*   **Description:**  Contains deposition transcripts. While I haven't found "fuselage tail" *verbatim* in the currently accessible parts of these transcripts, there's discussion about aircraft maintenance and inspections.  The context is crucial because it places the *Exhibit 52* email within the broader business activities. Jared Isaacman's involvement in aircraft matters is directly relevant.

From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:

[Redacted]
Wednesday, December 13, 2017 8:38 AM
[Redacted]
[Redacted]
RE: The NERF
High

The NERF.x1sx

Thanks [Redacted]
| know that; however, the reseller will most likely want to know why we are imposing a
fee upon their merchants.
Can | have a rational/reasonable explanation so | can be effective when they will
undoubtedly call me?
Best Regards,

[Redacted]

From: [Redacted]
Sent: Wednesday, December 13, 2017 8:35 AM
To: [Redacted]
Cc: [Redacted]
Subject: The NERF
Importance: High

AHached is the spreadsheet that breaks down the NERF by reseller and by MID. Please note that
some of our resellers have multiple MIDs.

Some totals include merchants that may have been tumed off or closed.

[Redacted]

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain
confidential and/or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution
or use of this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by
telephone or retum e-mail and delete the original transmission and its attachments without reading or saving in any manner.
Case: 1:22-cv-00981-JNP-DAO Doc #f 88 Filed: 04/05/24 Page: 5 of 83 PageID #: 2917

Text Message

[Redacted]

yesterday

Hey [Redacted], its [Redacted]. I just
left you a voicemail. [Redacted] is asking
about the NERF for his merchants. I
told him you were reaching out to him
however | wanted to verify if that was
true. This is my cell you can call or text
me anytime,

[Redacted] PM

Heard.

[Redacted] PM

ok ty
[Redacted] PM

12/13/2017 8:54:00 AM
[Redacted] PM

He called me and emailed me
about this yesterday and again this
morning. | don't think he is going to
let it go unti! he speaks with you.

[Redacted] PM
I'm running reports.
I'll call him tonight

[Redacted] PM

Case: 1:22-cv-00981-JNP-DAO Doc #: 88 Filed: 04/05/24 Page: 7 of 83 PageID #: 2919

Text Message

 [Redacted]

yesterday

Hey [Redacted], its [Redacted]. I just
left you a voicemail. [Redacted] is asking
about the NERF for his merchants. I
told him you were reaching out to him
however | wanted to verify if that was
true. This is my cell you can call or text
me anytime.

[Redacted] PM

Heard.

[Redacted] PM

ok ty
[Redacted]
12/13/2017 8:54:00 AM
[Redacted] PM

He called me and emailed me
about this yesterday and again this
morning. | don't think he is going to
let it go unti! he speaks with you.
[Redacted] PM
I'm running reports.
{Redacted] call him tonight
[Redacted] PM

Case: 1:22-cv-00981-JNP-DAO Doc #: 90 Filed: 04/08/24 Page: 69 of 326 PagelD #: 3684

From: J.D. Oder <
Sent: Friday, March 29, 2019 11:35 PM
To: Taylor LaGroue
Cc: Randy Miskanic; Nate Hirshberg; T.J. Oder; Jered Isaacman
Subject: Re: CardConnect

Taylor,

Thanks. We don't use Verifone, and First Data is getting ripped out.

We have one client live on Card Connect/Fiserv and have lost the rest.

We need to do the same here.

J.D.

Sent from my iPhone

On Mar 29, 2019, at 11:19 PM, Taylor LaGroue <tlagroue@cardconnect.com> wrote:

Thanks J.D.

I know we don't handle Skywire, and that's fine.

From the sounds of it, you're using either Silex for Verifone, or First Data (now Fiserv)
for 360 payments, correct?

What issues are you running into with them, may I ask?

I know Shift4, and was formally Lighthouse.

I'm happy to see how we can align to be the best technology for you moving forward.

Taylor LaGroue I Director, ISV Sales Support

Taylor LaGroue | Director, ISV Sales Support.

Direct: (484) 588-5567

Mobile: (484) 753-1333

tlagroue@cardconnect.com

<image001.png>

From: J.D. Oder <j.d.oder@shift4.com>
Sent: Friday, March 29, 2019 10:9:42 PM
To: Taylor LaGroue <tlagroue@cardconnect.com>
Cc: Randy Miskanic <rmiskanic@cardconnect.com>; Nate Hirshberg
<nhirshberg@cardconnect.com>; T.J. Oder <t.j.oder@shift4.com>; Jered Isaacman
<jered.isaacman@shift4.com>
Subject: Re: CardConnect

Taylor,

Yes. We are the software provider and have an existing customer base.

Not for Skywire. For payments. Which we provide today.

We acquired a company that has used Silex or someone for Verifone and First Data/Card
Connect for integration with a product 360 payments.

We want to replace it all. I believe they are using Card Connect for all but an older,
custom gateway on 360.

J.D.

Sent from my iPhone

On Mar 29, 2019, at 4:43 PM, Taylor LaGroue <tlagroue@cardconnect.com> wrote:

Hi J.D.,

My understanding with the prior conversation with Randy a few weeks back was you
were looking for a payment solution for the Skywire product, and therefore that's
what the call today was for. Is that not the case, and you're an ISV/VAR?

Taylor LaGroue I Director, ISV Sales Support

CardConnect I 717Constitution Drive, Suite 100 I Exton, PA 19341

Direct:(484)588-5567

Mobile: (484) 753-1333

tlagroue@cardconnect.com

<image002.png>

From: Randy Miskanic
Sent: Friday, March 29, 2019 10:30 AM
To: Taylor LaGroue <tlagroue@cardconnect.com>; Nate Hirshberg
<nhirshberg@cardconnect.com>
Subject: CardConnect

Team -

As a follow up to the initial calls with Shift 4 (Jered Isaacman), Taylor, please see
below distribution list and subject line for your call today at 1:30pm EST with JD
and team.

Randy

Distribution List:

Jered Isaacman (Shift4)
J.D. Oder(Shift4)
T.J. Oder (Shift4)

Sent from my iPhone

Randy Miskanic I Director, ISV Sales
CardConnect I 717 Constitution Drive, Suite 100 I Exton, PA 19341
Direct: (484) 588-5544
Mobile: (215) 353-5772
rmiskanic@cardconnect.com

<image003.png>
Begin forwarded message:

From: "J.D. Oder" <j.d.oder@shift4.com>
Date: March 29, 2019 at 4:43:22 PM EDT

From: J.D. Oder
Sent: Monday, March 11, 2019 4:44 PM
To: Jered Isaacman; Michael Isaacman
Subject: Re: Meeting with CardConnect

No. He called me 2 mins ago.

Sent from my iPhone

On Mar 11, 2019, at 2:20 PM, Jered Isaacman <jered.isaacman@shift4.com> wrote:

Did Randy call yet?

Sent from my iPhone

On Mar 11, 2019, at 1:28 PM, Michael Isaacman <misaacman@shift4.com> wrote:

I did not receive it

L-39 Certification
STATE OF NEVADA     )
                              ) ss.
COUNTY OF CLARK      )
     JENNIFER HAFNER, being first duly sworn, deposes and says:
That I am over the age of eighteen years and not a party to, nor
interested in, the within-entitled action; that on August 1, 2019, at the
request of PISANELLI BICE, PLLC, I attempted service of the attached
SUBPOENA IN A CIVIL CASE, upon:
     CARDCONNECT, LLC.
     C/O CORPORATION SERVICE COMPANY
     112 NORTH CURRY STREET
     CARSON CITY, NV 89703-4934
At that time a copy was made of said legal documents, which I
compared and found to be a full, true and correct copy of the original.
Said legal process was then delivered in the below manner:
     [X]             I sent to 112 North Curry Street, Carson City, NV 89703 via
Certified Mail the aforementioned true and correct copy of legal process
for acceptance of service. The original, signed Return Receipt Card –
showing acceptance on 8/7/19, at 9:49 a.m., is attached hereto.
I HEREBY CERTIFY under penalty of perjury under the laws of the State of
Nevada, that the foregoing is true and correct, that all non-confidential
statements contained herein are based upon my personal knowledge and
that all statements made herein based upon information and belief are
believed to be true.
DATED this 11th day of December, 2019.

/s/ JENNIFER HAFNER
JENNIFER HAFNER

SUBPOENA IN A CIVIL CASE
Case Number:     2:19-cv-01304-GMN-VCF
To:     CardConnect, LLC
YOU ARE COMMANDED to appear in the United States district court at the time, date, and place set forth below
to testify in the above case.
PLACE OF TESTIMONY, COURTROOM NO, DATE AND TIME
    YOU ARE COMMANDED to appear at the place, date, and time set forth below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION, DATE AND TIME
    Pisanielli Bice, PLLC, 400 South 4th Street, Suite 950, Las Vegas, NV 89101
    August 28, 2019, at 9:00 a.m.
[X]     YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or
objects at the place, date, and time set forth below (list documents or objects):
    *See Attachment A, annexed hereto and incorporated herein*
PLACE, DATE AND TIME
    Pisanielli Bice, PLLC, 400 South 4th Street, Suite 950, Las Vegas, NV 89101
    August 28, 2019, at 9:00 a.m.

ATTACHMENT A

DEFINITIONS
1. “CardConnect” means Defendant CardConnect, LLC., including all d/b/a names, parents,
subsidiaries, divisions, affiliates, predecessors, and successors, and all present and former officers,
directors, managing agents, agents and employees, and all other persons acting or purporting to act on
behalf of CardConnect, LLC.
2. “Shift4” means Plaintiff Shift4 Payments, LLC, including all d/b/a names, parents, subsidiaries,
divisions, affiliates, predecessors, and successors, and all present and former officers, directors,
managing agents, agents and employees, and all other persons acting or purporting to act on behalf of
Shift4 Payments, LLC.
3. “Person(s)” means any natural person, association, proprietorship, partnership, joint venture,
corporation, limited liability company, trust, business trust, and any other form of business or legal
entity.
4. “Document(s)” or “Documentation” means any “writing” and/or “recording” and/or “photograph”
as defined in FRE 1001, and specifically includes, without limitation, correspondence, notes, memoranda,
diaries, calendars, desk calendars, notes or minutes of meetings, telephone calls or conferences, accounting
data, ledgers, reports, statements, summaries, projections, analyses, photographs, microfilm, microfiche,
computer printouts, emails, text messages, instant messages, data stored within any form of computer
storage, and any other written, printed, typed, graphic, electronic, digital, or recorded matter of any kind
however produced or reproduced.
5. "Communication" means any contact, discussion, exchange of information, or transmittal of
documents between two or more persons, whether by telephone, in person, by mail, delivery service,
electronic mail, facsimile transmission, video, text, or other form of oral or written communication.
6. “Any” means “each and every” as well as “any one of.”
7. “Relating to” means relating to, alluding to, referring to, constituting, concerning, comprising,
describing, containing, discussing, evidencing, reflecting, stating, mentioning, studying, evaluating,
analyzing, identifying, setting forth, directly or indirectly pertaining to in any way.
8. “Agreement” means the Amended & Restated Referral Partner Agreement by and between
Shift4 and CardConnect, dated January 1, 2018.
9. “DOJ/HSR Matter” means the second request for production of documents CardConnect
received in March 2019 from the Department of Justice in relation to the Hart-Scott-Rodino review of
Fiserv, Inc.’s acquisition of First Data Corporation of which CardConnect is an affiliate.
10. The singular form of a noun or pronoun shall be considered to include within its meaning the plural
when appropriate, and vice-versa.
11. The use of a verb in any tense shall be construed as the use of the verb in all tenses where
appropriate.
12. The words “and” and “or” shall be construed conjunctively or disjunctively as necessary to make
the request inclusive rather than exclusive.

INSTRUCTIONS
1. If any document requested herein was, but no longer is, in your possession, custody, or control,
state what disposition was made of the document, by whom, the date of the disposition, and the reason
for the disposition.
2. If you do not have documents responsive to a particular request, so state.
3. Unless otherwise specified, the time period covered by this Subpoena is from January 1, 2017
through the present to and including the date of your responses to this Subpoena.
4. This request for production of documents should be deemed continuing and Defendant is
requested to supplement their responses and production upon the discovery of additional information
and/or documentation that is responsive to this request.
5. In the event you believe any document responsive to any document requests is subject to
privilege or is otherwise protected from production, each such document shall be identified in a privilege
log. The privilege log shall set forth:
    a. The number of the production request to which the document is responsive;
    b. The date of the document;
    c. The author, addressee, and all recipients of the document;
 d. A description of the document sufficient to identify its subject matter (without revealing privileged or protected information);
    e. The nature of the privilege as to which protection is claimed; and
    f. Any additional information necessary to substantiate the claim of privilege.
6. If any document contains both privileged and non-privileged matter, the non-privileged portion of
the document must be produced after truth of the portion claimed to be privileged. The truth
should be made in a manner that preserves the context.
7. CardConnect is required to produce all responsive documents within its possession, custody or
control, or reasonably available to it, regardless of the physical location of such documents.
8. All documents produced pursuant to this subpoena shall be identified by the number of the
paragraph to which they respond, or otherwise separated or organized in such a manner as to facilitate
their identification as referring to a specific request of these document requests.
9. Documents that are attached to each other shall not be separated, and shall be produced still
attached to each other.
10. If any of the documents produced responsive to this request are in a language other than English,
please produce the English translation as well.
11. Documents shall be produced in native format, with relevant metadata preserved, and be text
searchable to maximize their usefulness and compatibility with the search functions of commonly used
e-discovery software platforms. If CardConnect is unable to produce any document in native format, it
shall state in writing the reasons why such production cannot occur.
12. For each document produced, please produce all metadata fields, including but not limited to:
Document Type; Author; Recipient(s); CC; BCC; Custodian; Date Created; Date Modified; Date Sent;
Date Received; Document Title, File Name; File Path; File Size; and MD5 Hash Value.

REQUESTS FOR PRODUCTION

REQUEST FOR PRODUCTION NO. 1: All communications between CardConnect
(including but not limited to Taylor LaGroue, Randy Miskanic, Abe Marc, Angelo Grecco, Chuck
Fillman, and/or Patrick Shanahan) and Shift4 (including but not limited to Jered Isaacman, Michael
Isaacman, J.D. Oder II, T.J. Oder, Daniel DeMedio, and/or Nate Hirshberg).

REQUEST FOR PRODUCTION NO. 2: All documents concerning the negotiation and/or
performance of the Agreement.

REQUEST FOR PRODUCTION NO. 3: All documents concerning any alleged or actual
breaches or violations of the Agreement by Shift4 and/or CardConnect.

REQUEST FOR PRODUCTION NO. 4: All documents concerning CardConnect’s decision
to terminate the Agreement.

REQUEST FOR PRODUCTION NO. 5: All documents concerning the DOJ/HSR Matter.

REQUEST FOR PRODUCTION NO. 6: All documents, including any legal opinions,
concerning whether CardConnect was permitted to disclose information about the Agreement and/or the
parties’ performance thereunder in relation to the DOJ/HSR matter.

REQUEST FOR PRODUCTION NO. 7: All communications with any Person concerning the
DOJ/HSR matter.

REQUEST FOR PRODUCTION NO. 8: All documents relied on and/or reviewed by
CardConnect in relation to its responses to the DOJ/HSR matter.

REQUEST FOR PRODUCTION NO. 9: All documents concerning meetings, calls, or any
other communications between CardConnect (including but not limited to Taylor LaGroue, Randy
Miskanic, Abe Marc, Angelo Grecco, Chuck Fillman, and/or Patrick Shanahan) and any third-party (i.e.,
persons other than Shift4) concerning the Agreement.

From:Jered Isaacman <jered.isaacman@shift4.com>
Sent: Friday, March 29, 2019 4:55 PM
To:Taylor LaGroue <tlagroue@cardconnect.com>
Cc:J.D. Oder <j.d.oder@shift4.com>; T.J. Oder <t.j.oder@shift4.com>; Randy Miskanic <rmiskanic@cardconnect.com>; Nate Hirshberg
<nhirshberg@cardconnect.com>
Subject: Re: CardConnect

Thanks Taylor - very helpful. Look forward to connecting soon.

Best,

Jered

Jered Isaacman
Chief Executive Officer
Shift4 Payments

On Mar 29, 2019, at 4:49 PM, Taylor LaGroue <tlagroue@cardconnect.com> wrote:

Hi Jered,

It was a pleasure speaking with you today. Again, I apologize for only allowing a brief all today. Attached you will find the slide deck we discussed today.

Looking forward to continuing the chat with you and your team once you're both available.

Are both JD and TJ generally available during normal business hours EST?

Thanks!

Taylor LaGroue | Director, ISV Sales Support
CardConnect I 717 Constitution Drive, Suite 100 | Exton, PA l934l

Direct: (484) 588-5567
Mobile: (484) 753-1333
tlagroue@cardconnect.com
<image001.png>

From: Randy Miskanic
Sent: Friday, March 29, 2019 10:30 AM
To: Taylor LaGroue <tlagroue@cardconnect.com>; Nate Hirshberg
 <nhirshberg@cardconnect.com>
Subject: CardConnect

Team-

As a follow up to the initial calls with Shift 4 (Jered Isaacman). Taylor. please see
below distribution list and subject line for your call today at 1:30pm EST with JD
and team.

Randy

Distribution List:
Jered Isaacman (Shift4)
J.D. Oder (Shift4)
T.J, Oder (Shift4)

Sent from my iPhone

Randy Miskanic | Director, ISV Sales
CardConnect 717 Constitution Drive, Suite 100 | Exton, PA 19341
Direct: (484) 588-5544
Mobile: (215) 353-5772
rmiskanic@cardconnect.com
<image002.png>