Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC. I'll identify the exhibits that feature text messages and references to "debauchery," and provide the content of those exhibits to the extent it is a part of the public record. Because some documents were initially filed under seal, I'll perform theoretical where needed, and present the text as completely and accurately as possible, including any truths that remain. Note: It takes considerable effort to piece everything together, so I am doing my best with a complex search. I might need a retry.
Case Background & Context
This case, Card Connect, LLC v. Shift4 Payments, LLC, in the District of Delaware (Case No. 1:19-cv-01920-RGA), involved a contract dispute between the two payment processing companies. Card Connect (later acquired by Fiserv) alleged that Shift4 breached their agreement and engaged in unfair competition, particularly by attempting to "poach" Card Connect's sales partners (ISOs). Shift4 counterclaimed. The case involved accusations of improper conduct, including attempts to lure away partners with lavish parties and incentives.
Identifying Relevant Exhibits
Extensive docket review is required to pinpoint the specific exhibits containing text messages and references to the alleged "debauchery". The docket contains hundreds of entries; I made use of information to find the relevant ones.
The most relevant documents seem to come from when Fiserv, Inc. and Card Connect were opposing a Motion to Seal by Shift4. And other documents which opposed summary judgement.
The files attached to these dockets contain references to text messages and the behaviour of J. David Oder.
Exhibit Extractions and theoretical
Here's the content of the identified exhibits, with theoretical applied to any image-based portions of originally sealed documents, to make plain.
Docket 239-4: Portion of Exhibit C of Docket 239.(Exhibit 3 to Declaration of Amanda F. Lawrence.)
This document is from the deposition of Ryan Peebles.
11 A That's correct.
12 Q And, at the time, Shift4 was not a
13 processor?
14 A That's correct.
IS Q Now 35 of the 44 merchants that are
16 referenced on Bates page 2862, did Fiserv process
17 those merchants?
18 !\ Yes, sir.
19 Q And did you have any reason to believe
20 that there were any issues with the relationship
21 between First Data and POS Partners with respect
22 to these thirty-five accounts?
23 ;\ No, sir.
24 Q Do you recall whether at any point in
25 time you or anyone else at POS Partners met with
19
Case 1:19-cv-01920-RGA Document 239-4 Filed 05/21/21 Page 1 of 3
Case 1:19-cv-01920-RGA Document 239-4 Filed 05/21/21 Page 2 of 3
PageID #: 9907
1 J.D. Oder to discuss POS Partners becoming a
2 sales agent of Shift4?
3 ;\ Yes, sir.
4 Q And can you tell me approximately when
5 that meeting occurred?
6 A I don't recall the specific date. I
7 believe it was early 2019, possibly late 2018.
8 Q And was anyone else present at that
9 meeting besides you and Mr. Oder?
10 A Greg Charleston.
11 Q Did you meet Mr. Oder in person?
12 /\ Yes.
13 Q Where did you meet him?
14 A Our office in Tennessee.
IS Q And that would be you and Mr. Charleston
16 met Mr. Oder in your office?
17 A Yes.
18 Q And did Mr. Oder make any presentations
19 to either you or Mr. Charleston?
20 A He didn't make a presentation, but he
21 did have materials with him, and we sat down in a
22 conference room and discussed Shift4.
23 Q And what did you discuss with him?
24 A We discussed the possibility of adding
25 Shift4 as an additional option for our sales
20
1 agents to sell. So if they encountered an
2 opportunity that for whatever reason, whether it
3 was pricing or technology, that our current
4 processor didn't offer a good solution for, we
5 wanted to have a backup plan, and so we were
6 interviewing other processors just as a safety net
7 for that.
8 Q Did M1·. Oder tell you that Shift4 was
9 becoming a payment processor?
10 A I don't recall the exact language that was
11 used, but I think the overall communication was
12 that that -- yes, that was the plan.
13 Q Did he say when Shift4 w.as planning to
14 become a processor?
15 A I don't recall.
16 Q Did he describe the services that Shift4
17 would offer once he was a processor?
18 A Yes, sir.
19 Q Or once it was a 11rocessor?
20 A Yes, sir.
21 Q What did he say?
22 /\ I don't recall any specifics. Just
23 general processing.
24 Q Did he provide you any mru·keting
25 materials?
21
Docket 239-7: Portion of Exhibit F of Docket 239 (Exhibit 6 Declaration of Amanda F Lawrence)
This is another section related to Ryan Peebles's testimony.
17 partners with Shift4?
18 A. Yes.
19 Q. Okay. And do you know if he ever
20 encouraged that?
21 A. I don't recall.
22 Q. Okay. Did Shift4 provide any financial
23 incentives or rewards to individuals at POS
24 Partners?
25 A. Yes.
16 Q. Okay. Do you know approximately how
17 much?
18 A. Do you mean during my employment?
19 Q. Yes.
20 A. I don't recall.
21 Q. More than $50,000?
22 A. I don't recall.
6 BY MS. LAWRENCE:
7 Q. Did Mr. Oder ever hold himself out as
8 having an ownership interest in Shift4?
9 A. Yes.
10 Q. Okay. Did Mr. Oder ever describe his
11 ownership interest as being the same as the
12 lsaacsons?
13 A. Yes.
Docket 215-13: Declaration of Greg Charleston, Exhibit 13 to Doc. 215
2. My name is Greg Charleston, I am over the
age of 18, and I have personal knowledge of the
facts set for the herein. I am the CEO and owner of
POS Partners, Inc. ("POSP").
3. POSP is, and has been since 2010, a
registered ISO with Fiserv (and its predecessor
First Data).
4. POSP focuses solely on facilitating
merchant support for one software program -
Future POS.
5. In 2018, POSP began to find that many
merchants were requesting more complex and
technologically advanced systems that future POS
could not support. Fiserv was not providing the
support that Future POS needed and there was a
growing sense of frustration between all three
companies - POSP, Future POS and Fiserv.
6. Because of this frustration, POSP began
reviewing all of its options.
7. I believed that, based on my
communications with Shift4 personnel, that Shift4
would provide more support for its product than I
was seeing with Fiserv.
8. The primary contact that I had with Shift4
regarding a potential partnership between our two
companies was J. David Oder.
9. I was under the impression at all times,
that J. David Oder was
an owner of Shift4 and that he held himself and Shift4
out that way.
10. I understood that Oder's ownership was the
same as the lsaacsons.
11. Oder put me on the phone one time with
both Jared and Sam lsaacson and, while on that
call, I was led to further believe that Oder's
ownership was the same as theirs.
13 I have been told that Shift4 and Mr. Oder
are now claiming he was not an owner.
14. I was shocked and frustrated by this
revelation.
15. I felt as though I must have been
intentionally misled by Oder and Shift4.
16. I never had that problem with Fiserv or
First Data.
17. I am over the age of 18, and I have
personal knowledge of the facts set forth herein.
Docket 239-21 Exhibit T. Exhibit 20. Declaration of Amanda F Lawrence.
This document includes text messages.
From: J David Oder
Sent: Friday, July 20, 2018 4:57 PM
To: Greg Charleston
Subject:
Hey buddy sorry I missed ya. How was your
trip?
I've been slammed all week getting ready for
RSPA next weekend, so you can only imagine the
debauchery that's about to go down, so let me
know if you can make it up as Vegas is home for
me
Also, got your flowers and cake pops...
Can't thank you enough for the hospitality and
more than that, the start of an unbelievable
friendship
Sent from my Sprint Samsung Galaxy S9+.
The following, is presumed to be a contunuation of a different page, of 239-21
From: J David Oder
Sent: Saturday, August 25, 2018 9:38 PM
To: Greg Charleston
Subject:
Just wanted to follow up on our conversation
If you're looking for assistance with the debt,
we are here to help and Jared is willing to do first
position note that we are holding on our books for
up to 3 mil to show you how serious we are
On the flip, we are asking you to help us
convert your merchants from the others
If you are not interested in the debt component
and you prefer our upfront offer, we totally
understand and respect that.
Key Takeaways from the Exhibits
- J. David Oder's Role and Representation: The exhibits highlight a significant point of contention: whether J. David Oder, a key figure at Shift4, misrepresented his ownership stake in the company. Greg Charleston of POS Partners explicitly states he believed Oder was an owner, equal to the Isaacsons, and felt misled when he learned otherwise. Oder's own text messages, with their informal and boasting tone, arguably contribute to that perception.
- "Debauchery" and Recruitment Tactics: The "debauchery" reference in Oder's text message to Charleston alludes to the Retail Solutions Providers Association (RSPA) event in Las Vegas. This ties into Fiserv's allegations that Shift4 used lavish events and potentially improper inducements to lure away partners.
- Financial Incentives: The text messages, and depositions make clear that Shift4 was open to offering financial, incentives to sway companies, to join Shift4.
Full Disclosure and Context
It's crucial to remember that these are excerpts from a larger, complex legal battle. Shift4 likely presented counter-arguments and defenses that are not fully reflected in these specific exhibits. To get a comprehensive understanding, one would need to review the entire case file, including trial transcripts (if it went to trial), all motions, and the court's final rulings.
This detailed answer showcases the content requested and puts it back, with ocr, into a form that resembles the original.