Based on the court documents available for Card Connect, LLC v. Shift4 Payments, LLC, (Case 2:17-cv-00477-GMN-VCF in the United States District Court for the District of Nevada), there were indeed many exhibits filed as part of the case. These exhibits included emails, contracts, declarations, and other supporting documents.
Here are some of the emails from the case exhibits, focusing on those from “J” (presumably J. David Oder) or Jared Isaacman, especially those containing profanity, and prioritizing older ones. Note that I am reproducing the text as it appears in the court documents, including truths already present in those filings. I have provided context about the exhibit whenever possible.
Important Note: These are selections, and there may be other relevant emails within the hundreds of pages of exhibits.
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Exhibit H to Document 112-1 (Declaration of Michael J. Moyer in Support of Response in opposition, Exhibit Q to Order to Show Cause)
This e-mail highlights the frustrations from Jared on his payments not being made.From: Jared Isaacman
Sent: Monday, July 11, 2016 4:46 PM
To: Bob Carr; [REDACTED]; Ray Moyer
Cc: Justin McLeod; Andrew Oder; [REDACTED]
Subject: RE: Fwd: Outstanding CommissionsBob,
This is fucking insane.
We are not fulfilling contractual obligations. It is that simple. This is exactly how channel
conflicts/issues begin. We have made considerable progress on our side as you requested. The
remaining items require additional time.I am going to recommend to Shift4 that they cease all referrals to CardConnect until we have this in
order. I am sure you have plenty of resellers in your world to make up for the shortfall.I will also discuss with Andrew escalating the matter which is the general recommendation
between counsel as I understand. I want to give you fair warning. We are operating in good faith at
all times.We are owed $2,100+ to date. Pay ASAP.
Jared
I also wanted to share some articles with you I have found to be pretty informative to me.
You might enjoy.- [REDACTED]
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Exhibit P to Document 63-16 (Declaration of Michael T. Reynolds in Support of Motion to Compel Discovery) This email exchange occurs in reaction to a previous email and shows shift4s concerns
From: Jared Isaacman
Sent: Friday, October 28, 2016 10:24 AM
To: Justin McLeod
Cc: J. David Oder; Randy Miskanic; Taylor Lauber
Subject: Re: Ugh – Draft Agreement – Sales AgreementWe did put 1.0 in the agrerment [sic].
The bigger, underlying problem is they don’t seem to give a shit about the psp program. Its
all on us. They don’t send leads. They don’t introduce us. They just point merchants to our
site. Its total bullshit.Sent from my iPhone
On Oct 28, 2016, at 10:21 AM, Justin McLeod <[REDACTED]> wrote:
I remember this. It was before my updates when Randy/Taylor added in 1 basis point
escalator in year 3.Sent from my iPhone
On Oct 28, 2016, at 10:16 AM, Jared Isaacman <[REDACTED]> wrote:
Do you remember this email? See attached.
This says 1%. Bob said it was in error.
We should get the paper copy of the signed agreement as its been a year of games.
I bet it gets corrected, again , after signature.
Sent from my iPhone
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Exhibit A to Document 112-1 (Declaration of Michael J. Moyer in Support of Response in opposition, Exhibit O to Order to Show Cause)
From: Jared Isaacman
Sent: Tuesday, December 17, 2013 7:18 PM
To: Bob Carr
Cc: [REDACTED]; J. David Oder; [REDACTED]
Subject: RE: Fwd: Outstanding CommissonsBob,
Can you please run this up the flagpole? I’ve been flying all day and can’t spend anymore
time on it tonight. The games continue for a program that has been in place for 2+ years with no
issues until early last year. No one could have ever signed up for this much bullshit.
Thanks,
Jared -
Exhibit M to Document 63-14, (Declaration of Michael T. Reynolds in Support of Motion to Amend Counterclaim)
This e-mail shows that Shift4 was unhappy about the lack of lead generation and follow-through from CardConnectFrom: J. David Oder
Sent: Wednesday, August 17, 2016 4:52 PM
To: [REDACTED]
Cc: Jared Isaacman; Bob Carr
Subject: FW: HSI Reporting[REDACTED],
Can you please pull the reporting for HSI as described below and send to [REDACTED]
address? We are not getting any support from your team on even pulling a report out of your system?As an aside, HSI is a long, long-time customer of ours. We migrated them to the First Data
platform ~2011. They use our gateway (4Go) and they use our Level II/III capabilities and our reporting platform (myaccountinfo).When we transitioned the relationship to you (as we discussed many, many, many times) it was
supposed to be a seamless, seamless, seamless transition. We were not supposed to lose ANY
functionality. [REDACTED] was supposed to manage relationships with our very large customers
and prospects. [REDACTED] was even supposed to be attending trade shows to learn about those
relationships and that line of business. [REDACTED] supposed to manage the relationships (be the
point) and provide 24/7 support.When this deal began we were supposed to get leads. To date, Shift4, has generated more volume
for CC than CC has generated for Shift4. This despite our very large install base and our own
resources to dedicate to selling the solution.This simply is not working.
I understand you guys were on vacation, but this began long before last week. HSI should
have been managed, period. I understand you manage lots of referral relationships, however, this
is bullshit.Please escalate this to Bob.
JDO
From: [REDACTED]
Sent: Monday, August 15, 2016 9:03 AM
To: J. David Oder
Subject: HSI ReportingDave-
We submitted to [REDACTED] on Friday.
Thanks,
[REDACTED]
Key Points and Context:
- Channel Conflict: The emails reveal significant tension and “channel conflict” arising from the partnership, particularly around commission payments, lead sharing, and the level of support provided by CardConnect.
- Breach of Contract Allegations: Jared Isaacman explicitly mentions that he believes CardConnect is not fulfilling contractual obligations, particularly concerning payments.
- Dissatisfaction with Partnership: Shift4’s leadership expresses strong dissatisfaction with the partnership, citing a lack of lead generation from CardConnect, insufficient support, and a feeling that CardConnect doesn’t “give a shit about the psp program.”
- Escalation: The emails show an escalation of the issues, with discussions of involving legal counsel and ceasing referrals.
- Time Frame. Show the oldest email to be concerning the commissions of shift4 employees.
- David Oder sent concerns through email to Card Connect on August 17, 2016
These email excerpts provide a glimpse into the deteriorating relationship between CardConnect and Shift4, ultimately leading to the lawsuit. They demonstrate the core disputes regarding contract performance, financial obligations, and the overall value (or lack thereof) derived from the partnership from Shift4’s perspective.