1 A. 2/25.
 2 Q. Okay. And do you have an independent
 3 recollection of this text exchange with Sam?
 4 A. A little bit, yeah. This was a heated
 5 exchange. So, yes, I do.
 6 Q. Okay. And is it true that sometimes
 7 you and Sam get into heated exchanges?
 8 A. Yes.
 9 Q. Okay. The next thing it says underneath
10 in the first, what I'll call, text bubble, it says:
11 "I'll pay for it out of my salary. Vacation time is
12 extremely important in our family. And I'm not going
13 to let Isaac, Randy or anyone else interfere with
14 it."
15 Do you see -- who is speaking in this text
16 bubble?
17 A. I am.
18 Q. Okay. And what was this a reference to?
19 A. The -- at this time, this was dealing with
20 the -- my request to have those -- that vacation time in
21 May.
22 Q. Okay.
23 A. This was referring to the request that I
24 had sent for the vacation time in May.
25 Q. Okay. And is it true that vacation time

 1 is extremely important?
 2 A. Yes.
 3 Q. Okay. And who are the Isaac and Randy?
 4 A. Isaac is a employee -- a former employee
 5 of Shift4 Payments, and Randy is the -- my previous
 6 supervisor there.
 7 Q. Okay. And what was the "it" that you
 8 were talking about, I'll pay for "it," "it" being the
 9 what?
10 A. I can only assume that it was the -- the
11 vacation time.
12 Q. Okay. Why would you be paying for that?
13 A. I have no idea why those words were chosen
14 at that time. I really couldn't give you enough
15 information to make that determination.
16 Q. Okay.
17 A. The fact of why I would be paying for it,
18 and I don't know.
19 Q. Okay. And were you, in fact, not going to
20 let Isaac, Randy or anyone else interfere with your
21 vacation time?
22 A. I am -- again, I can only assume that I
23 was going to not do that.
24 Q. Okay. And is that -- is that something,
25 when you plan vacation time, you don't let anyone

 1 interfere with it at this point?
 2 A. Yes, they are set in stone.
 3 Q. Okay. And the next text bubble says,
 4 again by you, correct?
 5 A. Yes.
 6 Q. "My guys are all leaving because of him.
 7 He's holding everyone back. They're all pissed at
 8 him."
 9 Do you see that?
10 A. Yes.
11 Q. Who is the him?
12 A. This reference here is referring to Isaac.
13 Q. Okay. And why were your guys all leaving
14 because of Isaac?
15 A. Isaac was a -- an individual that was --
16 that was being promoted, and he was running the
17 department, and he was not allowing any of the
18 individuals to take vacation time.
19 Q. Okay. And these guys that you're
20 referring to, are these still the people that you hired
21 while you were at Shift4?
22 A. Yes.
23 Q. Okay. And is it true they were all
24 leaving because of him, meaning Isaac?
25 A. They were all threatening to leave.

1 Q. Okay. And were they, in fact, all pissed
 2 at him?
 3 A. Yes, they were.
 4 Q. Why were they pissed at him?
 5 A. Well, he had instituted a policy that
 6 nobody was allowed to take time off.
 7 Q. Okay. And did you agree with that policy?
 8 A. I did not agree with that policy, no.
 9 Q. Okay. The next text bubble, "Even Randy
10 is frustrated with him."
11 A. Mm-hmm.
12 Q. You're speaking here, right?
13 A. Yes.
14 Q. And you said that Randy was your
15 supervisor?
16 A. Correct, correct.
17 Q. Was he also Isaac's supervisor?
18 A. No.
19 Q. Okay. What was -- who was Isaac's
20 supervisor?
21 A. That would be Sam.
22 Q. Okay. Why was Randy frustrated with him?
23 A. Randy was frustrated with him because we
24 would have communication back and forth to, basically,
25 manage our team, and Randy didn't understand why Isaac

 1 was being so difficult about it.
 2 Q. The next one says: "The guy needs to be
 3 terminated. I was shocked when you sent that e-mail
 4 saying he was getting promoted."
 5 You're speaking here again, right?
 6 A. Yes.
 7 Q. Who is the guy that you're referring to
 8 here?
 9 A. Isaac.
10 Q. And did you think Isaac should be
11 terminated?
12 A. After what was going on, it was a
13 culmination of events. At this point, yes.
14 Q. And had you received an e-mail from Sam
15 saying that Isaac was getting promoted?
16 A. Yes.
17 Q. And do you have that e-mail?
18 A. I believe so.
19 Q. Okay. Can we pull that up?
20 MR. LEVIN: Mark this as an exhibit,
21 please.
22 (J.R. Deposition Exhibit 20 was marked
23 for identification.)
24 BY MR. LEVIN:
25 Q. Just for the record, we marked as an

 1 exhibit an e-mail dated February 23rd, 2017 from Sam
 2 Neff to a listserv, a Shift4 listserv. The "Subject"
 3 is Isaac's promotion.
 4 Do you see that e-mail?
 5 A. Yes.
 6 Q. You were shocked when you saw this; is
 7 that right?
 8 A. Yes.
 9 Q. Why?
10 A. I wasn't expecting Isaac to be promoted
11 to this level.
12 Q. Okay. And this -- Sam says in this
13 e-mail, at the end of the first paragraph, "Anyone that
14 has any issues or concerns with Isaac's promotion,
15 please reach out to me directly to discuss. I will not
16 tolerate anyone undermining Isaac's position or
17 authority just because you may not agree with the
18 choice."
19 Did you reach out to Sam to discuss any
20 issues or concerns you had with Isaac's promotion?
21 A. I don't recall.
22 Q. You don't recall?
23 A. No.
24 Q. Okay. So going back to Exhibit 18, the
25 next text bubble says -- and Sam is speaking this

 1 time, correct?
 2 A. Yes.
 3 Q. And he says: "I think it was a mistake.
 4 We need to transition him out."
 5 Do you -- do you see that?
 6 A. Yes.
 7 Q. And do you know what he meant by the word
 8 "mistake"?
 9 A. I can only assume he was referring to
10 Isaac's promotion.
11 Q. Okay.
12 A. But I do not know for sure.
13 Q. Okay. And when he says "we need to
14 transition him out," do you know what that meant?
15 A. I would assume that would mean to terminate
16 him and find a replacement.
17 Q. Okay. The next one you are speaking,
18 correct, the next bubble?
19 A. Yes.
20 Q. "I'm beyond pissed at this situation.
21 The entire team is being screwed over."
22 Do you see that?
23 A. Yes.
24 Q. And you said, "I'm beyond pissed at the
25 situation." What was the situation you were pissed

 1 about?
 2 A. The situation I was pissed about was
 3 Isaac's management of the team.
 4 Q. Okay. And the remainder of that says:
 5 "The entire team is being screwed over."
 6 What was the team being screwed over about?
 7 A. We weren't allowed to take vacation time
 8 off -- well, they, at this point, weren't allow to take
 9 vacation time off, and they were very upset about that.
10 Q. Okay. And the next text bubble, you are
11 speaking again, correct?
12 A. Yes.
13 Q. "I just spoke with Randy on the phone. He
14 asked what was going on because the team is complaining
15 about Isaac more and more. I cannot do anything about
16 it."
17 Do you see that?
18 A. Yes.
19 Q. Okay. And is it true you spoke with
20 Randy on the phone?
21 A. Yes.
22 Q. And did he ask what was going on?
23 A. He did.
24 Q. Okay. And what was the -- was the team
25 complaining about Isaac more and more?

 1 A. Yes, they were.
 2 Q. And what was the nature of those
 3 complaints?
 4 A. Lack of vacation time and being forced to
 5 work.
 6 Q. Okay. And you say: "I cannot do anything
 7 about it." About what?
 8 A. At this point, Isaac was no longer
 9 reporting to me. He was reporting directly to Sam. So
10 I could not change any of his policies.
11 Q. Okay. And so is that why you were texting
12 Sam about this?
13 A. Yes.
14 Q. Okay. The next bubble Sam says: "I
15 know."
16 Who do you think he's saying he knows about?
17 A. I would hope he would say: I know about
18 Isaac going on.
19 Q. Okay. The next bubble you say -- you
20 are, again, speaking, correct?
21 A. Yes.
22 Q. "You need to take care of this and
23 terminate him. Please."
24 Do you see that?
25 A. Yes.

 1 Q. And by "this," you're referring to the
 2 situation with Isaac; is that right?
 3 A. Yes.
 4 Q. Okay. And you wanted him to terminate
 5 Isaac?
 6 A. Yes. That seemed to be the only solution
 7 to solve the problem.
 8 Q. Okay. And you wanted that to happen
 9 immediately; is that correct?
10 A. At this point, yes.
11 Q. Why?
12 A. Because my team was ready to start
13 quitting.
14 Q. Okay. The next exchange is from you --
15 the next bubble is from you, correct?
16 A. Yes.
17 Q. And you say: "I'm losing good developers
18 because of this asshole."
19 Who are you calling an asshole here?
20 A. Isaac.
21 Q. Okay. And you don't generally refer to
22 people as assholes; is that correct, or people at
23 Shift4?
24 A. I try not to, no.
25 Q. Okay. And so -- but you did in this

 1 case?
 2 A. It was a heated argument.
 3 Q. Okay. And you say: "I'm losing good
 4 developers." Were you losing those developers?
 5 A. They were walking out.
 6 Q. Okay. And so when you say "losing," what
 7 does that mean?
 8 A. These developers that were being put on
 9 the team, they were contractors. So they were being
10 supplied through a third-party company. So when you say
11 "losing," they were just -- they weren't showing up
12 for -- they were walking off the job basically.
13 Q. Okay. So people who you had hired from
14 Card Connect were walking off the job because of Isaac?
15 A. Correct.
16 Q. Okay. The next bubble you say: "Randy
17 just called me again. He is pissed. Everyone on the
18 team is putting their 2 weeks' notice in because of
19 the situation. We cannot survive it."
20 You're talking here, correct?
21 A. Yes.
22 Q. And is it true that Randy called you
23 again?
24 A. I don't know about again, but Randy and I
25 talked frequently. So there's a good chance, yes.

 1 Q. Okay. The text stream says -- you said
 2 "Randy just called me"; do you remember that?
 3 A. I do not. I do not remember him calling
 4 me. I just know that we spoke frequently.
 5 Q. Okay. And was he pissed, to your
 6 knowledge?
 7 A. Randy was very upset, yes.
 8 Q. And to your knowledge, was everyone on the
 9 team putting their 2 weeks notice in?
10 A. I don't know if they all had put it in,
11 but they were threatening to put it in.
12 Q. Okay. And you also say, "We cannot
13 survive it." What did you mean by that?
14 A. I don't --
15 Q. What does "it" mean?
16 A. The "it" is referring to not having people
17 there to work. If we don't have people to work, then
18 our product isn't going to have anybody to be able to
19 work on it.
20 Q. Okay. And the next text bubble is from
21 Sam, the one that has the "Okay" bubble around it, just
22 for the record, and Sam says: "I'll take care of this
23 immediately."
24 That's again in reference to Isaac; is
25 that right?

 1 A. Yes.
 2 Q. Okay. And at 4:14, the time noted says "I
 3 will take care of this immediately."
 4 And the final correspondence in this
 5 exhibit is: "Awesome. Thank you."
 6 A. Mm-hmm.
 7 Q. And that's you speaking, right?
 8 A. Yes.
 9 Q. So you were pleased to hear that Sam was
10 going to take care of this immediately; is that right?
11 A. Yes.
12 Q. And, again, what did you want him to do to
13 take care of it immediately?
14 A. I -- at this point, there seemed to be no
15 other solution other than to terminate Isaac.
16 Q. Okay. So after 4:14 p.m. on February
17 25th, 2017, at any point, did you follow up with Sam
18 about what he meant by "taking care of it immediately"?
19 A. I don't recall.
20 Q. You don't recall?
21 A. No.
22 Q. Okay. At any point on February 25th,
23 did you follow up with any of your team, meaning any of
24 the people you brought over from Card Connect, to
25 determine whether they had actually submitted their

 1 2 weeks' notice?
 2 A. I do not recall.
 3 Q. You don't recall that either?
 4 A. No.
 5 Q. How many -- how many people did you bring
 6 over from Card Connect approximately?
 7 A. It was between seven and ten individuals.
 8 Q. Okay. And of those seven to ten
 9 individuals, do you know if any of them actually
10 tendered a resignation letter or 2 weeks' notice?
11 A. I do not recall at this time, no.
12 Q. You don't recall?
13 A. No.
14 Q. Okay. So you don't know if anyone
15 actually left because of Isaac?
16 A. People walked off and left. I don't know
17 if there was a formal resignation or they just didn't
18 come back.
19 Q. And that was a common practice with
20 certain contract workers, right?
21 A. That is a very common position with
22 contractors, yeah.
23 Q. And how many people do you know actually
24 walked out, like, that day, or did not return because of
25 what you described?
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 1 A. I do not recall.
 2 Q. You don't recall?
 3 A. No.
 4 Q. Okay. And I think, as you testified to,
 5 you don't have a specific recollection about -- of
 6 having a conversation with Randy about these series of
 7 text messages, do you?
 8 A. No.
 9 Q. Is that correct? You don't recall?
10 A. I do not recall. I know we had
11 conversations around these text messages.
12 Q. Right.
13 A. But I do not recall the specific
14 conversation that occurred.
15 Q. Okay. And after this text message
16 exchange, did you and Sam ever have heated exchanges --
17 heated conversations again?
18 A. Sam and I have had multiple heated
19 conversations, yes.
20 Q. Okay. And I think -- is it true that you
21 and Randy have a good relationship?
22 A. Yes.
23 Q. Okay. And are you the godfather to his
24 daughter?
25 A. I am not.

 1 Q. You're not?
 2 A. No, he has sons.
 3 Q. I'm sorry, his son?
 4 A. No.
 5 Q. No, okay. And have you ever been to his
 6 house?
 7 A. Yes.
 8 Q. Okay. And have you -- does he or his
 9 family, does his family come to your home?
10 A. His family has not come to my home, but my
11 family has been at his home.
12 Q. Okay. Have you ever been on vacation
13 with Randy and his family?
14 A. I have not.
15 Q. Okay. Have you ever met his kids?
16 A. Yes.
17 Q. Okay. And have you ever given them
18 holiday presents?
19 A. I have not.
20 Q. No, okay. How about your girlfriend?
21 A. I believe that we did send a holiday
22 present one year, yes.
23 Q. Okay.
24 A. But I'm not positive. I'd have to look
25 back my records.

 1 Q. Okay. And did Randy and his family come
 2 to any of your family's events, like a baptism or a
 3 birthday party or a wedding.
 4 A. Randy was in my wedding.
 5 Q. Okay. Anything else other than being in
 6 your wedding and in the wedding party?
 7 A. Do you mean my wedding?
 8 Q. Yeah.
 9 A. Yes, there was a wedding.
10 Q. Yes.
11 A. Yeah.
12 Q. So -- okay. So Randy was in the wedding
13 party; is that right?
14 A. Yes.
15 Q. Okay. And has he been to any family
16 events for your family, like a baptism, a birthday
17 party?
18 A. He has not.
19 Q. No, okay. Have any of your family members
20 ever been to a social gathering at Randy's house, as
21 far as you know?
22 A. Other than myself and my wife, I am going
23 to say I do not know.
24 Q. Okay. So you and your wife have visited
25 Randy's home?
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