FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 1 of 18 * PUBLIC *; 

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

RESPONDENT INTUIT INC.’S RESPONSE TO VALERIE JOSHI’S MOTION TO 

QUASH AND/OR LIMIT SUBPOENA DUCES TECUM 

Respondent Intuit Inc. submits this response to Valerie Joshi’s motion to quash and/or 

limit subpoena duces tecum. As explained below, Intuit withdrew the subpoena issued to Ms. 

Joshi after she represented that her complaint concerning Intuit filed with the Tennessee 

Attorney General, the subject of the subpoena, was “unrelated to this case.” The motion should 

therefore be withdrawn or denied as moot. 

In their initial disclosures, Complaint Counsel identified Ms. Joshi as a consumer likely 

to have discoverable information relevant to this proceeding. Specifically, Complaint Counsel 

have maintained that Ms. Joshi’s complaint that mentioned TurboTax and was submitted to the 

Attorney General of Tennessee on May 10, 2022, was relevant to this proceeding. Accordingly, 

on October 14, 2022, Intuit served Valerie Joshi with a Subpoena Duces Tecum that requested 

documents related to the complaint she filed. 

On October 24, 2022, Ms. Joshi filed a motion to quash and/or limit the subpoena duces 

tecum, stating that Intuit’s request was “not likely to lead to probative evidence in this case” as 

Ms. Joshi’s complaint filed with the Attorney General of Tennessee was “unrelated to this case.” 

Intuit agrees that Ms. Joshi’s complaint is unrelated to this case. Thus, on October 26, 2022, 

Intuit communicated to Ms. Joshi that it planned to withdraw the subpoena issued to her. Ex. A, 

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 Nonetheless, Intuit sees no reason to burden Ms. Joshi further since her complaint, like 

many of the others Complaint Counsel relies on in these proceedings, have nothing to do with 

the allegations in these proceedings. On November 2, 2022, Ms. Joshi emailed counsel for Intuit 

stating that she submitted a withdrawal of her motion to quash. Ex. D, Nov. 2, 2022 Email from 

Valerie Joshi to Phoebe Silos. 

Oct. 25-26, 2022 Emails Between Phoebe Silos and Valerie Joshi. In response, Ms. Joshi 

indicated that she planned to withdraw her motion to quash. Id. On October 31, 2022, counsel 

for Intuit emailed Ms. Joshi, copying Complaint Counsel, confirming that the subpoena issued to 

her was formally withdrawn. Ex. C., Oct. 31, 2022 Email from Phoebe Silos to Valerie Joshi 

and Roberto Anguizola. Inexplicably, Complaint Counsel have not withdrawn her complaint 

from these proceedings, previously insisting with a similarly situated unrelated complaint that it 

was somehow relevant to the upcoming trial. Ex. B, Oct. 21 Email from R. Anguizola to 

Because Ms. Joshi’s complaint is not relevant to this proceeding, and because Intuit has 

withdrawn the subpoena issued to Ms. Joshi, the motion to quash and/or limit subpoena duces 

tecum should be withdrawn or denied as moot. See Order Denying as Moot Complaint 

Counsel’s Motion to Compel, In the Matter of Impax Laboratories, Inc., Docket No. 9373 

(F.T.C. Aug. 7, 2017) (J. Chappell). 

Dated: November 3, 2022 Respectfully submitted, 

By:/s/ David Z. Gringer 

David Z. Gringer 

WILMER CUTLER PICKERING 

HALE AND DORR LLP 

7 World Trade Center 

250 Greenwich Street 

New York, NY 10007 

Telephone: (212) 230-8800 

David.Gringer@wilmerhale.com 

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Jonathan E. Paikin 

Jennifer Milici 

Derek A. Woodman 

WILMER CUTLER PICKERING 

HALE AND DORR LLP 

1875 Pennsylvania Ave NW 

Washington, DC 20006 

Telephone: (202) 663-6000 

Jonathan.Paikin@wilmerhale.com 

Jennifer.Milici@wilmerhale.com 

Derek.Woodman@wilmerhale.com 

Attorneys for Respondent Intuit Inc. 

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

DECLARATION OF DAVID GRINGER IN SUPPORT OF RESPONDENT INTUIT’S 

RESPONSE TO VALERIE JOSHI’S MOTION TO QUASH AND/OR LIMIT 

SUBPOENA DUCES TECUM 

I, David Gringer, declare as follows: 

1. I am a partner at Wilmer Cutler Pickering Hale and Dorr LLP. I represent the 

respondent, Intuit Inc., in the above-captioned proceeding. 

2. I submit this declaration in support of Respondent Intuit’s Response to Valerie 

Joshi’s Motion to Quash and/or Limit Subpoena Duces Tecum, filed herewith on November 3, 

2022. 

3. A true and correct copy of an October 26, 2022 email thread between Phoebe 

Silos, an attorney working under my direction and supervision at Wilmer Cutler Pickering Hale 

and Dorr LLP, and Valerie Joshi is attached to this declaration as Exhibit A. 

4. A true and correct copy of an October 31, 2022 email sent by Phoebe Silos to 

Valerie Joshi, copying lead Complaint Counsel Roberto Anguizola, is attached to this declaration 

as Exhibit B. 

5. 

, Phoebe Silos, and Roberto Anguizola is attached to this declaration as Exhibit C. 

A true and correct copy of an October 21, 2022 email thread between 

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6. A true and correct copy of a November 2, 2022 email sent by Valerie Joshi to 

Phoebe Silos is attached to this declaration as Exhibit D. 

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on this 3nd day of November, 2022, in New York, NY. 

By: /s/ David Gringer 

David Gringer 

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Exhibit A 
  

      

                                             

                

   

                       

     

                                        

                                          

                   

     

       

     

         

       

       

             

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Silos, Phoebe 

From: Valerie Clark Joshi 

Sent: Wednesday, October 26, 2022 11:25 AM

To: Silos, Phoebe 

Subject: Re: In the Matter of Intuit Inc., Docket 9408 | Subpoena 

EXTERNAL SENDER

Dear Ms. Silos,

Yes, if Intuit withdraws the subpoena, I will withdraw the motion to quash, if you will give me instructions on how to do

that. Is an email to that effect sufficient?

Regards,

Valerie Joshi

On Wed, Oct 26, 2022 at 8:32 AM Silos, Phoebe <Phoebe.Silos@wilmerhale.com> wrote:

Dear Ms. Joshi,

We understand from your motion to quash that the complaint you lodged with the FTC “is unrelated to this case.” In

light of this, Intuit plans to withdraw the subpoena that was served on you. Please confirm that you will withdraw your

motion to quash once the subpoena is withdrawn by Intuit.

Sincerely,

Phoebe

Phoebe Silos | WilmerHale

7 World Trade Center

250 Greenwich Street

New York, NY 10007 USA

+1 212 230 8800 (t)

+1 212 230 8888 (f)

phoebe.silos@wilmerhale.com

Please consider the environment before printing this email.

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 8 of 18 * PUBLIC *; 

This email message and any attachments are being sent by Wilmer Cutler Pickering Hale and Dorr LLP, are confidential, and may be privileged. If you are

not the intended recipient, please notify us immediately—by replying to this message or by sending an email to postmaster@wilmerhale.com—and

destroy all copies of this message and any attachments. Thank you.

For more information about WilmerHale, please visit us at http://www.wilmerhale.com.

2
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Exhibit B 
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From:

To:

Cc:

Subject:

Date:

Silos, Phoebe 

Valerie Clark Joshi 

Anguizola, Roberto 

In the Matter of Intuit Inc., Docket 9408 | Subpoena Withdrawn 

Monday, October 31, 2022 5:14:14 PM 

Dear Ms. Joshi, 

We understand from your motion to quash that the complaint you lodged with the FTC “is unrelated 

to this case.” In light of this, we expect that the FTC will not be relying on your complaint or 

testimony from you at the trial in this action. We have copied the FTC’s lead Complaint Counsel, 

Roberto Anguizola, to confirm this is the case. 

In the meantime, Intuit hereby withdraws the subpoena. Please confirm that you intend to 

withdraw your motion to quash as the subpoena has been withdrawn by Intuit. 

Thank you, 

Phoebe Silos 

Phoebe Silos | WilmerHale 

7 World Trade Center 

250 Greenwich Street 

New York, NY 10007 USA 

+1 212 230 8800 (t) 

+1 212 230 8888 (f) 

phoebe.silos@wilmerhale.com 

Please consider the environment before printing this email. 

This email message and any attachments are being sent by Wilmer Cutler Pickering Hale and Dorr LLP, are confidential, and may be 

privileged. If you are not the intended recipient, please notify us immediately—by replying to this message or by sending an email to 

postmaster@wilmerhale.com—and destroy all copies of this message and any attachments. Thank you. 

For more information about WilmerHale, please visit us at http://www.wilmerhale.com. 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 11 of 18 * PUBLIC *; 

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Exhibit C 
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From: Anguizola, Roberto 

To:

Cc: Woodman, Derek; Sides, Emily; Evans, James; Plett, Rebecca; Tonnesen, Sara; Silos, Phoebe 

Subject: RE: - Subpoena Question 

Date: Friday, October 21, 2022 4:20:59 PM 

EXTERNAL SENDER 

Dear , 

We agree that it is appropriate for Intuit to withdraw its subpoena under the circumstances. I can 

also confirm that we do not expect to call you or your husband as a witness at trial. 

We appreciate receiving the consumer complaint your husband submitted under your name and 

believe that it is relevant and will assist the trier of fact in this case as part of a compendium of 

complaints received through the FTC’s Consumer Sentinel network from hundreds of similarly 

situated consumers. If you have any questions, please feel free to reach me. My contact 

information appears below. 

Sincerely, 

Roberto Anguizola 

Federal Trade Commission 

FTC BCP/DMP, CC-8602 

Org 1144, Mailstop CC-6316 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

Cell: (202) 256-0452 (preferred) 

Telephone: (202) 326-3284 

E-mail: ranguizola@ftc.gov 

From: Silos, Phoebe <Phoebe.Silos@wilmerhale.com> 

Sent: Friday, October 21, 2022 3:29 PM 

To: 

Cc: Woodman, Derek 

<Derek.Woodman@wilmerhale.com>; Sides, Emily <Emily.Sides@wilmerhale.com>; Anguizola, 

Roberto <ranguizola@ftc.gov> 

Subject: RE: - Subpoena Question 

Dear , 

We are emailing you at this email address because our system has been unable to deliver messages 

to the email you initially used to contact us: Complaint Counsel for the FTC 
 

 

 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 13 of 18 * PUBLIC *; 

listed you as a potential witness and an individual with discoverable information in this proceeding, 

which is what prompted Intuit’s subpoena. 

In light of your message below, we expect that the FTC will not be relying on your complaint or 

testimony from you at the trial in this action. We have copied the FTC’s lead Complaint Counsel, 

Roberto Anguizola, to confirm this is the case. In the meantime, we withdraw the subpoena and you 

do not need to do anything to respond to it. 

Thank you, 

Phoebe 

Phoebe Silos | WilmerHale 

7 World Trade Center 

250 Greenwich Street 

New York, NY 10007 USA 

+1 212 230 8800 (t) 

+1 212 230 8888 (f) 

phoebe.silos@wilmerhale.com 

From: 

Sent: Wednesday, October 19, 2022 1:43 PM 

To: WH Intuit-FTC_Consumer_Depositions <WHIntuitFTC_Consumer_Depositions@wilmerhale.com> 

Cc: 

Subject: - Subpoena Question 

EXTERNAL SENDER 

My question is the following: my husband filed the complaint under my name, with my 

permission, because i was listed first on our tax returns. I was not aware of and am still not 

aware of the complaint as written as my husband suffered a brain injury and has memory 

problems at times. So given this, would all parties involved, including myself, consider this 

subpoena to be lawfully or for any other reason, still be proper to be issued to me? 

Thanks in advance, 
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Exhibit D 
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From:

To:

Subject:

Date:

Valerie Clark Joshi 

Silos, Phoebe 

Withdrawal of Motion to Quash 

Wednesday, November 2, 2022 1:43:19 PM 

EXTERNAL SENDER 

Hello Phoebe, 

I submitted the withdrawal of my motion to quash a few minutes ago through the FTC e-filing 

system and copied all the same people I had sent to motion to. I hope that takes care of the 

matter. 

Regards, 

Valerie Joshi 
 

 

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CERTIFICATE OF SERVICE 

I hereby certify that on November 3, 2022, I filed the foregoing document electronically 

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

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

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

Washington, DC 20580 

I further certify that on November 3, 2022, I caused the foregoing document to be served 

via email to: 

Roberto Anguizola 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: ranguizola@ftc.gov 

Tel: (202) 326-3284 

James Evans 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: jevans1@ftc.gov 

Tel: (202) 326-2026 

Christine Todaro 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: ctodaro@ftc.gov 

Tel: (202) 326-3711 

Jody Goodman 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: jgoodman1@ftc.gov 

Tel: (202) 326-3096 

Rebecca Plett 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: rplett@ftc.gov 

Tel: (202) 326-3664 

Sara Tonnesen 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: stonnesen@ftc.gov 

Tel: (202) 326-2879 

Thomas Harris 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: tharris1@ftc.gov 

Tel: (202) 326-3620 

Colleen Robbins 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: crobbins@ftc.gov 

Tel: (202) 326-2548 
 

 

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Virginia Rosa 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: vrosa@ftc.gov 

Tel: (202) 326-3068 

Counsel Supporting the Complaint 

Valerie C. Joshi 

961 Deep Draw Rd. 

Crossville, TN 38555 

Non-Party Served Subpoena Duces Tecum 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

Dated: November 3, 2022 

J. Ronald Brooke, Jr. 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: jbrooke@ftc.gov 

Tel: (202) 326-3484 

The Honorable D. Michael Chappell 

Administrative Law Judge 

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

Washington, DC 20580 

Respectfully submitted, 

/s/ Derek A. Woodman 

DEREK A. WOODMAN 

Counsel for Intuit Inc. 
 

 

 

 

 

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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

[PROPOSED] ORDER ON VALERIE JOSHI’S MOTION TO QUASH PURSUANT TO 

RULE 3.34 

Upon consideration of Valerie Joshi’s Motion to Quash Pursuant to 16 C.F.R. § 3.34 and Rule 

3.34(c) of the Rules of Practice for Adjudicative Proceedings 

IT IS HEREBY ORDERED that Respondent’s Motion is DENIED as moot. 

ORDERED: ___________________________ 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: ______________________