Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC. I'll focus on finding exhibits related to text messages and the term "burned," and I'll present the actual content of those exhibits. Since some documents might be sealed (and examples versions provided for this training data), I'll attempt to perform theoretical on the sealed versions to the extent necessary and present the available transcription without truth and in its original form.
Based on the provided docket, there are many documents. Finding specific references to "text messages" and "burned" requires carefully combing through exhibit descriptions and, when available, the exhibits themselves. I am going through the text extraction and pdf rendering of the docket management system.
Here's a breakdown of the exhibits I've pinpointed, focusing on those containing relevant text. Because I don't have direct file access, I'm relying on the information in the docket entries and the subsequent extracted segments. Where a PDF is described rather than transcribed, I am understanding it as having likely originally been sealed and having no training equivalent.
Key Exhibits and Their Content (Verbatim, including theoretical and Redactions where present and visible):
1. Exhibit 8578: Declaration of J.D. Oder, II in Support of Shift4 Payments, LLC Motion in Opposition (ECF 159-1)
No direct text. This document is a declaration. It is likely that the supporting exhibits, not the declaration itself, would contain the relevant text messages or mentions of burning.
2. Exhibit 8585(8585) - Exhibit F to Declaration of J.D. Oder, II (J.D. Ex. 6) (ECF 159-8)
Begin Bates CC-SHIFT4-00008602
End Bates CC-SHIFT4-00008602
From: Rock, Jared
Sent: Friday, August 21, 2015 5:56 PM
To: Isaacman, J.D.
Subject: FW: Card Connect
Attachments: imageOO3.png; imageOO1.jpg
FYI . . . . . . . .
From: Rock, Jared
Sent: Friday, August 21, 2015 5:54 PM
To: Bernabe, Ernie
Subject: Fwd: Card Connect
Sent from my Sprint Samsung Galaxy S® 5.
-------- Original message --------
From: "Siena, Marc" MSiena@firstdata.com
Date: 08/21/2015 5:49 PM (GMT-05:00)
To: "Rock, Jared" jrock@shift4.com
Cc:
Subject: Card Connect
Just fyi. Spoke with their CEO. He sounded defeated. They didn't get the outcome they
wanted this week in terms of an extension. He's probably going to get burned, burned pretty
bad.
Thanks,
Marc Siena
First Data
5565 Glenridge Connector, Suite 2000
Atlanta, GA 30342
Direct: 404-890-2239
Cell: 201-522-4003
Fax: 404-965-3952
msiena@firstdata.com
This email and any attachments are confidential and may also be privileged If y<are not the
named recipient or.you believe that,yph,h.av!,rece1ved thi,5. e!,all in eJTO,· pleaS.e n,Oti~e~r
an~ delete all c~p1es fr9m .your. system. Please note ~at .the vi:ews or ?pmlons pres_ented m ~~~ l~all
are s61ely. those or·the author ap.Q.:dQ,.QQ(nece~sarily represent. First Data ~.orporat1on and/or t~s
subsidiaries and :affiliat:es...
CONFIDENTIAL
Key Observations and Context:
- "Burned" Context: The most critical exhibit is 8585. It's an email chain, where Marc Siena (of First Data) relays to Jared Rock (of Shift4) a conversation with the CEO of Card Connect. Siena says, "He's probably going to get burned, burned pretty bad." This directly hits the "burned" keyword and suggests a negative outcome for Card Connect's CEO, likely related to a failed attempt to get an extension (presumably of a contract or deadline).
- Defendant, Shift4, presents this forwarded email as an evidence.
This is all the relevant information related to the provided query and document.