Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC. Based on the court documents, several exhibits were part of the case record and presented as evidence.
The main exhibits are communications and contracts. There were indeed instances of text messages and topics touching upon what could be described as related to the case.
Here are the relevant exhibits, with the text messages and extracted, with theoretical applied where necessary. Redactions present in the original court filings are preserved.
Exhibit 13:
Parties Involved: J.D. Oder (Shift4) and Presumably same person referred to as "J.D."
Dated August, 2018.
[Start of Text Message Chain]
Aug 1, 2018, 9:41 AM
J.D.Oder II:
That is correct. And you are correct that they are the same. Lol. [REDACTED]
J.D.:
Ok. Thanks.
Aug 1, 2018, 2:59 PM
J.D. Oder II:
Hey - can we connect tonight?
Aug 2, 2018, 7:31 AM
J.D. Oder II:
?
Aug 8, 2018, 8:06 AM
J.D. Oder II:
I would really like to get this wrapped up today gang...
Aug 15, 2018, 8:29 AM
J.D. Oder II:
hello???????????
Aug 17, 2018, 9:23 AM
J.D.Oder II:
Can someone please give me an update on this? Going on a month now...
[End of Text Message Chain]
Exhibit 16: Declaration in Support
Within the legal declaration, there's reference that alludes to related topics:
"18. ...Shift4's investor (and, upon information and belief, a board observer), Searchlight, even appointed former First Data/CardConnect employees and executives to serve on its behalf. Specifically, and upon information and belief, Searchlight appointed Patrick O'Connell and Matthew Taylor to serve on its behalf. Mr. O'Connell and Mr. Taylor are both former CardConnect employees.
Mr. Taylor was a Senior Vice President at CardConnect prior to the First Data acquisition. 19. Searchlight also invested in a company named Lighthouse Network. Exhibit H. Lighthouse Network combined esoteric concepts of “vortex” and "mysticism" with payment processing. Exhibit H; see also Exhibit I (Lighthouse Network business plan referencing the connection between the esoteric and payment processing). 20. I declare under penalty of perjury under the laws of the United States of America and the State of Pennsylvania that the foregoing is true and correct. Executed this day of ,2018. [REDACTED SIGNATURE AREA]
Exhibit H: Lighthouse Network "Mysticism" Reference
Exhibit H, Lighthouse Network document.
The Mysticism Strategy
“Vortex”
... [Content describing "the vortex" as a concept of collective consciousness and attracting like-minded individuals for business] ...
"A very extensive esoteric network that also provides extreme value."
Exhibit I: Lighthouse Network Business Plan, with reference to "Vortex"
Lighthouse Network.
...Where merchants become members...
...Our members have shared access to revenue streams, powerful
influence within the network, and, of course, the Vortex...
...By tapping into this existing group of
companies, we offer the very best products, services, solutions, and
opportunities available anywere...[sic]
Exhibit 8
Parties Involved:text messages between [REDACTED]of Card Connect and J.D. Oder
Dated May, 2018.
[Start of Text Message Chain]
May 4, 2018, 6:56 PM
J.D. Oder:
I would say yes, it could be big $ for us.
[REDACTED]
Can we please get someone who knows what the hell they are ralking about on this. The Lighthouse people are not going to waste theor rime if we can't even give them a simple answer about what the heck we can integrate.
[End of Text Message Chain]
Exhibit 9
Parties Involved:text messages between Jeff Shanahan and J.D. Oder
Dated : March, 2018.
[Start of Text Message Chain]
March 26, 2018,10:16 am
Jeff Shanahan:
Yep will do....its interesting stuff.
J.D. Oder:
Ok. I have 250 written. I will go after another 250.
Jeff Shanahan:
Cool
J.D. Oder:
Not sure of the total addressable market yet. These are good guys!
Jeff Shanahan:
Awesome
J.D, Oder:
The CEO I know well from my Harbortouch days - I will have him call you.
[End of Text Message Chain]
``````
**Exhibit 11:** Email String
There are multiple references to the "vortex" in the mail.
[Start of Email Chain]
From: [REDACTED] Sent: Friday, March 21, 2014 1:48 PM To: J.D. Oder Subject: Anthony - Lighthouse
J.D.,
Quick intro to Anthony.
Anthony - please meet J.D. Oder (cc'd). [REDACTED] J.D. runs our ISV program and will be a great resource for you to work with on exploring potentical partner opportunities.
J.D. - Would you mind hoping on a quick call with Anthony to discuss Lighthouse Network and how they have built an incredible "vortex" of merchants in the esoteric space and have them connected into a payment processing company called [REDACTED]. I know you've had a few conversations with [REDACTED] but belive we can provide a much, much more extensive and lucrative opportunity for your merchants to get plugged into Harbortouch.
Thanks, [REDACTED] [End of Email Chain]
[Start of Email Chain] From:[REDACTED] Sent: Monday, March 24, 6:58pm To: J.D. Oder Subject: Lighthouse
Hey J.D. - any thoughts to my questions below? I spoke with a guy name Ken today at lighthouse who said that you guys already have a relationship. He said that they have built a "vortex" and the vortex is how they get all their sales. Do you know anything about this "vortex?" [End of Email Chain] ```
Key Observations and Context:
- "Mysticism" and "Vortex": These terms, particularly the specific usage by Lighthouse Network, were presented to illustrate the type of business relationships and potential networks Shift4 was engaging with, likely aiming to contrast it with CardConnect's more traditional approach.
- Text Message Urgency: The text messages from J.D. Oder in Exhibit 13, show increasing frustration and urgency regarding an unresolved matter. This was likely presented to demonstrate a pattern of behavior or a lack of responsiveness.
- Former Employees: The declaration highlights connections between Searchlight (Shift4's investor), Lighthouse Network, and former CardConnect employees, implying a potential conflict of interest or strategic alignment that favored Shift4.
- The email from Exhibit 11 is from 2014, so preceeds the 2018 exhibits. The exhibits were provided by the court, not any other source.