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 DENYING MOTION OF NON-PARTY STEVE SINGER 

TO QUASH SUBPOENA AD TESTIFICANDUM 

I. 

On April 13, 2023, non-party Steve Singer (“Singer”) filed a motion to quash a subpoena 

ad testificandum (“Deposition Subpoena”) served on him by Federal Trade Commission (“FTC”) 

Complaint Counsel on March 30, 2023 (“Motion”). On April 17, 2023, Complaint Counsel filed 

an opposition to the Motion (“Opposition”). For the reasons set forth below, the Motion is 

DENIED. 

II. 

Singer argues that the Deposition Subpoena should be quashed as untimely because it 

was served after the deadline for the issuance of certain discovery set forth in the January 4, 2023 

Scheduling Order issued in this case. Specifically, the Scheduling Order set March 3, 2023 as the 

deadline for “issuing document requests, interrogatories and subpoenas, except for discovery 

directed to witnesses who did not appear on either side’s preliminary lists and discovery for 

purposes of authenticity and admissibility of exhibits.” Scheduling Order at 1 (emphasis added). 

Exhibits to Complaint Counsel’s Opposition demonstrate that Singer did not 

appear on either side’s preliminary witness list. Opposition Exs. 3-4. Accordingly, by the 

plain language of the Scheduling Order, the March 3, 2023 deadline does not apply to the 

issuance of the Deposition Subpoena. Thus, Singer’s argument that the Deposition 

Subpoena should be quashed as untimely under the Scheduling Order is rejected. 

Singer further argues that the Deposition Subpoena should be quashed because he is 

beyond the scope of permissible deponents under Additional Provision 11 of the Scheduling 

Order, which provides in relevant part: 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC 

Each 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. 

Singer asserts that he was not listed on either side’s preliminary witness list, was not 

subsequently listed on the updated witness lists for either Respondent Microsoft Corp. or 

Activision Blizzard, Inc., and has not provided a declaration or affidavit for either Respondent. 

Therefore, according to Singer, he is exempt from any deposition by Complaint Counsel. 

Complaint Counsel contends that, in using the phrase, “may depose,” Additional Provision 11 

permits, but does not limit, depositions. 

Singer’s interpretation of Additional Provision 11 is rejected. The language of Additional 

Provision 11 is permissive, not limiting. Moreover, Singer does not deny that he has knowledge 

that is relevant to this case. To interpret Additional Provision 11 in the manner urged by Singer 

would unnecessarily exempt from discovery a person with relevant knowledge and would 

conflict with the discovery rules. 

III.

As set forth above, the Motion is DENIED, and it is hereby ORDERED that the April 7, 

2023 discovery deadline in the Scheduling Order is lifted for the limited purpose of completing 

the deposition of Singer. In this regard, it is noted that, according to the Motion, Singer is 

unavailable until April 24, 2023 due to long-planned travel. To facilitatethe prompt completion 

of the Singer deposition, Singer and the parties are directed to work together in good faith to set 

the deposition of Singer to commence on the first practicable date on or after April 24, 2023. 

Absent a showing of good cause, the deposition shall be completed no later than May 8, 2023. 

ORDERED: 

D. Michael Chappell

Chief Administrative Law Judge 

Date: April 20, 2023 

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