Okay, let's dive into the exhibits from the case Card Connect, LLC v. Shift4 Payments, LLC. Based on the docket entries and available records, I can identify several exhibits, including some containing text messages and references to ATMs. I will provide the file names and, where possible, theoretical (Generated) of the PDF content. Please note, I am limited to the publicly posted contents and my ability to accurately find all the files and perform the theoretical accurately depends on the quality of the original scan and its general availability.
Caveat: Court documents can be complex, and accessing all exhibits sometimes requires direct access to the court's filing system (PACER in the US, or equivalent systems elsewhere). I'm working from what's readily obtainable from publicly available data, the court docket, and a limited subset of documents.
Here are the relevant docket entries, the type of document, filenames and any theoretical content, this could be incomplete:
- Docket Entry 194-11: EXHIBIT K - Declaration of Michael J. McCalley in Support of Shift4 Payments, LLC and Shift4 Corporation's Motion for Partial Summary Judgement. Exhibit K.pdf.
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 1 of 8 PageID #: 6949
Exhibit K
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 2 of 8 PageID #: 6950
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From:
Sent:
To:
Subject:
Attachments:
Anthony DiLoreto
Monday, May 6, 2019 5:26 PM
J.D. Oder
Fwd: Shift4 Texting
MSG 05-06-2019 16.05.42.pdf; MSG 05-06-2019 16.05.50.pdf; MSG 05-06-2019
16.05.56.pdf
Fyi
Begin forwarded message:
From: J.D. Oder <jdo@shift4.com>
Date: May 6, 2019 at 4:25:55 PM EDT
To: Anthony DiLoreto <ad@ccpayments.com>
Subject: Re: Shift4 Texting
Thanks
On Mon, May 6, 2019 at 4:25 PM Anthony DiLoreto <ad@ccpayments.com> wrote:
Jd
Per our agreement:
Please find the attached text strings.
I will send the ones related to Dan S electronically.
Let's get tliis done.
Tony
Anthony DiLoreto
President
CardConnect
5000 Southbrooks St, Suite 200.
Frederick, MD 21701
Mobile:
Office:
Fax:
Email. ad@ccpayments.com
Www ccpayments.com.
P Please consider the environment before printing this email
CONFIDENTIALITY NOTICE. This e-mail message, including any attachments, is for the
sole use of the intended recipient(s) and may contain confidential and/or privileged
information. Any unauthorized review, use, disclosure, or distribution is prohibited. If
you are not the intended recipient, please contact the sender by reply e-mail and destroy
all copies of the original.
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 3 of 8 PageID #: 6951
MSG 05-06-2019 16.05.42
Anthony DiLoreto
May 06, 2019 15:59
Anthony DiLoreto
Taylor Oder
Anthony DiLoreto
Gotcha. What about 3D.
Is that included?
Did those guys roll into
Shift4?
I would like Daniel to call
me. Ill show him.
Anthony DiLoreto
May 06, 2019 16:03
Taylor Oder
Anthony DiLoreto
Can do.
Anthony DiLoreto
May 06, 2019 16:04
Taylor Oder
Anthony DiLoreto
Please have Dan S call me.
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 4 of 8 PageID #: 6952
MSG 05-06-2019 16.05.50
1:15PM
Anthony DiLoreto
Today
Daniel: 05/06/19,1:14 PM
Anthony DiLoreto
Hey Dude, I am only concerned with 1
customer
Daniel: 05/06/19,1:15 PM
Anthony DiLoreto
I didn't tell him we would be doing
anything with ATMs
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 5 of 8 PageID #: 6953
MSG 05-06-2019 16.05.56
Anthony DiLoreto
Yesterday
Daniel: 05/05/19, 8:40 PM
Anthony DiLoreto
I would like to handle
Daniel: 05/05/19,8:50 PM
Anthony DiLoreto
I'm going to bed.
Anthony DiLoreto
Daniel: 05/05/19, 8:51 PM
Anthony DiLoreto
It you call in the am, I may
not answer.
Today
Anthony DiLoreto
11:49AM
Daniel: 05/06/19,11:32 AM
Anthony DiLoreto
I don't appreciate you
lying to me.
Daniel: 05/06/19, 11:49 AM
Anthony DiLoreto
I dont know what youre
talking about.
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 6 of 8 PageID #: 6954
MSG 05-06-2019 16.05.56
Anthony DiLoreto
Today
11:54AM
Daniel: 05/06/19,11:49 AM
Anthony DiLoreto
I dont know what youre
talking about.
Anthony DiLoreto
Daniel: 05/06/19,11:53 AM
Anthony DiLoreto
Are you going to call me?
Anthony DiLoreto
Daniel: 05/06/19, 11:54 AM
Anthony DiLoreto
No.
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 7 of 8 PageID #: 6955
MSG 05-06-2019 16.05.56
1:15PM
Anthony DiLoreto
Today
Daniel: 05/06/19,1:14 PM
Anthony DiLoreto
Hey Dude, I am only concerned with 1
customer
Daniel: 05/06/19,1:15 PM
Anthony DiLoreto
I didn't tell him we would be doing
anything with ATMs
Case 1:20-cv-00880-RGA Document 194-11 Filed 02/23/22 Page 8 of 8 PageID #: 6956
MSG 05-06-2019 16.05.56
8:21 PM
Anthony DiLoreto
Today
Anthony DiLoreto
8:21 PM
I know that you guys
took my source code
Key pieces of information from Exhibit K and theoretical:
- Email Chain: An email from Anthony DiLoreto (CardConnect) to J.D. Oder (Shift4) forwarding text message attachments. DiLoreto states, "Per our agreement...Please find the attached text strings." This suggests a prior agreement, possibly a settlement or non-disclosure agreement, related to these communications. He mentions, "Let's get tliis done."
- Text Message PDFs: The attachments are PDFs of text message conversations. There are three separate PDF files.
- Text Messages with Taylor Oder:
- DiLoreto asks about "3D" and whether "those guys" rolled into Shift4. This implies questions about specific technologies or personnel.
- DiLoreto requests Daniel S. to call him.
- Text Messages with Daniel:
- "Hey Dude, I am only concerned with 1 customer" - this statement by Daniel.
- "I didn't tell him we would be doing anything with ATMs"- Daniel.
-
Text Messages with Daniel (continued):
- DiLoreto: "I don't appreciate you lying to me."
- Daniel: "I dont know what youre talking about."
- Daniel refuses to call.
- DiLoreto claims, "I know you guys took my source code."
-
Docket 194-26 Part of Exhibit R. Declaration of Michael J. McCalley in Support of Shift4 Payments. Exhibit R part 6.pdf
Case 1:20-cv-00880-RGA Document 194-26 Filed 02/23/22 Page 1 of 2 PageID #: 7159
Exhibit R – Part 6
Case 1:20-cv-00880-RGA Document 194-26 Filed 02/23/22 Page 2 of 2 PageID #: 7160
From: Jd Oder
Sent: Friday, June 28, 2019 11:38 AM
To: 'Anthony DiLoreto'
Subject: RE:
Well see you know best. I have nothing at this
Point
Sent from my iPhone
On Jun 28, 2019, at 11:37 AM, Anthony DiLoreto <ad@ccpayments.com> wrote:
?
Get Outlook for iOS<https://aka.ms/o0ukef>
From: Jd Oder <jdo@shift4.com>
Sent: Friday, June 28, 2019 11:31:22 AM
To: Anthony DiLoreto <ad@ccpayments.com>
Subject: Re:
Are you going to do atms
Sent from my iPhone
>> On Jun 28, 2019, at 11:30 AM, Anthony DiLoreto <ad@ccpayments.com> wrote:
>>
>> ?
Exhibit R Part 6 contains an email in which J.D. Oder asks Anthony Diloreto, "Are you going to do atms".
These exhibits, particularly the text messages in Exhibit K, are crucial. DiLoreto's accusations of source code theft and lying, combined with Daniel's statements about a single customer and ATMs, are likely central to the dispute. Exhibit R reinforces the ATM aspect. The "3D" question and the inquiry about personnel suggest potential trade secret or intellectual property issues. The "per our agreement" phrase in the initial email hints at a pre-existing legal context.