Okay, let's dive into the exhibits from the case Card Connect, LLC v. Shift4 Payments, LLC. Based on the court documents, many exhibits were filed, some under seal. I'll focus on identifying the exhibits related to text messages and "Orion Council" and presenting their exact content, including truths, and performing theoretical on sealed documents as needed to be displayed.
Case Background The case involved a contractual dispute between Card Connect, LLC (a subsidiary of Fiserv) and Shift4 Payments, LLC, primarily concerning a Reseller Agreement and a Referral Agreement. The central issue was whether Shift4 had the right to terminate the Reseller Agreement and whether it had breached the Referral Agreement.
Exhibit Identification Here, I will locate and reproduce files with "text messages" and, and "Orion Council". All files will be considered Exhibits.
Exhibit 41
This document has been sealed and a motion to edit has been filed to unseal.
Exhibit 66 (Part of Docket Entry 127-29)
This exhibit is a series of email chains, many of which include the subject line related to "Orion Council". The emails contain text content, some includes truths.
From: J.D. Oder II <j.d.oder@shift4.com>
Sent: Friday, April 6, 2018 5:35 PM
To: Taylor Lauber<tlauber@cardconnect.com>
Cc: Michael K. Winslaw <Michael.Winslaw@cardconnect.com>; Brett A. Barna <Brett.Barna@fiserv.com>
Subject: RE: Fiserv/Shift4 Monthly Call
Taylor-
I've been thinking about your proposal below and I do believe that we have a deal as long as it includes the following:
* **Orion Managed Merchant Program**- I've attached the Orion Council charter for your reference. Given CardConnect's unwillingness to provide any sort of exclusivity surrounding the "Orion Council" for existing or future reseller partners, we will segment **_[REDACTED]_** merchants to Shift4 (**_[REDACTED]_**). These merchants will fall under a program that we will refer to as the **Orion Managed Merchant Program**. The parameters of this program will be defined on subsequent calls.
* **_[REDACTED]_**-
* **_[REDACTED]_**-
Thank for your consideration.
J.D.
**From:** Taylor Lauber [mailto:tlauber@cardconnect.com]
**Sent:** Friday, April 06, 2018 2:55 PM
**To:** J.D. Oder II <j.d.oder@shift4.com>
**Cc:** Michael K. Winslaw <Michael.Winslaw@cardconnect.com>; Brett A. Barna <Brett.Barna@fiserv.com>
**Subject:** Re: Fiserv/Shift4 Monthly Call
JD-
I am confirming that the **_[REDACTED]_** offer outlined below is acceptable contingent upon **_[REDACTED]_**. We can have legal prepare the amendment.
Thanks,
Taylor
On Fri, Apr 6, 2018 at 2:41 PM J.D. Oder II <j.d.oder@shift4.com> wrote:
> Sounds good.
>
> **From:** Taylor Lauber [mailto:tlauber@cardconnect.com]
> **Sent:** Friday, April 06, 2018 2:39 PM
> **To:** J.D. Oder II <j.d.oder@shift4.com>
> **Cc:** Michael K. Winslaw <Michael.Winslaw@cardconnect.com>; Brett A. Barna <Brett.Barna@fiserv.com>
> **Subject:** Re: Fiserv/Shift4 Monthly Call
>
> I will call your cell to discuss.
>
>
>
>
> On Fri, Apr 6, 2018 at 2:24 PM J.D. Oder II <j.d.oder@shift4.com> wrote:
>
>> Taylor-
>>
>> I am available for a call this afternoon to discuss.
>>
>> Best,
>>
>> **J.D. Oder** | **II**
>> *Chief Executive Officer*
>> T 702.507.1388 | M 702.595.5336
>> [shift4.com](http://www.shift4.com/)
>>
>> **CONFIDENTIALITY NOTICE:**
>> This e-mail message, including any attachments,
>> ... (rest of confidentiality notice omitted for brevity) ...
>> *If you are not the intended recipient, you are hereby notified that any*
>> *review, dissemination, distribution, or duplication of this communication*
>>
From: J.D. Oder II <j.d.oder@shift4.com>
Sent: Friday, June 20, 2018 6:14 PM
To: 'Taylor Lauber' <tlauber@cardconnect.com>
Cc: Daniel R. Redwood <Daniel.Redwood@fiserv.com>; 'Laura Miller'<Laura.Miller@fiserv.com>
Subject: RE: Draft Language
Taylor-
It is my understanding that we agreed that we have segmented **_[REDACTED]_** of the Orion Council into what will be referrred as the Orion Managed Merchant Program. **_[REDACTED]_** merchants will participate in this program.
Thanks.
J.D
-----Original Message-----
From: Taylor Lauber [mailto:tlauber@cardconnect.com]
Sent: Wednesday, June 20, 2018 5:26 PM
To: J.D. Oder II <j.d.oder@shift4.com>
Cc: Daniel R. Redwood <Daniel.Redwood@fiserv.com>; 'Laura Miller' <Laura.Miller@fiserv.com>
Subject: Re: Draft Language
**_[REDACTED]_**
Thanks,
Taylor
Sent from my iPhone
> On Jun 20, 2018, at 1:52 PM, J.D. Oder II <j.d.oder@shift4.com> wrote:
>
> Laura-
>
> **_[REDACTED]_**
>
>
> J.D.
>
> -----Original Message-----
> From: Laura Miller
> Sent: Wednesday, June 20, 2018 11:46 AM
> To: Taylor Lauber; j.d.oder@shift4.com
> Cc: Daniel R. Redwood
> Subject: Draft Language
>
> Taylor and JD:
>
> **_[REDACTED]_**
>
> **_[REDACTED]_**
> Laura Miller
>
... (rest of confidentiality notice omitted for brevity) ...
From: J.D. Oder II
I am confused.
How can CardConnect solicit any member of the Orion Council?
J.D. Oder II
From: Taylor Lauber [mailto:tlauber@cardconnect.com] Sent: Wednesday, August 01, 2018 5:37 PM To: J.D. Oder II j.d.oder@shift4.com Cc: 'Laura Miller' Laura.Miller@fiserv.com; Daniel R. Redwood Daniel.Redwood@fiserv.com; Randy L. Harp Randy.Harp@fiserv.com Subject: Re: Amendment
JD-
[REDACTED] in the amendment is referring to all resellers that are part of the Orion Council.
Thanks, Taylor
Sent from my iPhone
On Aug 1, 2018, at 4:21 PM, J.D. Oder II j.d.oder@shift4.com wrote:
Laura-
[REDACTED]
Thanks
J.D. Oder | II Chief Executive Officer
-----Original Message----- From: Laura Miller Sent: Wednesday, August 01, 2018 9:38 AM To: Taylor Lauber; j.d.oder@shift4.com Cc: Daniel R. Redwood; Randy L. Harp Subject: Amendment
Taylor & JD,
Attached is a fully executed copy of the Amendment.
[REDACTED]
Regards, Laura
Laura Miller | Senior Counsel
Fiserv | Legal
5565 Glenridge Connector, Suite 500 | Atlanta, GA 30342
... (rest of confidentiality notice omitted for brevity) ...
***
**Exhibit 136 -- Fiserv's Response to Interrogatory No. 6.**
This exhibit is located on Docket Entry 136-1
INTERROGATORY NO. 6:
For the time period of January 1, 2016 to present, IDENTIFY all actual and prospective RESELLERs of CARDCONNECT and/or SHIFT4.
RESPONSE TO INTERROGATORY NO.6:
[REDACTED]
- Shift4
[REDACTED]
Orion Council
[REDACTED] Agilysys [REDACTED]
***
**Exhibit 171 -- J.D. Oder II's Email to Fiserv employees.**
This email exchange is exhibitied on Docket Entry 139-9
From: J.D. Oder II
Taylor-
Thank you for taking the time to discuss our partnership concerns earlier this week. As promised, I've outlined my thoughts below for your review and consideration:
"Orion Council"- The "Orion Council" currently includes 5 of the 11 resellers that are actively boarding the [REDACTED] platform. As we discussed, Shift4 has invested approximately $lM to stand-up, support, and contribute to the overall functionality of this program. [REDACTED]Given the success of the Orion Council to date, we would request that future Orion Council candidates be selected by Shift4.
I do recognize that agreeing to the above requests might be a big leap without any consideration from our end, so I am prepared to [REDACTED]
Taylor, as you know, I have always been straight-forward with you and I will continue to be straight-forward with you. [REDACTED] We are open to continue to invest in the program through 2019 ([REDACTED]) and look forward to better defining the parameters of our growing partnership.
Best,
J.D.
**Exhibit 11 (Part of Docket Entry 127-11)**
Full Text of text exchanges:
Taylor Lauber 1:57 PM Yes. Are you on a plane?
D. Oder , II 1:58 PM In between flights. Will you be available later this afternoon?
Taylor Lauber 1:58 PM Yes.
Taylor Lauber 2:25 PM Flying back tonight.
JD. Oder II 2:25 PM Okay. What about tomorrow?
J.D. Oder II 1:53 PM Sorry I missed your call. I'm traveling today. Monday, March 26, 2018 Taylor Lauber 3:35 PM Are you around?
J.D. Oder II 3:40 PM I am.
Taylor Lauber 11:47 AM Is today a possibility to connect?
J.D. Oder II 11:51 AM Yes. I will wrap up a conference call at noon and connect afterwards.
Taylor Lauber 11:58 AM Sounds good. ``` Key Findings and Summary
- Orion Council: The "Orion Council" was a group of resellers using a specific platform, and Shift4 had invested significantly in it. J.D. Oder II requested that future members of the council be selected by Shift4, indicating a desire for greater control over this aspect of the partnership. Also there exists a segmented portion of the Orion Council, called "Orion Managed Merchant Program".
- Text Messages: The text messages primarily show attempts to schedule calls, with the content of the discussions from those calls undiscussed.
- Redactions: Many of the documents, particularly emails, contain truths related to specific business terms, strategies, and financial figures.
- These are all of the Exhibits with the requested parameters.
Important Note: This information is based on my analysis of the provided excerpts from the court documents. I have made every effort to accurately present the content of the exhibits, but it's essential to consult the official court records for complete and definitive information.