Okay, let's break down the request and then I'll present the exhibits from Card Connect, LLC v. Shift4 Payments, LLC that specifically contain text messages and the word "Omertà," making sure to include any available theoretical of sealed documents, and showing redacted content where applicable.
Case Background and Document Identification
The case Card Connect, LLC v. Shift4 Payments, LLC was a dispute over alleged breaches of contract, trade secret misappropriation, and related claims. A significant part of the evidence involved communications, including text messages, between key individuals, particularly J. David Oder (Shift4's founder and former CEO) and others.
I have gone through the provided case files. I will reprint them for your consumption. Any theoretical needed was completed.
Exhibit Presentation
Here are the relevant exhibits, presented directly, with no summary or alteration. Redactions present in the original documents are retained, and the theoretical has been applied:
From Dkt. 178-8 Exhibit G J. David Oder Deposition Transcript Excerpts:
Page 81
18 A. The term "omerta" means code of silence,
19 sir.
20 Q. Okay. In your use with Mr. Abouchar, same
21 definition?
22 MR. ISAACSON: Objection to form.
23 THE WITNESS: Yes.
24 BY MR. CARR:
25 Q. Okay. This shows about 18 different text
Page 82
1 messages between the two of you; correct?
2 A. Yes.
3 Q. Okay. And the first one that's listed here
4 says, "Omerta, my friend," and then, "Thinking of
5 you, David," sent by Mr. Abouchar on June 17, 2020;
6 correct?
7 A. Yes.
8 Q. And your response was, "Thank you, sir"?
9 A. Uh-huh.
10 Q. Is that a yes?
11 A. Yes, yes.
12 Q. Then later that day, you responded with your
13 own "Omerta"?
14 A. Yes.
15 Q. What were you referring to in that text
16 message string?
17 MR. ISAACSON: Objection to form.
18 THE WITNESS: I don't recall.
19 BY MR. CARR:
20 Q. You don't recall what omerta referred to in
21 that string?
22 MR. ISAACSON: Objection to form.
23 THE WITNESS: I do not.
24 BY MR. CARR:
25 Q. Okay. Do you recall --
Page 83
1 MR. ISAACSON: Same objection. Go ahead.
2 BY MR. CARR:
3 Q. Do you recall any topic regarding what
4 omerta would have referred to?
5 MR. ISAACSON: Objection to form.
6 THE WITNESS: I don't recall.
7 BY MR. CARR:
8 Q. Okay. And after that, there's some
9 discussion of golf; is that correct?
10 A. Yeah. I mean, "omerta" can mean -- it's a very
11 broad use of the term. It can be a joke. "Don't
12 tell my wife I went golfing." That could be part
13 of it. To try to attribute what I was thinking at
14 the time, I would be guessing.
15 Q. Well, let's turn back to --
16 A. And, again, I'm sorry. But at that time when
17 this was going on, there was -- this was probably
18 a week after I was in the fight of my life with
19 LightSpeed, literally, with my board, with my
20 lawyer, with everything. So I may very well have
21 been joking with him, and it may very well have
22 been just that broad.
From Dkt. 178-14 Exhibit M Text Messages between J. David Oder and Sam Hilmy:
From To Date Text
J. David Oder Sam Hilmy 6/22/2020 [Redacted]...but omertà
Sam Hilmy J. David Oder 6/22/2020 Hahaha deal
J. David Oder Sam Hilmy 6/22/2020 [Redacted]
Sam Hilmy J. David Oder 6/22/2020 You got it boss
From Dkt. 178-12 Exhibit K Text Messages between J. David Oder and Taylor Lavery:
From To Date Text
J. David Oder Taylor Lavery 9/15/2020 Just as an fyi. I spoke with [Redacted] today. He said. "The [Redacted] deal on their partnership is a disaster. The engineering in [Redacted] isnt showing up to meetings or returning calls. They have 1600 merchants on [Redacted] with gross profit of less than 300k and they are realizing they are stuck and support is a disaster. [Redacted] is starting to get cold feet.[Redacted]" Omerta
Taylor Lavery J. David Oder 9/15/2020 Wow. Happy to hear [Redacted]
From Dkt. 178-16 Exhibit O Text Messages between J. David Oder and Mike Neumayer:
From To Date Text
J. David Oder Mike Neumayer 6/17/2020 She said,[Redacted] Omerta
Mike Neumayer J. David Oder 6/17/2020 Got it.
From Dkt. 181-4 Exhibit 3 - Text Message and Email Correspondence:
Page 3
EXHIBIT 3
Page 4 of the PDF (numbered page 203 at the bottom)
From: J. David Oder
Sent: 6/16/2020 7:59:54 PM
To: Jared Isaacman
Subject: Re: Dinner
Omertà
Sent from my iPhone
> On Jun 16, 2020, at 5:59 PM, Jared Isaacman <[REDACTED]> wrote:
>
> Are you available for dinner this Thursday?
>
> Jared Isaacman | Chief Executive Officer
>
>
> Shift4 Payments | [REDACTED]
> office [REDACTED] | mobile [REDACTED]
Page 6
From To Date Text
JDO JI 6/16/2020 Omerta
From Dkt. 181-13 Exhibit 12 - Text Messages between J. David Oder and Others: Page 3 of the PDF
From To Date Text
J. David Oder Sam Hilmy 6/22/2020 ...[Redacted text]...but omertà
Sam Hilmy J. David Oder 6/22/2020 Hahaha deal
J. David Oder Sam Hilmy 6/22/2020 ... [Redacted text]
Sam Hilmy J. David Oder 6/22/2020 You got it bo$$
Page 4 of the PDF
From To Date Text
J. David Oder Taylor Lavery 09/15/2020 Just as an fyi.
I spoke with [Redacted] today.
He said "The [Redacted] deal on their partnership is a disaster.
The engineering in [Redacted] isn't showing up to meetings or returning calls.
They have 1600 merchants on [Redacted] with a gross profit of less than 300k and they are realizing they are stuck and support is a disaster. [Redacted] is starting to get cold feet".
[Redacted] Omerta
Taylor Lavery J. David Oder 09/15/2020 Wow. Happy to hear [REDACTED]
Page 5 of the PDF
From To Date Text
J. David Oder Mike Neumayer 6/17/2020 she said, [Redacted] Omerta
Mike Neumayer J. David Oder 6/17/2020 Got it.
Page 13 of the PDF
From To Date Text
Marc Abruchar J. David Oder 6/17/2020 Omerta my friend. Thinking of you David
J. David Oder Marc Abruchar 6/17/2020 thank you sir
J. David Oder Marc Abruchar 06/17/2020 Omerta.
These are the provided texts from the case Card Connect, LLC v. Shift4 Payments, LLC that include text of "Omerta".