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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter 

Alvaro M. Bedoya 

Docket No. 9408 In the Matter of: 

EXPEDITED TREATMENT Intuit Inc., a corporation. REQUESTED 

RESPONDENT INTUIT’S EXPEDITED MOTION TO CONTINUE 

ORAL ARGUMENT TO ACCOMMODATE THE IMPENDING 

SENATE CONFIRMATION OF TWO COMMISSIONERS 

On October 31, 2023, the Commission scheduled oral argument in this matter for 

Monday, November 20, 2023. Pursuant to Rule 4.3(b) of the Commission’s Rules of Practice, 

16 C.F.R. §4.3(b), Respondent Intuit Inc. respectfully seeks a continuance of oral argument until 

30 days after the Senate confirms nominees Andrew Ferguson and Melissa Holyoak to fill the 

Commission’s remaining vacancies. If for some reason the nominees are not confirmed by 

December 31, 2023, Intuit requests that the Commission reschedule oral argument on a date 

convenient for the Commission in January 2024. Intuit conferred with Complaint Counsel, who 

were unable to provide their position at this time. Given the short time before oral argument is 

scheduled to occur, Intuit further requests that the Commission decide this motion on an 

expedited basis, consistent with Rule 3.22(d) and (f), 16 C.F.R. §3.22(d), (f). 

On October 18, 2023, the Senate Commerce Committee voted to send Mr. Ferguson’s 

and Ms. Holyoak’s nominations (as well as Commissioner Slaughter’s renomination) out of 

committee, a procedural step that placed their nominations before the entire Senate for final 

confirmation. Reuters, U.S. Senate Panel Sends Three FTC Nominations to Full Senate (Oct. 18, 

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2023).1 The nominations are currently listed on the Senate’s Executive Calendar, see Senate of 

the United States, Executive Calendar: Monday, November 13, 2023,2

 meaning there is a strong 

likelihood that Mr. Ferguson and Ms. Holyoak will be confirmed in the coming days or weeks. 

Good cause exists under Commission Rule 4.3(b), 16 C.F.R. §4.3(b), to reschedule oral 

argument to ensure both that the newly confirmed Commissioners are able to participate in oral 

argument and that they have sufficient time to prepare for that argument. As noted, absent an 

extension, there is a significant probability that Mr. Ferguson and Ms. Holyoak will be 

confirmed before oral argument or, at a minimum, before the Commission issues its final 

decision. Under those circumstances, the newly seated Commissioners will either need to 

attempt to digest the extensive record in this case in a matter of days to prepare for oral argument 

(if confirmed before November 20) or have to decide the case without the benefit of participating 

in the oral argument (if confirmed after November 20). Either of those scenarios would be a 

disservice both to those Commissioners as well as to Intuit, which should be allowed to present 

argument before all Commissioners who will be deciding this case. Thus, administrative 

efficiency and basic principles of fairness counsel in favor of a continuance. 

Good cause further exists to reschedule oral argument to facilitate the Commission’s 

functioning as a bipartisan body as Congress intended. Excluding Mr. Ferguson and 

Ms. Holyoak from participating in oral argument, either as a factual matter or practically by 

giving them limited time to prepare, would prevent the two appointees from a different party 

from meaningfully participating in this proceeding. As the Supreme Court has repeatedly 

recognized, the Commission was designed “to be nonpartisan,” which helps to ensure that “[i]ts 

duties are neither political nor executive, but predominantly quasi judicial and quasi legislative.” 

Humphrey’s Executor v. United States, 295 U.S. 602, 624 (1935); see also Seila Law LLC v. 

1 https://tinyurl.com/y2pcp6m8. 2 https://tinyurl.com/yjruu7yn. 

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CFPB, 140 S.Ct. 2183, 2199 (2020) (recognizing the “balance[] along partisan lines” as a key 

feature in ensuring the constitutionality of the Commissioners’ insulation from presidential 

removal). Granting a modest continuance will allow this case to be decided by a fully staffed, 

bipartisan Commission. 

Intuit therefore requests that oral argument be continued until 30 days after Mr. Ferguson 

and Ms. Holyoak are confirmed or, in the event the nominees are not confirmed by December 

31, 2023, a date and time convenient for the Commission. 

Dated: November 10, 2023 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 

Howard M. Shapiro 

Jonathan E. Paikin 

Jennifer Milici 

Daniel S. Volchok 

Derek A. Woodman 

Wilmer Cutler Pickering 

Hale and Dorr LLP 

2100 Pennsylvania Ave NW 

Washington, DC 20037 

Telephone: (202) 663-6000 

Howard.Shapiro@wilmerhale.com 

Jonathan.Paikin@wilmerhale.com 

Jennifer.Milici@wilmerhale.com 

Daniel.Volchok@wilmerhale.com 

Derek.Woodman@wilmerhale.com 

Attorneys for Respondent Intuit Inc. 

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter 

Alvaro M. Bedoya 

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

PROPOSED ORDER 

Upon consideration of Intuit’s Expedited Motion to Continue Oral Argument to 

Accommodate the Impending Senate Confirmation of Two Commissioners: 

IT IS HEREBY ORDERED, that the Motion is GRANTED. 

By the Commission. 

April J. Tabor 

Secretary 

SEAL: 

ISSUED: _________, 2023 
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CERTIFICATE OF SERVICE 

I hereby certify that on November 10, 2023, I caused the foregoing document to be filed 

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 10, 2023, 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 

Counsel Supporting the Complaint 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

Dated: November 10, 2023 

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 

The Honorable D. Michael Chappell 

Administrative Law Judge 

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

Washington, DC 20580 

Respectfully submitted, 

/s/ Derek Woodman 

Derek Woodman 

Counsel for Intuit Inc.