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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

Docket No. 9412 

JOINT MOTION FOR THIRD REVISED SCHEDULING ORDER

Complaint Counsel and Counsel for Respondents Microsoft Corporation and Activision 

Blizzard, Inc. (collectively, “Respondents’ Counsel”) respectfully move the Court for an order 

revising and adding certain deadlines to the Court’s June 29, 2023 Second Revised Scheduling 

Order. On September 26, 2023, the Commission issued an order returning the matter to 

adjudication and setting the hearing to commence twenty-one days after the United States Court 

of Appeals for the Ninth Circuit rules on Complaint Counsel’s appeal from the district court’s 

ruling denying a preliminary injunction. See Commission Order Returning Matter to 

Adjudication (Sept. 26, 2023). On October 26, this Court reopened limited fact discovery for 

eight weeks after entry of the order, ending on December 21, 2023. See Order on Complaint 

Counsel’s Motion to Allow Discovery Regarding Respondents’ Agreements with Ubisoft 

Entertainment SA and Sony Interactive Entertainment LLC (Oct 26, 2023). The original 

deadlines were suspended when the matter was withdrawn from adjudication, and no deadlines 

In the Matter of

Microsoft Corp. 

a corporation; 

and 

Activision Blizzard, Inc.,

a corporation.

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currently exist with regards to supplemental discovery other than the date supplemental 

discovery ends. 

Respondents have filed a Motion to Modify Order Setting Hearing Date, seeking to 

amend the Commission’s September 26 Order Returning Matter to Adjudication by setting the 

evidentiary hearing for May 6, 2024, or 21 days from the Ninth Circuit’s decision on Complaint 

Counsel’s appeal, whichever comes later. Because that Motion remains pending, the parties seek 

to set certain deadlines now in order to avoid uncertainty and potential prejudice.1

 

Complaint Counsel and Respondents’ Counsel therefore respectfully request that the 

Court enter the jointly proposed attached Third Revised Scheduling Order.

Dated: December 14, 2023 Respectfully submitted,

By: s/ James H. Weingarten By: s/ Beth Wilkinson

James H. Weingarten

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Tel: (202) 326-3570 

jweingarten@ftc.gov 

Counsel Supporting the Complaint 

Beth Wilkinson

Rakesh Kilaru

Alysha Bohanon 

Anastasia Pastan

Grace Hill

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

1 Complaint Counsel reserves the right to seek the ability to file additional briefing to account for any new evidence 

developed from the supplemental discovery ordered by the Court on October 26, 2023. Respondents reserve the 

right to seek further revisions to this Scheduling Order in light of intervening events that could affect any remaining 

deadlines.

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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 

Steven Sunshine 

Julia K. York 

Jessica R. Watters

Skadden, Arps, Slate, Meagher & Flom LLP 

1440 New York Ave, NW 

Washington, DC 20005 

(202) 371-7860 

steve.sunshine@skadden.com 

julia.york@skadden.com 

jessica.waters@skadden.com

Maria Raptis

Matthew M. Martino 

Michael Sheerin

Evan R. Kreiner 

Bradley J. Pierson 

Skadden, Arps, Slate, Meagher & Flom LLP 

One Manhattan West 

New York, NY 10001 

(212) 735-2425 

maria.raptis@skadden.com 

matthew.martino@skadden.com 

michael.sheerin@skadden.com 

evan.kreiner@skadden.com 

bradley.pierson@skadden.com 

Counsel for Activision Blizzard, Inc.

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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

Docket No. 9412 

[PROPOSED] THIRD REVISED SCHEDULING ORDER

The dates in the Second Revised Scheduling Order, as ordered on June 29, 2023 are 

hereby revised as follows: 

Thursday, December 21, 2023 Close of Supplemental Discovery. See 

October 26, 2023 Order reopening limited 

discovery. 

Friday, January 12, 2024 Deadline for both parties’ Supplemental 

Exhibits, limited to documents produced 

in supplemental discovery or admitted as 

exhibits in FTC v. Microsoft Corp., 3:23-

cv-2880 (N.D. Cal.). 

Friday, January 19, 2024 Parties that intend to offer confidential 

materials of an opposing party as evidence 

at the hearing must provide renewed 

notice to the opposing party, pursuant to 

16 C.F.R.§ 3.45(b), as well as a copy of 

In the Matter of

Microsoft Corp.

a corporation; 

 and 

Activision Blizzard, Inc.,

a corporation.

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this Scheduling Order. See Additional 

Provision 17. 

Friday, January 26, 2024 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.

Monday, January 29, 2024 Parties that intend to offer confidential 

materials of a non-party as evidence at the 

hearing must provide renewed notice to 

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

§ 3.45(b), as well as a copy of this 

Scheduling Order.

Friday, February 2, 2024 Deadline for filing motions in limine to 

preclude admission of evidence. See 

Additional Provision 18. 

Monday, February 12, 2024 Deadline for filing responses to motions 

in limine to preclude admission of 

evidence.

1 week after the issuance of the Ninth Circuit’s 

opinion on the Commission’s appeal of the 

district court decision in Federal Trade 

Commission v. Microsoft Corp.

Deadline for filing motions for in camera 

treatment of proposed trial exhibits. 

2 weeks after the issuance of the Ninth Circuit’s 

opinion on the Commission’s appeal of the 

district court decision in Federal Trade 

Commission v. Microsoft Corp. 

Respondents’ Counsel files pretrial brief 

supported by legal authority. 

2 weeks after the issuance of the Ninth Circuit’s 

opinion on the Commission’s appeal of the 

district court decision in Federal Trade 

Commission v. Microsoft Corp.

Exchange proposed stipulations of law, 

facts, and authenticity. 

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2 weeks after the issuance of the Ninth Circuit’s 

opinion on the Commission’s appeal of the 

district court decision in Federal Trade 

Commission v. Microsoft Corp.

Deadline for filing responses to motions 

for in camera treatment of proposed trial 

exhibits. 

2 days before commencement of the evidentiary 

hearing 

Final prehearing conference to begin at 

1:00 p.m. ET. 

By Order of the Commission, 21 days after the 

issuance of the Ninth Circuit’s opinion on the 

Commission’s appeal of the district court 

decision in Federal Trade Commission v. 

Microsoft Corp.

Commencement of Hearing, to begin at 

10:00 a.m. ET. 

ORDERED: __________________________

D. Michael Chappell

Chief Administrative Law Judge 

Dated: December [ ], 2023

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CERTIFICATE OF SERVICE

I hereby certify that on December 14, 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: 

Beth Wilkinson

Rakesh Kilaru

Alysha Bohanon 

Anastasia Pastan

Grace Hill

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

Steven Sunshine

Julia K. York 

Jessica R.Watters

Skadden, Arps, Slate, Meagher & Flom LLP

1440 New York Ave, NW 

Washington, DC 20005 

(202) 371-7860 

steve.sunshine@skadden.com 

julia.york@skadden.com 

jessica.watters@skadden.com

Maria Raptis

Matthew M. Martino 

Michael Sheerin

Evan R. Kreiner 

Andrew D. Kabbes 

Bradley J. Pierson

Skadden, Arps, Slate, Meagher & Flom LLP 

One Manhattan West 

New York, NY 10001 

(212) 735-2425 

maria.raptis@skadden.com 

matthew.martino@skadden.com 

michael.sheerin@skadden.com 

evan.kreiner@skadden.com

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michael.moiseyev@weil.com 

megan.granger@weil.com 

Counsel for Microsoft Corporation 

andrew.kabbes@skadden.com

bradley.pierson@skadden.com 

Counsel for Activision Blizzard, Inc. 

By: s/ James H. Weingarten 

 James H. Weingarten

 Counsel Supporting the Complaint 

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