FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 5/12/2023 | Document No. 607671 | PAGE Page 1 of 4 * PUBLIC *; 

__________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

) 

In the Matter of ) 

) 

Microsoft Corp., )

 a corporation, and ) 

) Docket No. 9412 

Activision Blizzard, Inc., )

 a corporation, ) 

) 

Respondents. ) 

__________________________________________) 

ORDER GRANTING JOINT MOTION FOR FIRST REVISED SCHEDULING ORDER 

On May 10, 2023, Complaint Counsel and Respondents Microsoft Corporation and 

Activision Blizzard, Inc. (“Respondents”) filed a joint motion to amend the Scheduling Order 

issued in this case on January 4, 2023 (“Joint Motion”). The parties seek to extend the deadlines 

for the final proposed exhibit lists for both Complaint Counsel and Respondents by one week – 

to May 19, 2023 for Complaint Counsel and to June 6, 2023 for Respondents. The parties assert 

that good cause for the extension exists because of the complexity of the matter and the large 

volume of documents produced. 

The parties have not sought any prior extensions, and the proposed extensions will not 

delay any other deadlines. Good cause exists to amend the schedule set forth in the Scheduling 

Order. Accordingly, the Joint Motion is GRANTED. The Scheduling Order is hereby revised as 

follows: 

May 12, 2023 - Complaint Counsel provides to Respondents’ Counsel the final 

proposed witness list. The final proposed witness list will include 

no more than 20 fact witnesses total, with no more than 3 

witnesses who did not appear on Complaint Counsel’s updated 

witness list, and a brief summary of the testimony of each witness. 

No witness may be added to the final witness list who did not 

appear on that party’s updated witness list unless such witnesses 

have been deposed in this litigation. 

Complaint Counsel serves courtesy copies on the Administrative 

Law Judge (“ALJ”) of the final proposed witness list and a brief 

summary of the testimony of each witness, including expert 

witnesses. 
 

 

 

 

 

 

 

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May 19, 2023 - Complaint Counsel provides to Respondents’ Counsel the final 

proposed exhibit list. The final proposed exhibit list shall include 

depositions, copies of all exhibits (except for demonstrative, 

illustrative or summary exhibits and expert related exhibits), and 

Complaint Counsel’s basis of admissibility for each proposed 

exhibit. 

Complaint Counsel serves courtesy copies on the ALJ of the final 

proposed exhibit list and the basis of admissibility for each 

proposed exhibit. 

May 26, 2023 - Deadline for Respondents’ Counsel to provide expert witness 

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

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

Counsel’s expert witness report(s). 

May 30, 2023 - Respondents’ Counsel provides to Complaint Counsel the final 

proposed witness list. The final proposed witness list will include 

no more than 20 fact witnesses total, with no more than 3 

witnesses who did not appear on Respondents’ updated witness 

list, and a brief summary of the testimony of each witness. No 

witness may be added to the final witness list who did not appear 

on that party’s updated witness list unless such witnesses have 

been deposed in this litigation. 

Respondents’ Counsel serves courtesy copies on the ALJ of the 

final proposed witness list and a brief summary of the testimony of 

each witness, including expert witnesses. 

June 2, 2023 - Complaint Counsel identifies any rebuttal experts not previously 

identified. 

June 6, 2023 - Respondents’ Counsel provides to Complaint Counsel the final 

proposed exhibit list. The final proposed exhibit list shall include 

depositions, copies of all exhibits (except for demonstrative, 

illustrative or summary exhibits and expert related exhibits), and 

Respondents’ basis of admissibility for each proposed exhibit. 

Respondents’ Counsel serves courtesy copies on the ALJ of the 

final proposed exhibit list and the basis of admissibility for each 

proposed exhibit. 

June 9, 2023 - Complaint Counsel provides rebuttal expert report(s). Any such 

reports are to be limited to rebuttal of matters set forth in 

Respondents’ expert reports. If material outside the scope of fair 

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rebuttal is presented, Respondents 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 Respondents). 

June 23, 2023 - Deadline for depositions of experts (including rebuttal experts) and 

exchange of expert related exhibits. 

June 29, 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).0F

1 See Additional Provision 17. 

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

trial exhibits. 

July 12, 2023 - Deadline for filing motions in limine to preclude admission 

of evidence. See Additional Provision 18. 

July 14, 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. 

July 14, 2023 - Complaint Counsel files pretrial brief supported by legal authority. 

July 17, 2023 - Deadline for filing responses to motions for in camera treatment of 

proposed trial exhibits. 

July 19, 2023 - Deadline for filing responses to motions in limine to preclude 

admission of evidence. 

July 26, 2023 - Exchange proposed stipulations of law, facts, and authenticity. 

July 28, 2023 - Respondents’ Counsel files pretrial brief supported by legal 

authority. 

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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August 1, 2023 - Final prehearing conference to begin at 1:00 p.m. ET. 

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 final prehearing conference. At the 

conference, the parties’ 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. 

August 2, 2023 - Commencement of Hearing, to begin at 10:00 a.m. ET. 

All other Additional Provisions in the Scheduling Order remain in place. 

ORDERED: 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: May 12, 2023 

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