FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 1 of 18 * PUBLIC *;
PUBLIC
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therefore be withdrawn or denied as moot.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,
1
-
-
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 2 of 18 * PUBLIC *;
PUBLIC
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
2
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 3 of 18 * PUBLIC *;
PUBLIC
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
Jennifer.Milici@wilmerhale.com
Derek.Woodman@wilmerhale.com
Attorneys for Respondent Intuit Inc.
3
-
-
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 4 of 18 * PUBLIC *;
PUBLIC
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
1
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 5 of 18 * PUBLIC *;
PUBLIC
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
2
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 6 of 18 * PUBLIC *;
PUBLIC
Exhibit A
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 7 of 18 * PUBLIC *;
PUBLIC
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 wi thdraw 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 <[email protected]> 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)
Please consider the environment before printing this email.
1
PUBLIC
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
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 9 of 18 * PUBLIC *;
PUBLIC
Exhibit B
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 10 of 18 * PUBLIC *;
PUBLIC
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)
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
—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 *;
PUBLIC
Exhibit C
-
-
-
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 12 of 18 * PUBLIC *;
PUBLIC
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: [email protected]
From: Silos, Phoebe <[email protected]>
Sent: Friday, October 21, 2022 3:29 PM
To:
Cc: Woodman, Derek
<[email protected]>; Sides, Emily <[email protected]>; Anguizola,
Roberto <[email protected]>
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
-
I
PUBLIC
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)
From:
Sent: Wednesday, October 19, 2022 1:43 PM
To: WH Intuit-FTC_Consumer_Depositions <WHIntuit-
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,
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 14 of 18 * PUBLIC *;
PUBLIC
Exhibit D
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 15 of 18 * PUBLIC *;
PUBLIC
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
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 16 of 18 * PUBLIC *;
PUBLIC
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: [email protected]
Tel: (202) 326-2026
Christine Todaro
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: [email protected]
Tel: (202) 326-3711
Jody Goodman
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: [email protected]
Tel: (202) 326-3096
Rebecca Plett
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: rple[email protected]
Tel: (202) 326-3664
Sara Tonnesen
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: [email protected]
Tel: (202) 326-2879
Thomas Harris
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: thar[email protected]v
Tel: (202) 326-3620
Colleen Robbins
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: [email protected]
Tel: (202) 326-2548
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 17 of 18 * PUBLIC *;
PUBLIC
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
Dated: November 3, 2022
J. Ronald Brooke, Jr.
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Email: [email protected]
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.
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 11/3/2022 | Document No. 606105 | PAGE Page 18 of 18 * PUBLIC *;
PUBLIC
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: ______________________
