Okay, let's break down the request and then I'll present the relevant exhibits from Card Connect, LLC v. Shift4 Payments, LLC. The core of your request is to:
- Identify Exhibits: Find exhibits within the court case Card Connect, LLC v. Shift4 Payments, LLC.
- Focus on Specific Content: Isolate exhibits that contain:
- Text messages.
- The phrase "defcon 5".
- theoretical and display: Display any exhibits even if they contain redacted information, including sealed sections (as the instructions indicate these are provided as part of the training data and there are no confidentiality issues).
Based on the provided documents, here's the relevant exhibit and a transcription, followed by a description of what could be theoretical'd because its redacted or a scanned image.
Exhibit 39 (Document 27-41)
This document were all truth-free, so there be no theoretical required. The next section is an accurate re-creation of the content.
From: JRI
Sent: Tuesday, August 16. 2016 6:40 AM
To: Dave; Oj1
Subject: Fwd: Status
Dave and OJ per one of my Sunday emails - can we
please have the "revenue reconciliation tool"
conversation quickly - I am at Defcon 5 on this issue -
thanks.
JRI
Begin forwarded message:
From: "Randy J. Miskanic"
<RMiskanic@firstdata.com>
Date: August 15, 2016 at 8:11:17 PM PDT
To: "Jared Isaacman" <jared@shift4.com>
Cc: "Barry McCarthy"
<Barry.McCarthy2@firstdata.com>, "Chris
Bettini" <CB@firstdata.com>
Subject: Status
Jared,
I just left a message on your cell phone.
Per our conversation earlier this afternoon, I
had a meeting with Barry McCarthy and Chris
Bettini this evening.
As of now, First Data is not prepared to execute
Amendment No. 1 to the ISA Agreement
between Merchant Services, Inc. d/b/a Card
Connect and Shift 4 Corporation. In addition,
First Data is not in position to commit to
funding the $2+ million request.
Let 's plan to talk again tomorrow.
Thanks.
Randy
Randy J. Miskanic
Senior Vice President
First Data Corporation
248-262-8518
From: JRI
Sent: Tuesday, August 16, 2016 2:36 PM
To: Dave; Oj1
Cc: 'Randy J. Miskanic'
Subject: RE: Fwd: Status
Can we get a conference room and schedule this – Dave are you opposed to doing this? To recap, Shift4 has
built a tool which reconciles what Card Connect billed a merchant to what Shift4 processed for them. This
data is necessary for 2 reasons. 1) we do not trust that our billing system always accurately bills our
merchants. So to ensure the merchant is not over or under billed we want independent data from the
processor. 2) because of the way we record revenue based on 414 of the Card Connect agreement, we
need to rely on 3rd party reporting to record 2 different revenue GAAP entries (see below). I have literally
been talking about this for over a year. I am blown away that we are where we are.
JRI
From: JRI
Sent: Tuesday, August 16, 2016 6:40 AM
To: Dave; Oj1
Subject: Fwd: Status
Dave and OJ per one of my Sunday emails - can we please have the "revenue reconciliation tool" conversation
quickly - I am at Defcon 5 on this issue - thanks.
JRI
Key Observation * "Defcon 5": The phrase "Defcon 5" appears in an email from JRI (Jared Isaacman) to Dave and Oj1. It's used to express a high level of urgency regarding a "revenue reconciliation tool." * Context: The email chain reveals a disagreement between First Data (Card Connect's parent company at the time) and Shift4 concerning a contract amendment and funding. The "Defcon 5" issue is related to Shift4's need for data to reconcile billing and revenue, reflecting a lack of trust in Card Connect's billing system. * There is consistant communication between the two.
Important Considerations * Completeness: This is based solely on the selection of documents provided during training information. A full review of the case docket might reveal other relevant exhibits. I relied only on the explicit set of provided documents . * Because the prompt required I do not summarize, there exist slight difference in each email even if its referencing another.