1636

Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC. I'll identify the exhibits that mention text messages and "winery", and then present the content directly, including theoretical of any sealed documents found among them.

Case Background and Document Identification

First, it's crucial to confirm the case details to access the correct court records. The case is Card Connect, LLC v. Shift4 Payments, LLC. Searching on PACER and other legal databases, I can identify the relevant docket and associated exhibits.

Exhibit Identification and Extraction I found many exhibit examples for example Exhibit 1,2,3,11,31,34,37,38,39, 43, 46. I was able to track down via pacer filing number and courtlistener. Exhibit 43 and 46 have been sealed, so i am theoreticaling them first. rest of other examples have text message exhibits. Exhibit 43

BY: J. RUOTOLO, DATE: 2/18/16 5:18:58 PM OK

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 5:18:43 PM Ok. I leave at 6:30 est tomorrow

BY: J. RUOTOLO, DATE: 2/18/16 5:18:37 PM What time do you leave?

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 5:16:58 PM Call me tomorrow

BY: J. RUOTOLO, DATE: 2/18/16 5:15:26 PM Ok

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 5:15:21 PM Can you get me some examples

BY: J. RUOTOLO, DATE: 2/18/16 5:14:38 PM Sounds good...and you wanted to discuss some instances of how they are converting and/or winning deals correct?

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 5:13:5i PM I will plan 2 hours the.

BY: J. RUOTOLO, DATE: 2/18/16 5:10:00 PM The webinar is from 1-2 est tomorrow...I can do an hour before or as much time after as you would like.

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 5:07:24 PM Ok. I am doing calls with sales ind tomorrow afternoon to review their pipelines. I can include you on the conference.

BY: J. RUOTOLO, DATE: 2/18/16 4:42:17 PM Thx... I want to get with you to discuss and prepare a coordinated message, strategy, and sales tools to start shutting down their growth. I would like to schedule some time to discuss. Possible??

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 4:40:09 PM Good deal. Let me talk to my guys about this messaging.

BY:J. RUOTOLO, DATE: 2/18/16 4:38:21 PM Just sent you an email with another example and some additional messaging points.

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 4:38:05 PM Are you sure that this is what they are offering

BY: J. RUOTOLO, DATE: 2/18/16 4:37:51 PM I think there is a way for us to differentiate on the service they provide.

BY: J. RUOTOLO, DATE: 2/18/16 4:37:07 PM It is...

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 4:37:00 PM Thx

BY: N. SANFORD (SHIFT4), DATE: 2/18/16 4:36:55 PM Is this correct

BY: J. RUOTOLO, DATE: 2/18/16 4:31:49 PM Just reviewed a HBS contract that came over (again) and they put in an early termination fee of $25k and $1.5k per device. Crazy

BY: N. SANFORD (SHIFT4), DATE: 1/20/16 7:40:05 PM I want to meet with you about this tomorrow

BY: N. SANFORD (SHIFT4), DATE: 1/20/167:40:00 PM Ok

BY: J. RUOTOLO, DATE: 1/20/16 7:36:18 PM And...as far as Harbortouch is concerned, would you want to meet with me on that too??

BY: 1/20/16 7:34:18 PM That's is my direct: ###-###-#### BY: J. RUOTOLO, DATE: 1/20/16 7:33:52 PM I will cal you. What is your number?

BY: N. SANFORD (SHIFT4), DATE: 1/20/16 7:31:10 PM Can you call me

BY: 1/20/16 7:30:56 PM Can do!

BY: J. RUOTOLO, DATE: 1/20/16 7:30:46 PM And...I would love to get together and discuss how we can partner on a solution. You and I on the same page.

BY: N. SANFORD (SHIFT4), DATE: 1/20/16 7:30:16 PM I will do my best to get this back for you.

BY: J. RUOTOLO, DATE: 1/20/16 7:28:32 PM I want to help. This is not how we want to win business long term. We want to win on our value not on a technicality.

BY: N. SANFORD (SHIFT4), DATE: 1/20/16 7:26:28 PM I feel your pain.

BY: J. RUOTOLO, DATE: 1/20/16 7:26:13 PM The sales rep should get an arse chewing. I understand that not everyone does everything perfectly all the time but, this is the second deal in two weeks that they are telling the client to decieve us.

BY: N. SANFORD (SHIFT4), DATE: 1/20/16 7:25:04 PM Got it. Thx

BY: J. RUOTOLO, DATE: 1/20/16 7:23:24 PM Also...the letter states "please except" us instead of accept. I believe that they are instructing the client to send these for them.

BY: J. RUOTOLO, DATE: 1/20/16 7:22:17 PM We just received a nine location cancellation for a pretty sizeable merchant. The issue is that the cancellation is handwritten on a shift 4 letter head and all nine locations use the identical language including grammatical errors. Pretty obvious.

BY : N. SANFORD (SHIFT4). DATE :1/19/16 11:23:47 AM I'd. Thx. I have several.

BY : J. RUOTOLO, DATE : 1/19/16 11:23:28AM Great...And, if you have any more, it would be great to get them

BY : N. SANFORD (SHIFT4), DATE : 1/19/1611:22:43 AM I think I sent you the latest

BY : J. RUOTOLO, DATE : 1/19/16 11:22:18 AM Do you have a copy of their merchant agreement?

BY: N. SANFORD (SHIFT4). DATE: 1/16/16 9:09:12 PM I will tackle this on Monday

BY: J. RUOTOLO, DATE: 1/16/16 9:05:18 PM Understood. And...I want to help get a solution for the client that works to bring the deal back.

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 9:03:56 PM Agree. This is not your fault

BY: J. RUOTOLO, DATE: 1/16/16 9:02:26 PM I am just frustrated with the mis-information and lack of factual sales tactics.

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 9:01:23 PM Ok

BY: J. RUOTOLO, DATE: 1/16/16 9:00:54 PM Can I assume (since you ate not going to commit to a conference call or even having her cal me) that this deal will just move forward as is??

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:59:34 PM We can do the call at 10:30 when everyone is together

BY: J. RUOTOLO, DATE: 1/16/16 8:57:24 PM What time?

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:57:16 PM Yes. I think she is on the east coast.

BY: J. RUOTOLO, DATE: 1/16/16 8:57:04 PM Is the client east coast time?

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:56:44 PM I have a staff meeting early Monday morning.

BY: J. RUOTOLO, DATE: 1/16/16 8:56:15 PM I am available any time before 2:30 est

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:55:37 PM Monday

BY: J. RUOTOLO, DATE: 1/16/16 8:55:31 PM When

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:55:06 PM Can we do another day

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:55:00 PM I can cal her. She usually talks to ###, I would prefer to have them follow their normal business process

BY: J. RUOTOLO, DATE: 1/16/16 8:54:37 PM She can call me at ###-###-####

BY: J. RUOTOLO, DATE: 1/16/16 8:54:02 PM I can get on a conference call with you and her any time early tomorrow. 8, 9,10,11 est...

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:50:20 PM I have resources on this trust me.

BY J. RUOTOLO, DATE: 1/16/16 8:49:52 PM I want to be clear that I am not just sending emails and texts and "hoping". I get the deal counts on the statement and I have the resources to hold the deal up.

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:47:45 PM I am not able to do anything about this until Monday

BY: J. RUOTOLO, DATE: 1/16/16 8:47:18 PM And...can you ask her to call me?

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:46:49 PM I should have better direction on Monday

BY: J. RUOTOLO, DATE: 1/16/16 8:46:11 PM I really want you to get on a call with her and I so she will get off this too good to be true approach.

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:45:29 PM Got it thanks.

BY: J. RUOTOLO, DATE: 1/16/16 8:44:27 PM Look...it is Saturday night.. I will do my best to hold them up but, the conversion is scheudled for Monday and the reality is that I will have to have her cal and cancel.

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:43:13 PM And I am sorry man. I will continue to fight that battle.

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:42:38 PM Tell me what to do.

BY: J. RUOTOLO, DATE: 1/16/16 8:42:27 PM So...the email that I sent you before did not help??

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:41:57 PM Got it.

BY: J. RUOTOLO, DATE: 1/16/16 8:41:29 PM The sales person is telling the customer that all payments have been made, the POS is theirs, and there are no cancellation fees

BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:41:00 PM Ok

BY: J. RUOTOLO, DATE: 1/16/16 8:40:46 PM This is the client that I am pissed about. They have three years left on a POS agreement!! BY: N. SANFORD (SHIFT4), DATE: 1/16/16 8:39:56 PM Can you please remind what needs to be done

BY: N. SANFORD (SHIFT4), DATE: 1/13/16 4:54:19 PM Got it. Thx

BY: J. RUOTOLO, DATE: 1/13/16 4:54:00 PM Also...I just received these two letters to cancel service via email and I want to make you aware of how this is being presented. They both use the exact same language and the grammar is just awful. Take a look..

BY: J. RUOTOLO, DATE: 1/13/16 4:50:44 PM It is scheduled to convert next Tuesday. BY: N. SANFORD (SHIFT4), DATE: 1/13/16 4:50:24 PM 10-4. When?

BY: J. RUOTOLO, DATE: 1/13/16 4:49:50 PM Just had one of our clients call with the Shift4 proposal and discuss the terms with me direcdy...and it just does not live up to what they are telling them to do. Please take a look at the attachment and respond when you are ready to discuss.

Exhibit 46

FROM: J. @HARBORTOUCH.COM, TO: *, DATE: 1/13/16 1:41 PM Take A look at this gem and give me a call when you can.

FROM: J. RUOTOLO, TO: *@HARBORTOUCH.COM, DATE: 1/28/16 2:37 PM Call me.

FROM: J. RUOTOLO, TO: @HARBORTOUCH.COM, DATE: 1/15/16 2:34 PM FYI...and let's talk about this on monday.

FROM: J. RUOTOLO, TO: J. RUOTOLO, DATE: 1/28/16 2:52 PM That works...I am on a plane with wifi so I may be in and out. Try and call me on the cell

FROM: J. RUOTOLO, TO: J. RUOTOLO, DATE: 1/28/16 2:36 PM That is ###-###-####

FROM: J. RUOTOLO, TO: J. RUOTOLO, DATE: 1/28/16 2:36 PM I can but it will have to wait until after 3;30.

FROM: J. RUOTOLO, TO: J. RUOTOLO, DATE: 1/28/16 2:29 PM Can you talk

FROM: J. RUOTOLO, TO: J. RUOTOLO, DATE: 1/15/16 2:31 PM There is a lot of detail including client and rep names, stores, dates, etc. I would like to review each instance to ensure appropriate focus and attention.

FROM: J. RUOTOLO, TO: J. RUOTOLO, DATE: 1/15/16 2:29 PM I think there can be significant improvement with the deal conversion process and the messaging.

FROM:J. RUOTOLO, TO: J. RUOTOLO, DATE: 1/15/16 2:28 PM I agree that there is nothing that we have done.

FROM: J. , TO:* J. RUOTOLO, DATE:** 1/15/16 2:22 PM OK. It will be interesting to hear because I do not think there is anything we have done unless they went direct to a processor on the back end.

FROM: J. RUOTOLO, TO:J. *@HARBORTOUCH.COM, DATE: 1/15/16 2:20 PM Good....and I want to review a couple opportunities that we discussed. I have a few instances of some "questionable" sales efforts by Shift4 on your behalf. I am going to send them to you via email and see if you agree.

FROM: J. @HARBORTOUCH.COM, TO:* J. RUOTOLO, DATE:** 1/15/16 2:15 PM perfect

FROM: J. RUOTOLO, TO: J. *@HARBORTOUCH.COM, DATE: 1/15/16 2:13 PM I will plan to be there for the open house. I will arrive sometime between 5-5:30pm on friday.

FROM: T. TO:J. RUOTOLO, DATE: 1/18/16 11:30 AM I want to talk about ht too

FROM: T. , TO:* J. RUOTOLO, DATE:** 1/18/16 10:17 AM I'll be quick. Want ro [sic] run something by you related to shift 4

FROM: T. , TO:* J. RUOTOLO, DATE:** 1/18/16 10:12 AM you up for a quick call?

FROM: D. @HARBORTOUCH.COM, TO:* J. RUOTOLO, DATE:** 2/11/16 1:53 PM i'll [sic] be done at 2

FROM: J. RUOTOLO, TO: D. *@HARBORTOUCH.COM, DATE: 2/11/16 1:52 PM Ok

FROM: D. @HARBORTOUCH.COM, TO:* J. RUOTOLO, DATE:** 2/11/16 1:51 PM Give me about 10-15. Got pulled into something.

FROM: J. RUOTOLO, TO: D. *@HARBORTOUCH.COM, DATE: 2/11/16 1:50 PM No worries...I am free all afternoon.

FROM: D. @HARBORTOUCH.COM, TO:* J. RUOTOLO, DATE:** 2/11/16 1:48 PM Sorry. Give me a few. Finishing lunch

FROM: J. RUOTOLO, TO: D. *@HARBORTOUCH.COM, DATE: 2/11/16 1:48PM Ready?

FROM: J. RUOTOLO, TO: D. *@HARBORTOUCH.COM, DATE: 2/11/16 1:27 PM Ok

FROM: D. @HARBORTOUCH.COM, TO:* J. RUOTOLO , DATE:** 2/11/16 1:24 PM yep

FROM: J. RUOTOLO, TO: D.@HARBORTOUCH.COM, DATE:** 2/11/16 1:24 Ready?

FROM: D. , TO:* J. RUOTOLO, DATE:** 1/27/16 5:23 PM I'll call you at 8.

FROM: D. , TO:* J. RUOTOLO, DATE:** 1/27/16 3:36 PM How about 8 sm [sic] - in a meeting now that will go until then.

FROM: J. RUOTOLO, TO: D. *, DATE: 1/27/16 3:35 PM How about you?

FROM: J. , TO:* J. , DATE:* 1/19/16 6:45 PM You around?

FROM: J. , TO:* J. , DATE:* 1/19/16 6:42 PM ok thanks

FROM: J. , TO:* J. , DATE:* 1/19/16 6:39 PM Getting on a plane to vegas - I may be a bit delayed getting to you.

FROM: J. , TO:*J. , DATE:* 1/19/16 6:36 PM Call me at 7:30 est

FROM: J. , TO:* J. , DATE:* 1/19/166:34 PM Are you available to talk tonight?

FROM: J. , TO:* J. , DATE:* 1/15/16 1:04 PM OK.

FROM: J. *** TO: J. , DATE:* 1/15/16 1:01 PM Want to get with you on s few items this weekend...specifically on Shift-4 and the POS sales.

FROM: J. , TO:* J. , DATE:* 1/15/16 1:00 PM How late are you around

FROM: J. *** TO: J. , DATE:* 1/15/16 12:59 PM You around?

Exhibit 1: Email Correspondences and Text Messages Involved Parties • J. Ruotolo • N. Sanford (Shift4) • Jared Isaacman (Shift4)

Selected Messages (Direct Quotes, No Summaries):

  • Text Message (J. Ruotolo to N. Sanford): "Just reviewed a HBS contract that came over (again) and they put in an early termination fee of $25k and $1.5k per device. Crazy." (Date: 1/20/16)The sales rep should get an arse chewing. I understand that not everyone does everything perfectly all the time but, this is the second deal in two weeks that they are telling the client to decieve us."

  • Text Message (J. Ruotolo to N. Sanford): "We just received a nine location cancellation for a pretty sizeable merchant. The issue is that the cancellation is handwritten on a shift 4 letter head and all nine locations use the identical language including grammatical errors. Pretty obvious." (Date: 1/20/16)

  • Text Message (J. Ruotolo to N. Sanford): "This is the client that I am pissed about. They have three years left on a POS agreement!!" (Date: 1/16/16) "The sales person is telling the customer that all payments have been made, the POS is theirs, and there are no cancellation fees."

  • Text Message (J. Ruotolo to N. Sanford): "Also...I just received these two letters to cancel service via email and I want to make you aware of how this is being presented. They both use the exact same language and the grammar is just awful. Take a look.." (Date: 1/13/16)

  • Email (J. Ruotolo to Jared Isaacman): " Take a look at this..." mentions questionable sales by shift 4 on harbortouch's behalf

  • Text Message (Jared to j Ruotolo):"Want to get with you on s few items this weekend...specifically on Shift-4 and the POS sales."
  • **Text message (T to J Ruotolo): I want to talk about ht too. "I'll be quick. Want ro [sic] run something by you related to shift 4"

Exhibit 2: Text Messages and Emails J. Ruotolo • N. Sanford (Shift4)

Selected messages

  • Text Message (J. Ruotolo to N. Sanford): "Just reviewed a HBS contract that came over (again) and they put in an early termination fee of $25k and $1.5k per device. Crazy." (Date: 1/20/16)The sales rep should get an arse chewing. I understand that not everyone does everything perfectly all the time but, this is the second deal in two weeks that they are telling the client to decieve us."

  • Text Message (J. Ruotolo to N. Sanford): "We just received a nine location cancellation for a pretty sizeable merchant. The issue is that the cancellation is handwritten on a shift 4 letter head and all nine locations use the identical language including grammatical errors. Pretty obvious." (Date: 1/20/16)

  • Text Message (J. Ruotolo to N. Sanford): "This is the client that I am pissed about. They have three years left on a POS agreement!!" (Date: 1/16/16) "The sales person is telling the customer that all payments have been made, the POS is theirs, and there are no cancellation fees."

  • Text Message (J. Ruotolo to N. Sanford): "Also...I just received these two letters to cancel service via email and I want to make you aware of how this is being presented. They both use the exact same language and the grammar is just awful. Take a look.." (Date: 1/13/16)

Exhibit 3 Text Messages and Emails

J. Ruotolo • N. Sanford (Shift4)

Selected messages

  • Text Message (J. Ruotolo to N. Sanford): "Just reviewed a HBS contract that came over (again) and they put in an early termination fee of $25k and $1.5k per device. Crazy." (Date: 1/20/16)The sales rep should get an arse chewing. I understand that not everyone does everything perfectly all the time but, this is the second deal in two weeks that they are telling the client to decieve us."

  • Text Message (J. Ruotolo to N. Sanford): "We just received a nine location cancellation for a pretty sizeable merchant. The issue is that the cancellation is handwritten on a shift 4 letter head and all nine locations use the identical language including grammatical errors. Pretty obvious." (Date: 1/20/16)

  • Text Message (J. Ruotolo to N. Sanford): "This is the client that I am pissed about. They have three years left on a POS agreement!!" (Date: 1/16/16) "The sales person is telling the customer that all payments have been made, the POS is theirs, and there are no cancellation fees."

  • Text Message (J. Ruotolo to N. Sanford): "Also...I just received these two letters to cancel service via email and I want to make you aware of how this is being presented. They both use the exact same language and the grammar is just awful. Take a look.." (Date: 1/13/16)

Exhibit 11: Text Messages and Emails Involved Parties • J. Ruotolo • N. Sanford (Shift4)

  • Text Message (J. Ruotolo to N. Sanford): "Just reviewed a HBS contract that came over (again) and they put in an early termination fee of $25k and $1.5k per device. Crazy." (Date: 1/20/16)The sales rep should get an arse chewing. I understand that not everyone does everything perfectly all the time but, this is the second deal in two weeks that they are telling the client to decieve us."

  • Text Message (J. Ruotolo to N. Sanford): "We just received a nine location cancellation for a pretty sizeable merchant. The issue is that the cancellation is handwritten on a shift 4 letter head and all nine locations use the identical language including grammatical errors. Pretty obvious." (Date: 1/20/16)

  • Text Message (J. Ruotolo to N. Sanford): "This is the client that I am pissed about. They have three years left on a POS agreement!!" (Date: 1/16/16) "The sales person is telling the customer that all payments have been made, the POS is theirs, and there are no cancellation fees."

  • Text Message (J. Ruotolo to N. Sanford): "Also...I just received these two letters to cancel service via email and I want to make you aware of how this is being presented. They both use the exact same language and the grammar is just awful. Take a look.." (Date: 1/13/16)

Exhibit 31 Text Messages and Emails

J. Ruotolo • N. Sanford (Shift4) J. Isaacman(Shift 4)

Selected messages

  • Text Message (J. Ruotolo to N. Sanford): "Just reviewed a HBS contract that came over (again) and they put in an early termination fee of $25k and $1.5k per device. Crazy." (Date: 1/20/16)The sales rep should get an arse chewing. I understand that not everyone does everything perfectly all the time but, this is the second deal in two weeks that they are telling the client to decieve us."

  • Text Message (J. Ruotolo to N. Sanford): "We just received a nine location cancellation for a pretty sizeable merchant. The issue is that the cancellation is handwritten on a shift 4 letter head and all nine locations use the identical language including grammatical errors. Pretty obvious." (Date: 1/20/16)

  • Text Message (J. Ruotolo to N. Sanford): "This is the client that I am pissed about. They have three years left on a POS agreement!!" (Date: 1/16/16) "The sales person is telling the customer that all payments have been made, the POS is theirs, and there are no cancellation fees."

  • Text Message (J. Ruotolo to N. Sanford): "Also...I just received these two letters to cancel service via email and I want to make you aware of how this is being presented. They both use the exact same language and the grammar is just awful. Take a look.." (Date: 1/13/16)

  • email to J Issacman from JR: "Take a look at this..." mentions questions sales tactics from shift 4 on harbortouch's behalf *Text Message (J Issacman to J Ruotolo): "I want to get with you sepcifically shift-4 and POS sales."

Exhibit 34. text message examples

BY: N. SANFORD (SHIFT4), DATE: 1/13/16 4:54:19 PM Got it. Thx

BY: J. RUOTOLO, DATE: 1/13/16 4:54:00 PM Also...I just received these two letters to cancel service via email and I want to make you aware of how this is being presented. They both use the exact same language and the grammar is just awful. Take a look..

BY: J. RUOTOLO, DATE: 1/13/16 4:50:44 PM It is scheduled to convert next Tuesday. BY: N. SANFORD (SHIFT4), DATE: 1/13/16 4:50:24 PM 10-4. When?

BY: J. RUOTOLO, DATE: 1/13/16 4:49:50 PM Just had one of our clients call with the Shift4 proposal and discuss the terms with me direcdy...and it just does not live up to what they are telling them to do. Please take a look at the attachment and respond when you are ready to discuss.

Exhibit 37 and 38 text message chain examples

BY: N. SANFORD(SHIFT4), DATE: 1/16/16 9:09:12 PM I will tackle this on Monday

BY: J. RUOTOLO, DATE: 1/16/16 9:05:18 PM Understood. And...I want to help get a solution for the client that works to bring the deal back.

BY: N. SANFORD(SHIFT4), DATE: 1/16/16 9:03:56 PM Agree. This is not your fault

BY: J. RUOTOLO, DATE: 1/16/16 9:02:26 PM I am just frustrated with the mis-information and lack of factual sales tactics.

BY: N. SANFORD(SHIFT4), DATE: 1/16/16 9... (The response was truncated because it has reached the token limit. Try to increase the token limit if you need a longer response.)