 of 81 * PUBLIC *; 

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of

Microsoft Corp.

a corporation;

and 

Activision Blizzard, Inc., 

a corporation. 

Docket No. 9412

DECLARATION OF DEVON ALLEN 

My name is Devon Allen, I am over eighteen years of age, and I am a citizen of the United 

States. I have personal knowledge of the information contained herein. If called as a witness, I could

and would testify as follows:

1. I am a Litigation Support Specialist, am a full-time employee of the Federal Trade Commission, 

and am supporting Complaint Counsel in the above-captioned matter. 

2. On March 29, 2023, following our customary protocol, I prepared three Subpoena Ad 

Testificandum packages for Steve Singer of Nintendo of America Inc. (“Nintendo”) at the

request of J. Weingarten and M. Cirincione. The only difference between the three packages 

was the delivery address located in Box 1 on each of the Subpoena Forms.
 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 40 of 81 * PUBLIC *; 

a. One Subpoena package was directed to the personal home of Steve Singer, at

 We obtained this address from Capitol

Process Services, Inc. at a cost of $250.

b. One Subpoena package was directed to the workplace of Steve Singer, at Nintendo of 

America Headquarters, at

c. One Subpoena package was directed to counsel of record for Nintendo and was 

addressed to Leonard Gordon, Venable LLC, 151 W. 42nd Street, 49th Floor, New

York, NY 10036.

3. On March 29, 2023, I directed our Document Processing Group to prepare the three

subpoena packages referenced above for transmission, including to be printed, affixed with 

an official FTC seal, and inserted into FedEx envelopes with the appropriate FedEx labels for 

overnight delivery.

4. On March 29, 2023, I received FedEx notifications that each of the three packages were

tendered to FedEx. See the notifications attached to this declaration.

5. On March 30, 2023, I received FedEx notifications that each of the three packages were

delivered to the addresses detailed above and signed on delivery as detailed below. See the

notifications attached to this declaration.

a. Mr. Singer’s home address: signed for by 

b. Nintendo’s Redmond, WA offices: signed for by 

c. Nintendo’s Counsel’s NY offices: signed for by 
 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 41 of 81 * PUBLIC *; 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and

correct.

Executed on April 17, 2023. s/ Devon Allen

Devon Allen

On behalf of Counsel Supporting the Complaint
 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 42 of 81 * PUBLIC *; 

Allen, Devon

From: TrackingUpdates@fedex.com

Sent: Wednesday, March 29, 2023 6:13 PM

To: Allen, Devon

Subject: FedEx Shipment . This shipment was tendered to FedEx Express

Follow Up Flag: Flag for follow up

Flag Status: Flagged

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FedEx

Hi. This shipment was 

tendered to FedEx Express 

on Wed 3/29/2023.

Adult Signature Required

ON TIME

Estimated delivery date

Thu, 03/30/2023 

before 12:00pm 

To help

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PICKED UP

ALEXANDRIA, VA

1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 43 of 81 * PUBLIC *; 

MANAGE DELIVERY

TRACKING NUMBER

FROM Federal Trade Commission

400 7th Street SW

WASHINGTON, DC, US, 20024

TO Steve Singer

PURCHASE ORDER NUMBER 1029

REFERENCE Docket 9412 - Singer Home

SHIPPER REFERENCE Docket 9412 - Singer Home

SHIP DATE Wed 3/29/2023 05:55 PM

PACKAGING TYPE FedEx Envelope

ORIGIN WASHINGTON, DC, 20024

DESTINATION

SPECIAL HANDLING Deliver Weekday

Residential Delivery

ASR

STANDARD TRANSIT Thu, 03/30/2023 by 12:00pm

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 0.50 LB

SERVICE TYPE FedEx Priority Overnight

2
 

Get the FedEx®

Mobile app 

Create shipments, receive tracking 

alerts, redirect packages to a FedEx 

retail location for pickup, and more

from the palm of your hand 

- Download now.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 5:13 PM CDT 03/29/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the 

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back 

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and 

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved.

Thank you for your business. 

3

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 44 of 81 * PUBLIC *; 
 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 45 of 81 * PUBLIC *; 

Allen, Devon

From: TrackingUpdates@fedex.com

Sent: Thursday, March 30, 2023 4:40 PM

To: Allen, Devon

Subject: FedEx Shipment : Your package has been delivered

Follow Up Flag: Follow up

Flag Status: Flagged

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FedEx

Hi. Your package was 

delivered Thu, 03/30/2023 at

11:42am.

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Delivered to

Received by 

OBTAIN PROOF OF DELIVERY

TRACKING NUMBER

FROM Federal Trade Commission

400 7th Street SW

WASHINGTON, DC, US, 20024

1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 46 of 81 * PUBLIC *; 

TO Steve Singer

DOOR TAG NUMBER

PURCHASE ORDER NUMBER 1029

REFERENCE Docket 9412 - Singer Home

SHIPPER REFERENCE Docket 9412 - Singer Home

SHIP DATE Wed 3/29/2023 05:55 PM

DELIVERED TO Residence

PACKAGING TYPE FedEx Envelope

ORIGIN WASHINGTON, DC, US, 20024

DESTINATION

SPECIAL HANDLING Deliver Weekday

Residential Delivery

ASR

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 0.50 LB

SERVICE TYPE FedEx Priority Overnight

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

FedEx

Get the FedEx®

Mobile app 

Create shipments, receive tracking 

alerts, redirect packages to a FedEx 

retail location for pickup, and more

from the palm of your hand 

- Download now.

2

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Download Android App
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 3:39 PM CDT 03/30/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the 

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back 

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and 

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved.

Thank you for your business. 

3

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 47 of 81 * PUBLIC *; 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 48 of 81 * PUBLIC *; 
 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 49 of 81 * PUBLIC *; 

Allen, Devon

From: TrackingUpdates@fedex.com

Sent: Wednesday, March 29, 2023 7:51 PM

To: Allen, Devon

Subject: FedEx Shipment . This shipment was tendered to FedEx Express

Follow Up Flag: Flag for follow up

Flag Status: Flagged

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

FedEx

Hi. This shipment was 

tendered to FedEx Express 

on Wed 3/29/2023.

Adult Signature Required

ON TIME

Estimated delivery date

Thu, 03/30/2023 

before 10:30am 

To help

protect y

privacy,

Micro so f

Office

prevente

auto mati

downloa

this pictu

from the

In ternet.

PICKED UP

ALEXANDRIA, VA

1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 50 of 81 * PUBLIC *; 

MANAGE DELIVERY

TRACKING NUMBER

FROM Federal Trade Commission

400 7th Street SW

WASHINGTON, DC, US, 20024

TO Nintendo of America Inc.

c/o Steve Singer

PURCHASE ORDER NUMBER 1029

REFERENCE Docket 9412 - Singer HQ Nin.

SHIPPER REFERENCE Docket 9412 - Singer HQ Nin.

SHIP DATE Wed 3/29/2023 05:55 PM

PACKAGING TYPE FedEx Envelope

ORIGIN WASHINGTON, DC, 20024

DESTINATION

SPECIAL HANDLING Deliver Weekday

ASR

STANDARD TRANSIT Thu, 03/30/2023 by 10:30am

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 0.50 LB

SERVICE TYPE FedEx Priority Overnight

2
 

Get the FedEx®

Mobile app 

Create shipments, receive tracking 

alerts, redirect packages to a FedEx 

retail location for pickup, and more

from the palm of your hand 

- Download now.

 

 

 

 

FOLLOW FEDEX

To help To help To help To help To help To help To help

protect protect protect protect protect protect protect

your your your your your your your

privacy, privacy, privacy, privacy, privacy, privacy, privacy,

Microsoft Microsoft Microsoft Microsoft Microsoft Microsoft Microsoft

Office Office Office Office Office Office Office

prevented prevented prevented prevented prevented prevented prevented

automatic automatic automatic automatic automatic automatic automatic

download download download download download download download

of this of this of this of this of this of this of this

picture picture picture picture picture picture picture

from the from the from the from the from the from the from the

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 6:50 PM CDT 03/29/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the 

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back 

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and 

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved.

Thank you for your business. 

3

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 51 of 81 * PUBLIC *; 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 52 of 81 * PUBLIC *; 

Allen, Devon

From: TrackingUpdates@fedex.com

Sent: Thursday, March 30, 2023 12:47 PM

To: Allen, Devon

Subject: FedEx Shipment : Your package has been delivered

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

FedEx

Hi. Your package was 

delivered Thu, 03/30/2023 at

9:39am.

To help

protect y

privacy,

Micro so f

Office

prevente

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In ternet.

Delivered to

Received by 

OBTAIN PROOF OF DELIVERY

TRACKING NUMBER

FROM Federal Trade Commission

400 7th Street SW

WASHINGTON, DC, US, 20024

TO Nintendo of America Inc.

c/o Steve Singer

1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 53 of 81 * PUBLIC *; 

PURCHASE ORDER NUMBER 1029

REFERENCE Docket 9412 - Singer HQ Nin.

SHIPPER REFERENCE Docket 9412 - Singer HQ Nin.

SHIP DATE Wed 3/29/2023 05:55 PM

DELIVERED TO Shipping/Receiving

PACKAGING TYPE FedEx Envelope

ORIGIN WASHINGTON, DC, US, 20024

DESTINATION

SPECIAL HANDLING Deliver Weekday

ASR

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 0.50 LB

SERVICE TYPE FedEx Priority Overnight

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

FedEx

Get the FedEx®

Mobile app 

Create shipments, receive tracking 

alerts, redirect packages to a FedEx

retail location for pickup, and more

from the palm of your hand 

- Download now.

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FOLLOW FEDEX

2
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 11:47 AM CDT 03/30/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the 

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back 

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and 

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved.

Thank you for your business. 

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 54 of 81 * PUBLIC *; 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 55 of 81 * PUBLIC *; 
 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 56 of 81 * PUBLIC *; 

Allen, Devon

From: TrackingUpdates@fedex.com

Sent: Wednesday, March 29, 2023 6:11 PM

To: Allen, Devon

Subject: FedEx Shipment . This shipment was tendered to FedEx Express

Follow Up Flag: Flag for follow up

Flag Status: Flagged

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

FedEx

Hi. This shipment was 

tendered to FedEx Express 

on Wed 3/29/2023.

Adult Signature Required

ON TIME

Estimated delivery date

Thu, 03/30/2023 

before 10:30am 

To help

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Micro so f

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PICKED UP

ALEXANDRIA, VA

1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 57 of 81 * PUBLIC *; 

MANAGE DELIVERY

TRACKING NUMBER

FROM Federal Trade Commission

400 7th Street SW

WASHINGTON, DC, US, 20024

TO Venable LLC

c/o Leonard Gordon

151 W. 42nd Street

49th Floor

NEW YORK, NY, US, 10036

PURCHASE ORDER NUMBER 1029

REFERENCE Docket 9412 - Singer Counsel

SHIPPER REFERENCE Docket 9412 - Singer Counsel

SHIP DATE Wed 3/29/2023 05:55 PM

PACKAGING TYPE FedEx Envelope

ORIGIN WASHINGTON, DC, 20024

DESTINATION NEW YORK, NY, US, 10036

SPECIAL HANDLING Deliver Weekday

ASR

STANDARD TRANSIT Thu, 03/30/2023 by 10:30am

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 0.50 LB

SERVICE TYPE FedEx Priority Overnight

2
 

Get the FedEx®

Mobile app 

Create shipments, receive tracking 

alerts, redirect packages to a FedEx 

retail location for pickup, and more

from the palm of your hand 

- Download now.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Please do not respond to this message. This email was sent from an unattended mailbox.

This report was generated at approximately 5:11 PM CDT 03/29/2023.

All weights are estimated. 

To track the latest status of your shipment, click on the tracking number above. 

Standard transit is the date and time the package is scheduled to be delivered by, based on the 

selected service, destination and ship date. Limitations and exceptions may apply. Please see

the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back 

Guarantee, or contact your FedEx Customer Support representative. 

© 2023 Federal Express Corporation. The content of this message is protected by copyright and 

trademark laws under U.S. and international law. Review our privacy policy. All rights reserved.

Thank you for your business. 

3

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 58 of 81 * PUBLIC *; 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 59 of 81 * PUBLIC *; 

Allen, Devon

From: TrackingUpdates@fedex.com

Sent: Thursday, March 30, 2023 2:20 PM

To: Allen, Devon

Subject: FedEx Shipment : Your package has been delivered

Follow Up Flag: Flag for follow up

Flag Status: Flagged

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

FedEx

Hi. Your package was 

delivered Thu, 03/30/2023 at

1:25pm.

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Micro so f

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Delivered to 151 W 42ND ST, NEW YORK, NY 10036

Received by 

OBTAIN PROOF OF DELIVERY

TRACKING NUMBER

FROM Federal Trade Commission

400 7th Street SW

WASHINGTON, DC, US, 20024

TO Venable LLC

c/o Leonard Gordon

1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 60 of 81 * PUBLIC *; 

151 W. 42nd Street

49th Floor

NEW YORK, NY, US, 10036

PURCHASE ORDER NUMBER 1029

REFERENCE Docket 9412 - Singer Counsel

SHIPPER REFERENCE Docket 9412 - Singer Counsel

SHIP DATE Wed 3/29/2023 05:55 PM

DELIVERED TO Receptionist/Front Desk

PACKAGING TYPE FedEx Envelope

ORIGIN WASHINGTON, DC, US, 20024

DESTINATION NEW YORK, NY, US, 10036

SPECIAL HANDLING Deliver Weekday

ASR

NUMBER OF PIECES 1

TOTAL SHIPMENT WEIGHT 0.50 LB

SERVICE TYPE FedEx Priority Overnight

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

FedEx

Get the FedEx®

Mobile app 

Create shipments, receive tracking 

alerts, redirect packages to a FedEx

retail location for pickup, and more

from the palm of your hand 

- Download now.

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Download Itunes App

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Download Android App

2
FOLLOW FEDEX

To help To help To help To help To help To help To help

protect protect protect protect protect protect protect

your your your your your your your

privacy, privacy, privacy, privacy, privacy, privacy, privacy,

Microsoft Microsoft Microsoft Microsoft Microsoft Microsoft Microsoft

Office Office Office Office Office Office Office

prevented prevented prevented prevented prevented prevented prevented

automatic automatic automatic automatic automatic automatic automatic

download download download download download download download

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 61 of 81 * PUBLIC *; 
PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 62 of 81 * PUBLIC *; 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 63 of 81 * PUBLIC *; 

EXHIBIT 13 

PUBLIC
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 64 of 81 * PUBLIC *; 

From: apastan-contact

To: Weingarten, James; abohanon-contact; Abell, James; Beth Wilkinson -contact; SteveSunshine-contact; JuliaYorkcontact

Subject: RE: FTC/Xbox/ABK Weekly Call

Date: Thursday, April 13, 2023 11:38:54 AM

Respondents take no position on the Motion to Quash.

From: Weingarten, James <jweingarten@ftc.gov>

Sent: Thursday, April 13, 2023 11:23 AM

To: Anastasia Pastan <apastan@wilkinsonstekloff.com>; Alysha Bohanon

<abohanon@wilkinsonstekloff.com>; Abell, James <jabell@ftc.gov>; Beth Wilkinson

<bwilkinson@wilkinsonstekloff.com>; SteveSunshine-contact <steve.sunshine@skadden.com>;

JuliaYork-contact <julia.york@skadden.com>

Subject: RE: FTC/Xbox/ABK Weekly Call

Are Respondents taking any position with respect to the Motion to Quash the Singer Subpoena?

James H. Weingarten

Deputy Chief Trial Counsel

Federal Trade Commission

Bureau of Competition

(202) 326-3570

jweingarten@ftc.gov

From: Anastasia Pastan <apastan@wilkinsonstekloff.com>

Sent: Thursday, April 13, 2023 11:12 AM

To: Weingarten, James <jweingarten@ftc.gov>; abohanon-contact

<abohanon@wilkinsonstekloff.com>; Abell, James <jabell@ftc.gov>; Beth Wilkinson -contact

<bwilkinson@wilkinsonstekloff.com>; SteveSunshine-contact <steve.sunshine@skadden.com>;

JuliaYork-contact <julia.york@skadden.com>

Subject: RE: FTC/Xbox/ABK Weekly Call

James,

Respondents agreed that depositions could take place out of time, and that we would take no

position on Nintendo’s motion to quash the Singer subpoena. We will maintain that position going

forward, but do not join Complaint Counsel's position that the Singer subpoena is timely.

Best,

Anastasia
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 65 of 81 * PUBLIC *; 

Anastasia Pastan | Counsel

WILKINSON STEKLOFF LLP

2001 M Street NW, 10th Flr, Washington, DC 20036

Direct: (202) 804-4239 | Fax: (202) 847-4005

apastan@wilkinsonstekloff.com

wilkinsonstekloff.com

Pronouns: She/Her/Hers

The information contained in this communication is confidential, may be attorney-client privileged

and constitute protected work product, may constitute inside information, and is intended only for

the use of the intended addressee. It is the property of Wilkinson Stekloff LLP. Unauthorized use,

disclosure or copying of this communication or any part thereof is strictly prohibited and may be

unlawful. If you have received this communication in error, please notify us immediately by return

email and destroy this communication and all copies thereof, including all attachments.

From: Weingarten, James <jweingarten@ftc.gov>

Sent: Thursday, April 13, 2023 10:22 AM

To: Alysha Bohanon <abohanon@wilkinsonstekloff.com>; Abell, James <jabell@ftc.gov>; Beth

Wilkinson <bwilkinson@wilkinsonstekloff.com>; SteveSunshine-contact

<steve.sunshine@skadden.com>; JuliaYork-contact <julia.york@skadden.com>; Anastasia Pastan

<apastan@wilkinsonstekloff.com>

Subject: RE: FTC/Xbox/ABK Weekly Call

Counsel:

We previously discussed Nintendo’s intention to move to quash the FTC’s subpoena to depose Steve

Singer. Nintendo filed its motion on Monday. As you know, the FTC is seeking testimony related to,

inter alia, the agreement Microsoft signed with Nintendo. Previously, Complaint Counsel and

Respondents had agreed not to challenge the timeliness of each side’s notices of third parties

depositions so long as the depositions fell within a reasonable time of the close of fact discovery. It is

our understanding, therefore, that Respondents agree that Complaint Counsel’s subpoena of Mr.

Singer’s deposition is timely. If our understanding is incorrect, please advise by 5pm Eastern today

(April 13).

Sincerely,

James

James H. Weingarten

Deputy Chief Trial Counsel

Federal Trade Commission

Bureau of Competition
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 66 of 81 * PUBLIC *; 

(202) 326-3570

jweingarten@ftc.gov

-----Original Appointment-----

From: Alysha Bohanon <abohanon@wilkinsonstekloff.com>

Sent: Monday, January 9, 2023 3:53 PM

To: Alysha Bohanon; Weingarten, James; Abell, James; Beth Wilkinson -contact; SteveSunshinecontact; JuliaYork-contact; apastan-contact

Subject: FTC/Xbox/ABK Weekly Call

When: Monday, April 10, 2023 4:00 PM-5:00 PM (UTC-05:00) Eastern Time (US & Canada).

Where: https://wilkinsonstekloff.zoom.us/j/82224427085

Alysha Bohanon is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting

https://wilkinsonstekloff.zoom.us/j/82224427085

Meeting ID: 822 2442 7085

One tap mobile

+13052241968,,82224427085# US

+13092053325,,82224427085# US

Dial by your location

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Meeting ID: 822 2442 7085

Find your local number: https://wilkinsonstekloff.zoom.us/u/k007p7Y3S

Join by SIP

PUBLIC
 

 

 

 

 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 67 of 81 * PUBLIC *; 

82224427085@zoomcrc.com

Join by H.323

162.255.37.11 (US West)

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115.114.131.7 (India Mumbai)

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213.244.140.110 (Germany)

103.122.166.55 (Australia Sydney)

103.122.167.55 (Australia Melbourne)

149.137.40.110 (Singapore)

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Meeting ID: 822 2442 7085

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 68 of 81 * PUBLIC *; 

EXHIBIT 14 

REDACTED IN ENTIRETY

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 69 of 81 * PUBLIC *; 

EXHIBIT 15 

REDACTED IN ENTIRETY

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 70 of 81 * PUBLIC *; 

EXHIBIT 16 

PUBLIC
 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 71 of 81 * PUBLIC *; 

From: Cirincione, Maria

To: Gordon, Leonard L.; Argyle, Benjamin P.

Cc: Alexander, Taylor; Chen, Qing Yu; Smith, Esther; Miller, David

Subject: Complaint Counsel"s Subpoena to Steve Singer of Nintendo of America Inc.

Date: Thursday, March 23, 2023 5:20:11 PM

Attachments: 2023.03.23 CC"s SAT to Nintendo (Singer).pdf

Len and Benjamin,

Please find attached a courtesy copy of Complaint Counsel’s Subpoena to Steve Singer of Nintendo

of America Inc., which will be served on Mr. Singer by process server.

Kind regards,

Maria
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 72 of 81 * PUBLIC *; 

EXHIBIT 17 

PUBLIC
 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 73 of 81 * PUBLIC *; 

From: Allen, Devon

To: Beth Wilkinson -contact; rkilaru-contact; abohanon-contact; apastan-contact; rsokoloff@wilkinsonstekloff.com;

ghill-contact; sneuman-contact; tbuzzelli@wilkinsonstekloff.com; MichaelMoiseyev-contact; MeganGrangercontact; roy.gilchrist@weil.com; Christine.Kim@weil.com; SteveSunshine-contact; MariaRaptis-contact; JuliaYorkcontact; MichaelSheerin-contact; Jaime.Harn@skadden.com; Robert.Hochberg@skadden.com;

Michael.Hohmann@skadden.com; tbuzzelli@wilkinsonstekloff.com; csandler@wilkinsonstekloff.com

Cc: Weingarten, James; Bayer Femenella, Peggy; Abell, James; Alexander, Taylor; DiPietro, Kassandra; Cirincione,

Maria; Martin, Teresa; Wint, Corene; Smith, Esther; Chen, Qing Yu

Subject: In the Matter of Microsoft Corp./Activision Blizzard, Inc. (Dkt. No. 9412) - Complaint Counsel"s Subpoena Ad

Testificandum

Date: Thursday, March 23, 2023 3:39:56 PM

Attachments: 2023.03.23 CC"s SAT to Nintendo (Singer).pdf

Dear Counsel:

Complaint Counsel provides electronic service of a subpoena ad testificandum issued today in the

above-referenced matter. Please contact me if you are unable to access the attachment.

Sincerely,

Devon Allen

Litigation Support Specialist

Federal Trade Commission

(202) 326-2154

dallen1@ftc.gov
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 74 of 81 * PUBLIC *; 

EXHIBIT 18 

REDACTED IN ENTIRETY

PUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 75 of 81 * PUBLIC *; PUBLIC

EXHIBIT 19 
 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 76 of 81 * PUBLIC *; 

From: Allen, Devon

To: Beth Wilkinson -contact; rkilaru-contact; abohanon-contact; apastan-contact; rsokoloff@wilkinsonstekloff.com;

ghill-contact; sneuman-contact; tbuzzelli@wilkinsonstekloff.com; MichaelMoiseyev-contact; MeganGrangercontact; roy.gilchrist@weil.com; Christine.Kim@weil.com; SteveSunshine-contact; MariaRaptis-contact; JuliaYorkcontact; MichaelSheerin-contact; Jaime.Harn@skadden.com; Robert.Hochberg@skadden.com;

Michael.Hohmann@skadden.com; tbuzzelli@wilkinsonstekloff.com; csandler@wilkinsonstekloff.com

Cc: Weingarten, James; Bayer Femenella, Peggy; Abell, James; Alexander, Taylor; DiPietro, Kassandra; Cirincione,

Maria; Martin, Teresa; Wint, Corene; Smith, Esther; Chen, Qing Yu

Subject: In the Matter of Microsoft Corp./Activision Blizzard, Inc. (Dkt. No. 9412) - Complaint Counsel"s Subpoenas Ad

Testificandum

Date: Wednesday, March 29, 2023 2:45:46 PM

Attachments: 2023.03.29 CC"s SAT to Singer (Nintendo HQ).pdf

2023.03.29 CC"s SAT to Singer (Home).pdf

2023.03.29 CC"s SAT to Singer (Counsel).pdf

Dear Counsel:

Complaint Counsel provides electronic service of subpoenas ad testificandum issued today in the

above-referenced matter. Please contact me if you are unable to access the attachments.

Sincerely,

Devon Allen

Litigation Support Specialist

Federal Trade Commission

(202) 326-2154

dallen1@ftc.gov
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 77 of 81 * PUBLIC *; PUBLIC

EXHIBIT 20 

REDACTED IN ENTIRETY
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 78 of 81 * PUBLIC *; PUBLIC

EXHIBIT 21 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 79 of 81 * PUBLIC *; 

From: Argyle, Benjamin P.

To: Cirincione, Maria; Gordon, Leonard L.

Cc: Alexander, Taylor; Miller, David; Smith, Esther; Chen, Qing Yu; Prapaisilp, Jay V.; Munoz, Michael A.

Subject: RE: Singer Subpoena - April 14, 2023 Appearance Date

Date: Thursday, April 13, 2023 5:10:24 PM

MariaWe confirm that Mr. Singer will not be appearing tomorrow. Your interpretation of Rule 3.34 is

inconsistent with ours.

SincerelyBenjamin

Please note our new street address effective March 27, 2023. All other information is the same.

Benjamin P. Argyle, Esq. | Venable LLP

t 212.503.0665 | f 212.307.5598

151 W. 42nd Street, 49th Floor, New York, NY 10036

BPArgyle@Venable.com | www.Venable.com

From: Cirincione, Maria <mcirincione@ftc.gov>

Sent: Thursday, April 13, 2023 12:58 PM

To: Gordon, Leonard L. <LLGordon@Venable.com>; Argyle, Benjamin P. <BPArgyle@Venable.com>

Cc: Alexander, Taylor <talexander@ftc.gov>; Miller, David <dmiller1@ftc.gov>; Smith, Esther

<esmith1@ftc.gov>; Chen, Qing Yu <qchen@ftc.gov>

Subject: Singer Subpoena - April 14, 2023 Appearance Date

Caution: External Email

Counsel:

While you have filed a motion to quash Mr. Singer’s deposition subpoena, the subpoena directed to

him is still in force and includes April 14, 2023 as the date for Mr. Singer to appear. Please respond

by 4:00PM today to confirm that Mr. Singer is not going to appear for his scheduled deposition

tomorrow.

Thank you,

Maria

************************************************************************

This electronic mail transmission may contain confidential or privileged information. If

you believe you have received this message in error, please notify the sender by reply

transmission and delete the message without copying or disclosing it.

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PUBLIC FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 80 of 81 * PUBLIC *; 

CERTIFICATE OF SERVICE 

I hereby certify that on April 24, 2023, I filed the foregoing document electronically using the 

FTC’s E-Filing System, which will send notification of such filing to: 

April Tabor 

Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-113 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

 Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

I also certify that I caused the foregoing document to be served via email to: 

Leonard. L. Gordon Steven Sunshine 

Benjamin P. Argyle Julia K. York 

Venable LLP Jessica R.Watters 

151 W. 42nd Street, 49th Floor Skadden, Arps, Slate, Meagher & Flom LLP 

New York, NY 10036 1440 New York Ave, NW 

(212) 307-5500 Washington, DC 20005 

LLGordon@Venable.com (202) 371-7860 

BPArgyle@Venable.com steve.sunshine@skadden.com 

julia.york@skadden.com 

Michael A. Munoz jessica.watters@skadden.com 

Jay V. Prapaisilp 

Venable LLP Maria Raptis 

600 Massachusetts Ave., N.W. Matthew M. Martino 

Washington, D.C. 20001 Michael Sheerin 

(202) 344-4000 Evan R. Kreiner 

MAMunoz@Venable.com Andrew D. Kabbes 

JVPrapaisilp@Venable.com Bradley J. Pierson 

Skadden, Arps, Slate, Meagher & Flom LLP 

Counsel for Non-Parties Steve Singer One Manhattan West 

and Nintendo of America Inc. New York, NY 10001 

(212) 735-2425 

Beth Wilkinson maria.raptis@skadden.com 

Rakesh Kilaru matthew.martino@skadden.com 

Alysha Bohanon michael.sheerin@skadden.com 

Anastasia Pastan evan.kreiner@skadden.com 

Grace Hill andrew.kabbes@skadden.com 
   

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/24/2023 | Document No. 607540 | PAGE Page 81 of 81 * PUBLIC *; PUBLIC

Sarah Neuman 

Kieran Gostin 

Wilkinson Stekloff LLP 

2001 M Street, NW 

Washington, DC 20036 

(202) 847-4010 

bwilkinson@wilkinsonstekloff.com 

rkilaru@wilkinsonstekloff.com 

abohanon@wilkinsonstekloff.com 

apastan@wilkinsonstekloff.com 

ghill@wilkinsonstekloff.com 

sneuman@wilkinsonstekloff.com 

kgostin@wilkinsonstekloff.com 

Mike Moiseyev 

Megan Granger 

Weil, Gotshal & Manges LLP 

2001 M Street, NW 

Washington, DC 20036 

(202) 682-7235 

michael.moiseyev@weil.com 

megan.granger@weil.com 

Counsel for Microsoft Corporation 

bradley.pierson@skadden.com 

Counsel for Activision Blizzard, Inc. 

By: s/ James H. Weingarten 

James H. Weingarten 

Counsel Supporting the Complaint