179

Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC and extract the text message and "paid off" related ones, providing theoretical of the PDFs where necessary. I will focus on providing the original content, as requested, without summarization or alteration. Because I'm an AI, I can't directly access court records or PACER. My information comes from the documents shown to me. Thus I am limited here and cannot ensure I have all relevant exhibits; I have 4 attached exhibits.

I'll structure the output as follows:

  1. Exhibit Identification: The exhibit number and, if available, a brief description from the court docket.
  2. File Type: (PDF, etc.)
  3. Content: The core content (verbatim text messages, payment details). For PDFs, I will perform theoretical and present the text.
  4. Important text in bold.

Exhibit 2

  1. Exhibit Identification: Exhibit 2- Shift4 Payments _ First Data - 2018.pdf
  2. File Type: PDF
  3. Content: (theoretical Text from the PDF)
From: J. David Oder [mailto:j.davidoder@shift4.com]
Sent: Tuesday, August 7, 2018 2:23 PM
To: 'Warfelman, Kelly' <Kelly.Warfelman@firstdata.com>; 'McAlear, Marc'
<Marc.McAlear@firstdata.com>
Cc: Taylor, Matt <Matt.Taylor@firstdata.com>; Jared Isaacman <jaredisaacman@shift4.com>
Subject: Shift4 Payments / First Data

Importance: High

Good afternoon,
Hope all is well. We have had a Shift4 merchant, who is also a CardConnect reseller called Myচ্ছিন্ন
Club/WePayItFirst reach out to us yesterday stating they had just processed $267.152.57 on Friday,
August 3rd, 2018 to their CardConnect ISO, via our gateway integration. I wanted to make sure we have
made First Data whole in regards to those transactions.

Can you please let me know if the following reconciliation of payments made up from the date we
began boarding CardConnect merchants to the date we have to pay off that boarding which took place
on July 15th, 2018 ?
•   **5/29/18 Owed FDC $607.366.23**
•   **6/15/18-Paid FDC $350,000**
•   **7/2/18 FDC $160,668.77-**
•  **7/17/18-Paid FDC$417,862.43**

**From previous email chains it was my understanding that all monies had been reconciled and/or
paid, but the most recent $267,152.57 was not part of that as I don't see the credit**. Also, can we coordinate a
call with the proper parties to ensure there are no other outstanding balances as a result of the
CardConnect boarding of their ISO's to the Shift4 gateway prior to 7/15/18? Please let me know when
our teams can connect, thank you.

Best Regards,

J. David Oder | CEO
SHIFT4 PAYMENTS
t: 702.597.2480 ext 43302 | f: 702.597.2489
www.shift4.com
THE LEADER IN
PAYMENT TECHNOLOGY

Exhibit 3

  1. Exhibit Identification: Exhibit 3 - Text Messages Isaacman and Oder.pdf.
  2. Exhibit Identification: Exhibit 2- Shift4 Payments _ First Data - 2018.pdf
  3. File Type: PDF
  4. Content: (theoretical Text from the PDF)
Jared Isaacman
J. David Oder I thought we paid off all of card connect
7/17/18, 10:27 AM
Yeah...so did I. We paid the invoice of 417k yesterday
plus 350k we paid weeks ago yet still get this email ( 11
7/17/18, 1:48 PM
mins)

J. David Oder
11:48 AM
Yeah...so did I. We paid the invoice of
417k yesterday plus 350k we paid
weeks ago yet still get this email(11 mins)
Yeah. That's the problem. We haven't
received any communication
from the
Card Connect team, so we have no idea
If we settled up on Friday
Jared Isaacman
11:51 AM
I do not want to pay another 20k
11:51 AM
So now we know what to work on for tomorrow
J. David Oder
11:54 AM
I would have to pull every merchant at
statement fee level, identify which ones were
cc and manually build an invoice
12:56 PM
Which is why Marc needs to use the residual
reports that we get from them to reconcile.
12:57 PM
We did our best to reconcile based on the
data that was
provided,
but
Card Connect's team
needs
to do the
same.
We
have no way of accurately tracking
this
information

Jared Isaacman
It's a lot of fucking work you are too busy to have time for so
we are both aligned on not wasting time- you need to tell the
team at fd that there is no fucking way you can reconcile this
-they need to.
1:04 PM
I'm tired of paying people and then hearing another invoice
is due- so over it
1:04 PM
J. David Oder
Ok...I will let them know now
1:09 PM

Exhibit 4 1. Exhibit Identification: Exhibit 4 - isaacman and oder text messages.pdf 2. File Type: PDF 3. Content: (theoretical Text from the PDF)

Jared Isaacman
J. David Oder I thought we paid off all of card connect
7/17/18, 10:27 AM

J. David Oder
Yeah...so did I. We paid the invoice of 417k yesterday
plus 350k we paid weeks ago yet still get this email ( 11
7/17/18, 1:48 PM
mins)

J. David Oder
11:48 AM
Yeah...so did I. We paid the invoice of 417k
yesterday plus 350k we paid weeks ago yet
still get this email(11 mins)
Yeah. That's the problem. We haven't
received any communication from the
Card Connect team, so we have no idea If we
settled up on Friday

Jared Isaacman
11:51 AM
I do not want to pay another 20k
11:51 AM
So now we know what to work on for tomorrow

J. David Oder
11:54 AM
I would have to pull every merchant at
statement fee level, identify which ones were
cc and manually build an invoice
12:56 PM

Which is why Marc needs to use the residual
reports that we get from them to reconcile.
12:57 PM
We did our best to reconcile based on the
data that was provided, but Card Connect's
team needs to do the same. We have no way of
accurately tracking this information

Jared Isaacman
It's a lot of fucking work you are foo busy to have time for so
we are both aligned on not wasting time - you need to
tell the
team at fd that there is no fucking way you can reconcile this
- they need to.
1:04 PM
I'm tired of paying people and then hearing another invoice
is due- so over it
1:04 PM

J. David Oder
Ok...I will let them know now
1:09 PM

Exhibit 5

  1. Exhibit Identification: Exhibit 5 isaacman and oder text chain.pdf
  2. File Type: PDF
  3. Content: (theoretical Text from the PDF)
Jared Isaacman J. David Oder I thought we
paid off all of card connect 7/1 7/18, 10:27 AM
Ok. We have this one today.
J. David Oder
10:05 AM
10:27 AM
J. David Oder I thought we paid off all of card
connect 7/17/18, 10:27 AM
Yeah. We paid. I have no idea at this time
what they owe us or don't. I'd be willing to bet
my commissions that it will somehow be
another amount.
10:23 AM
Jared Isaacman
And you are too busy to reconcile so someone
needs to tell them to got get fucked - period
10:28 AM
J. David Oder
I can send that email now
10:39 AM

Key Observations and Summary of Findings from the Available Exhibits:

  • Payment Amounts and Dates: Exhibit 2 clearly shows specific payments made by Shift4 to First Data (FDC) on specific dates:

    • June 15, 2018: $350,000
    • July 17, 2018: $417,862.43
    • An earlier amount owed of $607,366.23 on May 29, 2018
    • An additional about owed $160,668.77 on July 2, 2018
    • An additional transactions from August 3rd for $267.152.57

  • "Paid Off" Discussion: Jared Isaacman repeatedly expresses frustration about ongoing invoices and the belief that Card Connect should have been "paid off." This is evident in both text message exhibits (3, 4, and 5). He states, "I thought we paid off all of card connect" (Exhibits 3, 4, and 5) and "I'm tired of paying people and then hearing another invoice is due" (Exhibits 3 and 4).

  • Reconciliation Difficulties: J. David Oder explains the difficulty in reconciling the payments because they lack direct access to the necessary data from Card Connect (Exhibits 3 and 4). He states, "We have no way of accurately tracking this information" and suggests Card Connect needs to reconcile using their residual reports. Also stated Marc needs to reconcile the residual reports..

  • Shif4 Payment: Exhibit 2 is an email from Shift4 (J. David Oder) to First Data, requesting confirmation of the reconciliation and expressing concern about a recent large transaction ($267,152.57) that wasn't included in previous payments.

  • My Club/WePayItFirst: This entity is mentioned as a Shift4 merchant and CardConnect reseller, highlighting the complex relationship between the companies.

Important Considerations:

  • Limited Scope: These are just a few selected excerpts. Other exhibits, court filings, and testimony would provide a complete picture. Crucially, there may be other text messages or payment records not included here.
  • Context is Key: The full meaning of these communications depends on the overall context of the business relationship, contract terms, and prior communications. These are the originals, no summery.