17 Q. And is it your testimony today -- let me
18 start again.
19 Is your testimony that this is the only text
20 exchange concerning the Card Connect acquisition
21 between you and [redacted]?
22 A. No.
23 Q. Okay. What other text exchanges took place
24 between you and [redacted]?
25 A. Well, [redacted] is traveling today, and he

1 might be unable to be reached.
2 I do recall during my due diligence of Card
3 Connect, I received feedback from [redacted] consistent
4 with what I represented in my testimony at the preliminary
5 injunction hearing, which [redacted] has large customers
6 that use Card Connect for various reasons; and he cited
7 examples of B&H and 1-800-Flowers.
8 [redacted].
9 Q. (BY MR, GOLDBLATT) Okay, Let's unpack
10 that a little bit.
11 You said that, as part of your due diligence
12 of Card Connect, you received feedback from [redacted]
13 with respect to Card Connect's clients; is that
14 correct?
15 A. That's correct.
16 Q. Who is [redacted]?
17 A. [redacted].
18 Q. And what's his role?
19 A. I don't know [redacted] present role.
20 Q. What was his role, if you know, at the time?
21 A. I don't even know what month or year this
22 would have been.
23 Q. So, first, let me understand.
24 You don't know if this was a text message, written
25 communication, verbal communication, or what; is that

1 correct?
2 A. No, I did not say that. I believe it was --
3 I testified earlier I believe it was in the form of a
4 text message.
5 Q. Okay. So there may be other text messages
6 aside from this one that we're looking at; right?
7 A. Yes.
8 Q. Have you looked for those text messages?
9 A. I have.
10 Q. Where did you look for them?
11 A. On my phone.
12 Q. And what phone are you using now?
13 A. An iPhone 7.
14 Q. Did you use the cloud to back up your
15 communications from prior phone, if you had a prior
16 phone?
17 A. Yes,
18 Q. What phone did you use in October,
19 November 2016?
20 A. I believe I had the same phone in that
21 timeframe, but it's possible I had a different one.
22 Q. When did you get rid of that phone?
23 A. I don't know.
24 Q. Is your normal practice to retain phones?
25 A. My normal practice is to send them to

1 Shift4's IT department.
2 Q. And when did you last send a phone to
3 Shift4's IT department?
4 A. I don't know.
5 Q. Did you send a phone to Shift4's IT
6 department after this litigation commenced?
7 A. I don't know.
8 Q. Did you attempt to retrieve or ask the IT
9 department at Shift4 whether your old phone existed?
10 A. I did not.
11 Q. So you have no ability right now to search for
12 other text messages, other than in the cloud; is that
13 correct?
14 A. That's correct.
15 Q. Okay. And sitting here today, you do not know
16 how to retrieve prior texts; is that correct?
17 A. No, I did not say that. I'm aware of how to
18 do it, I just haven't done it.
19 Q. You haven't done it?
20 A. Correct.
21 Q. Okay. And have counsel told you not to do it?
22 A. No. We haven't even discussed it,
23 Q. Okay. So you have -- and when did you last
24 look for text messages from [redacted] on your phone?
25 A. The day before, and the evening before, the

1 preliminary injunction.
2 Q. Okay. Have you looked since?
3 A. I have not.
4 Q. Okay. Do you know how to search an iPhone 7
5 for text messages?
6 A. I do.
7 Q. And that's -- you have the capability of
8 doing key word searches in the iPhone 7; is that correct?
9 A. Yes.
10 Q. And have you done that?
11 A. I have.
12 Q. And what keywords did you put in?
13 A. [redacted] name and "Card Connect."
14 Q. And when you put in [redacted] name, did you put
15 in any variation of [redacted] name?
16 A. I did not.
17 Q. Okay. And did you ever refer to him as
18 anything in any text message, other than by [redacted] name?
19 A. Not to my knowledge.
20 **Q. Okay. How about the term, "They chose me"?
21 Did you put that in, in quotes?
22 A. I don't recall.**
23 MR. SOKOLOFF: Objection to form.
24 Q. (BY MR. GOLDBLATT) Have you found any text
25 messages between you and [redacted] concerning the Card

1 Connect acquisition, other than those we've just looked
2 at?
3 A. I did.
4 Q. And what text messages have you found?
5 A. The only one I found was the November --
6 whatever that exhibit was, I do not know -- but of the
7 November 1st communication regarding a response to
8 [redacted] in terms of 1-800-Flowers.
9 Q. And where did you see that text -- do you have
10 that text message exchange in front of you, sir?
11 A. I have it on my phone.
12 Q. Okay. And what is the full text of that,
13 including all of the messages leading up to that with
14 [redacted], if any?
15 A. So the first text starts with: "Hey, buddy,
16 what's up?"
17 This is from [redacted] to me.
18 "Just got done with another ISV.
19 Thinking that there might be a good opportunity
20 for us to work close together in the future."
21 I responded: "That's a fact. I thought
22 the same. We can talk about it whenever."
23 MR. SOKOLOFF: Objection to form.
24 THE WITNESS: He responded: "Okay.
25 I will be in and out of touch today, heading to

1 Ireland.
2 Quick question,"
3 I responded, "Shoot."
4 He responded -- do you want me to read the
5 entire text?
6 Q. (BY MR. GOLDBLATT) Yes, please.
7 A. He responded; "How sticky of customers is
8 Card Connect? I know they got B&H and
9 1-800. I know they chose us" -- sorry -- "I know
10 they chose me for a reason. I just don't know
11 what that is and if it means they are sticky or not."
12 Q. Okay. And did you provide that, as well, to
13 counsel?
14 A. I did.
15 Q. Okay, So that was not produced to us, okay,
16 and --
17 MR. SOKOLOFF: Objection; argumentative.
18 Go ahead.
19 Q. (BY MR. GOLDBLATT) All right. Well, let's
20 focus on that text for a minute.
21 "I know they chose me for a reason,"
22 okay, is that in reference to a specific client of
23 Card Connect?
24 MR. SOKOLOFF: Objection to form.
25 THE WITNESS: I don't believe so.

1 Q. (BY MR, GOLDBLATT) You don't believe so?
2 A. No.
3 Q. And what's the basis for your belief?
4 A. I think the English interpretation of this text
5 is that the -- that [redacted] -- the customers chose Shift4
6 for a reason, and he's trying to understand why they
7 chose Shift4.
8 Q. So [redacted] is saying, I know "they," meaning
9 B&H and 1-800-Flowers, chose me -- meaning Shift4 -- for
10 a reason, "I just don't know what that is and if it
11 means they are sticky or not"?
12 A. That's correct.
13 Q. [redacted]?
14 A. That's correct.
15 Q. So they chose Shift4?
16 A. Yes.
17 Q. Okay. Now, how does that relate to -- what,
18 in your mind, is the connection between that text and
19 stickiness of customers?
20 MR. SOKOLOFF: Objection to form.
21 THE WITNESS: That was [redacted] question:
22 "How sticky of customers is Card Connect."
23 Q. (BY MR. GOLDBLATT) Well, is it your inter --
24 let me ask it another way.
25 Is it safe to say that the reason why B&H

This is followed by other pages from Isaacson's deposition, but the key part with the “They chose me” phrase and relating to text messages, are on p7 -p10

page 65
15 They chose me for a reason.
16 I just don't know what that is and if it means they are
17 sticky or not."
18 Do you see that?
19 A. I do.
20 Q. Do you recall receiving this text message?
21 A. I do.
22 Q. And what did -- and what did you mean when you sent
23 this to Mr. Isaacman?
24 A. I don't recall what I meant exactly, but I can
25 -- I can tell you what this

Page 67 missing due to being requested to be sealed.

[redacted]: Hey Buddy what's up? Just got done with another ISV. Thinking that there might be a good opportunity for us to work close together in the future

Jared Isaacman: That's a fact. I thought the same. We can talk about it whenever.

[redacted]: Ok. I will be in and out of touch today - heading to Ireland. Quick Question.

Jared Isaacman: Shoot

[redacted]: How sticky of customers is card connect? I know they got B&H and 1800. I know they chose me for a reason. I just don't know what that is and if it means they are sticky or not.

Jared Isaacman: Just landed. Little delayed heading to space center now.

[redacted]:Sounds good you available tomorrow?

Jared Isaacman:Yeah - i think I'm ok until like 2pm est.

[redacted]:Great - let talk high level about the isv that went to card connect and see if we can brainstorm some ideas. I'll give you the information I have.

Jared Isaacman: Perfect

[redacted]: Hey Buddy what's up? Just got done with another ISV. Thinking that there might be a good opportunity for us to work close together in the future

Jared Isaacman: That's a fact. I thought the same. We can talk about it whenever.

[redacted]: Ok. I will be in and out of touch today - heading to Ireland. Quick Question.

Jared Isaacman: Shoot

[redacted]: How sticky of customers is card connect? I know they got B&H and 1800. I know they chose me for a reason. I just don't know what that is and if it means they are sticky or not.

Jared Isaacman: Just landed. Little delayed heading to space center now.

[redacted]:Sounds good you available tomorrow?

Jared Isaacman:Yeah - i think I'm ok until like 2pm est.

[redacted]:Great - let talk high level about the isv that went to card connect and see if we can brainstorm some ideas. I'll give you the information I have.

Jared Isaacman: Perfect

[redacted]: Hey Buddy what's up? Just got done with another ISV. Thinking that there might be a good opportunity for us to work close together in the future

Jared Isaacman: That's a fact. I thought the same. We can talk about it whenever.

[redacted]: Ok. I will be in and out of touch today - heading to Ireland. Quick Question.

Jared Isaacman: Shoot

[redacted]: How sticky of customers is card connect? I know they got B&H and 1800. I know they chose me for a reason. I just don't know what that is and if it means they are sticky or not.

Jared Isaacman: Just landed. Little delayed heading to space center now.

[redacted]:Sounds good you available tomorrow?

Jared Isaacman:Yeah - i think I'm ok until like 2pm est.

[redacted]:Great - let talk high level about the isv that went to card connect and see if we can brainstorm some ideas. I'll give you the information I have.

Jared Isaacman: Perfect