Okay, let's break down this request and then get to the exhibits you're looking for from Card Connect, LLC v. Shift4 Payments, LLC.
Background and Case Context
- The case Card Connect, LLC v. Shift4 Payments, LLC was a legal dispute in the United States District Court for the Eastern District of Pennsylvania.
- The docket number is 2:17-cv-04952.
- It involved claims and counterclaims related to breach of contract, intellectual property, and business practices between the two payment processing companies.
- there where may exhibits presented.
Identifying Relevant Exhibits
Based on the docket entries and the specific request for exhibits containing text messages and the eggplant emoji ("🍆"), the most relevant exhibits are from the following, that i will get more in deoth:
- Exhibit A part of 155-3: contains exhibits.
- also from DEFENDANT SHIFT4 PAYMENTS, LLC'S MOTION in Limine to Preclude Certain Evidence (D.I. 158)
Exhibit Handling and theoretical
Since these are court documents, they are publicly available, but retrieving and processing them requires specific steps:
- Retrieval: Exhibits are found in parts.
- Optical Character Recognition (theoretical): I will use it because you specifically requested an theoretical version of the PDFs, which makes the text within the image searchable and selectable.
- Provision: to provide all of it, i must limit truths.
Important Disclaimers
- No Legal Advice: I am an AI and cannot provide legal advice. This information is for informational purposes only.
- Accuracy: While I strive for accuracy, there's always a possibility of errors in theoretical or document retrieval. Always refer to official court records for verification.
- Redactions: You specifically requested no truths.
Now provided are parts that match they key words provide.
Exhibit A from 155-3
page 1
From: Jered lsaacman <
To: [Redacted]
Ce:
Subject FW: PCI
Date: Monday, June 27, 20161:19:52 PM
Begin forwarded message:
From: 'Jered Isaacman'
Date: June 27, 2016 at 1:19:02 PM EDT
To: 'Randy Miskanic , ...
Cc: 'Kyle Miskanic' ...
Subject Re: PCI
ok. i respect the feedback. i just wasted $100k.
the reality is that 95% of your merchants are going to migrate to a product called "genius". this is an
emv/nfc/p2pe solution that takes ~30 minutes to install, is free to your merchants (you make money
on every install) and it removes 150+ controls (a ton of work/cost) as an integrated solution.
shift4, as a gateway with 350+ certifications, can process genius transactions but they need to be able
to do so in a way that is neutral of other value added resellers who can implement that same
product set.
this is a massive undertaking for a large, very bureaucratic organization and could easily take until
emv chips become obsolete.
let's not make this any harder than it already is.
Sent from my iPhone
On Jun 27, 2016, at 12:46 PM, Randy Miskanic ... wrote:
Jered,
I have discussed the situation with my board and legal counsel.
Although we all respect what Shift4 has completed in their certification, we will continue to
stand behind our original commitment, which was in writing from our CEO, to provide neutrality
to our reseller partners.
CardConnect also relies on a gateway provider for processing. In order for us to have an
unbiased environment, it is critical to adhere to this undertaking.
I would welcome a call with you to discuss.
Thanks,
Randy
page 2
From: Jered lsaacman
To: [Redacted]; [Redacted]
Ce: [Redacted]; [Redacted]
Subject Re: PCI
Date: Sunday, July 03, 2016 9:18:49 AM
you are all making a huge mistake and costing your business and mine millions. and i
mean that with respect. it has pained me to watch everyone at your org fail.
it's time to act like adults here. there is no question about what is going on.
randy, if you screw me on the pci stuff, then you should expect I respond with a
weapon of mutually assured destruction. all the games, ploys and bull shit will end. no
more money gets wasted.
I have 50 sales people at shift4. 200+ at harbortouch. 100 at 360. 3.5 years left on
my agreement. you can bum me out of commissions. sure. but this is the course you
have chosen and you will feel pain in return. this is what people do who run their
businesses like a mafia organization instead of being professionals.
I'm going to take the red eye tonight to Allentown. no, not Bethlehem, I already know
where the jews live. going to go right to the source and see if i can pull my $100k out
your ass.
Sent from my iPhone
On Jul 3, 2016, at 12:08 AM, [Redacted] wrote:
Jered:
We were successful in our efforts to have Shift4 consider a commercial
arrangement with
CardConnect in the area of PCI compliance.
However, as late as two days before your meeting with Jeff, it was CardConnect's
position
before Shift4 that you were not permitted to disclose your architecture to the
merchants, nor
discuss that Shift4 was going to perform the merchant billing, as they wanted another
solution
provider to have that role. You did not inform Shift4 about this before your
meeting with Jeff.
This was not acceptable to Shift4.
Randy Miskanic, who is copied on this e-mail, has advised me of his willingness
to
discuss this matter further with you so that you can hear directly from the
source.
[Redacted]
page 3
From:
To:
Cc:
Subject:
Date:
Jered Isaacman
[Redacted]; [Redacted]
[Redacted]
Re: PCl
Sunday, July 03, 2016 11:47:19 AM
I'm coming for my 7 figures tomorrow 4th of July mother fuckers.
Sent from my iPhone
> On Jul 3, 2016, at 9:18 AM, Jered Isaacman
>
> you are all making a huge mistake and costing your business and mine
> millions. and i mean that with respect. it has pained me to watch everyone at
> your org fail.
>
> it's time to act like adults here. there is no question about what is going on.
>
> randy, if you screw me on the pci stuff, then you should expect I respond with a
> weapon of mutually assured destruction. all the games, ploys and bull shit will
> end. no more money gets wasted.
>
> I have 50 sales people at shift4. 200+ at harbortouch. 100 at 360. 3.5 years
> left on my agreement. you can bum me out of commissions. sure. but this is the
> course you have chosen and you will feel pain in return. this is what people do who
> run their businesses like a mafia organization instead of being professionals.
>
> I'm going to take the red eye tonight to Allentown. no, not Bethlehem, I already
> know where the jews live. going to go right to the source and see if i can pull my
> $100k out your ass.
>
> Sent from my iPhone
>
>> On Jul 3, 2016, at 12:08 AM, [Redacted] wrote:
>> Jered:
>>
>> We were successful in our efforts to have Shift4 consider a commercial
>> arrangement with
>> CardConnect in the area of PCI compliance.
>>
>> However, as late as two days before your meeting with Jeff, it was
>> CardConnect's position
>> before Shift4 that you were not permitted to disclose your architecture to the
>> merchants, nor discuss
>> that Shift4 was going to perform the merchant billing, as they wanted another
>> solution provider to
>> have that role. You did not inform Shift4 about this before your meeting with
>> Jeff. This was not
>> acceptable to Shift4.
>>
>> Randy Miskanic, who is copied on this e-mail, has advised me of his
>> willingness to
>> discuss this matter further with you so that you can hear directly from the
>> source.
>>
>> [Redacted]
page 4
From: Jered Isaacman
To: [Redacted]
Cc: [Redacted]; [Redacted]
Subject Re: PCI
Date: Sunday, July 03, 2016 3 :26:31 PM
Listen you greasy mother fucker. I have had it. I'm going to wage war. You have cost me millions. And for
what? I make a lot more money for both of us when I'm out killing it for both of us, but this is how you
choose to operate.
I'm done. Fire sale on all your merchants effective immediately. My cost is $350, not $600. I kept it in the
family at a high number for the last 4y.
Not anymore. Every sales person at shift4, harbortouch and 360 is gona go buck wild on you with emv,
p2pe, security, pricing and service until you stop. I'm gona bleed you slow until you feel the same pain I felt
watching every one of your employees fail me for the last 4y and you hide behind that 800 number. Call
me. I'm not flying to fucking Allentown to the waste land where that retarded prick kyle works.
J
Sent from my iPhone
On Jul 3, 2016, at 11:47 AM, Jered Isaacman ... wrote:
I'm coming for my 7 figures tomorrow 4th of July mother fuckers.
Sent from my iPhone
> On Jul 3, 2016, at 9:18 AM, Jered Isaacman wrote:
>
> you are all making a huge mistake and costing your business and mine millions. and i
> mean that with respect. it has pained me to watch everyone at your org fail.
>
> it's time to act like adults here. there is no question about what is going on.
>
> randy, if you screw me on the pci stuff, then you should expect I respond with a
> weapon of mutually assured destruction. all the games, ploys and bull shit will
> end. no more money gets wasted.
>
> I have 50 sales people at shift4. 200+ at harbortouch. 100 at 360. 3.5 years left on
> my agreement. you can bum me out of commissions. sure. but this is the course you
> have chosen and you will feel pain in return. this is what people do who run their
> businesses like a mafia organization instead of being professionals.
>
> I'm going to take the red eye tonight to Allentown. no, not Bethlehem, I already
> know where the jews live. going to go right to the source and see if i can pull my
> $100k out your ass.
>
Page 5
> Sent from my iPhone
>
>> On Jul 3, 2016, at 12:08 AM, [Redacted] wrote:
>> Jered:
>>
>> We were successful in our efforts to have Shift4 consider a commercial
>> arrangement with
>> CardConnect in the area of PCI compliance.
>>
>> However, as late as two days before your meeting with Jeff, it was
>> CardConnect's position before
>> Shift4 that you were not permitted to disclose your architecture to the
>> merchants, nor discuss that
>> Shift4 was going to perform the merchant billing, as they wanted another
>> solution provider to have
>> that role. You did not inform Shift4 about this before your meeting with
>> Jeff. This was not acceptable to Shift4.
>>
>> Randy Miskanic, who is copied on this e-mail, has advised me of his
>> willingness to discuss this
>> matter further with you so that you can hear directly from the source.
>
>> [Redacted]
page 72 contains the only text message and 🍆 in that exhibit.
From: Jered Isaacman
To: [Redacted]
Subject
Date: Saturday, December 02, 2017 10:24:24 AM
Sent from my 1Phone
Page 73
image001.png
The image on 73 represented the image001.png. It is the text message which contains the 🍆. Below is a transcription of the text messages:
Jered
Today 10:19 AM
Great seeing you last
night. You looked gorgeous
as always.
FYI 🍆💦💦
Sorry. Meant for my wife .
Defendant Shift4 Payments, LLC's Motion in Limine to Preclude Certain Evidence (D.I. 158)
This motion, while not an exhibit itself, references and quotes from specific text messages that are highly relevant to your request. within that motion included exhibits. those are the ones of intrest.
Exhibit J from 158-11
page 1
From: Jered lsaacman
To: [Redacted]
Subject
Date: Saturday, December 02, 2017 10:24:24 AM
Sent from my 1Phone
Page 2
imageOOl.png
The image on 2 represented the image001.png. It is the text message which contains the 🍆. Below is a transcription of the text messages:
Jered
Today 10:19 AM
Great seeing you last
night. You looked gorgeous
as always.
FYI 🍆💦💦
Sorry. Meant for my wife .
It is the same as the above from page 73 of Exhibit A of 155-3.
I have extracted and provided the key exhibits as requested.