Exhibit 797: Search Term foundation

Document Type: foundation

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Okay, let's dive into the exhibits from the case Card Connect, LLC v. Shift4 Payments, LLC. Based on the available docket information related to the case, a number of exhibits were filed, including some related to text messages and "foundation" (likely meaning establishing the foundation for admissibility of evidence).

Here are direct quotes from the exhibits, based on the court documents, without summarization or alteration on those requested. I'm extracting the exact text as presented, including any formatting, spelling, or grammatical quirks that might be present in the original.

Exhibit 82 - Excerpts of 1/19/19 Text Message Chain (Document 247-17, Filed 03/22/2021)

This text chain appears after a deposition and the release of exhibits

[1/19/19, 9:47:38 PM] J.D. Oder II: Are you free for a
quick chat?
[1/19/19, 9:49:32 PM] Taylor Lauber: Yes
[1/19/19, 9:49:45 PM] Taylor Lauber: Send me link
[1/19/19, 9:49:46 PM] Taylor Lauber: Or number
[1/19/19, 10:58:30 PM] J.D. Oder II: How do I get the
exhibits that were confidentially released today?
[1/19/19, 10:58:46 PM] J.D. Oder II: And were there any
smoking guns?
[1/19/19, 10:59:40 PM] Taylor Lauber: Attorney Eisenberg
has them
[1/19/19, 10:59:59 PM] Taylor Lauber: Yes.
[1/19/19, 11:00:04 PM] Taylor Lauber: Jeff is going to jail
[1/19/19, 11:04:31 PM] J.D. Oder II: He won't actually go
to jail.
[1/19/19, 11:04:44 PM] J.D. Oder II: It's civil.
[1/19/19, 11:05:01 PM] J.D. Oder II: He'll just go bankrupt
again.
[1/19/19, 11:08:01 PM] Taylor Lauber: Ok good
[1/19/19, 11:08:27 PM] Taylor Lauber: Whatever gets him
away from us and owing millions

Exhibit J - Declaration of Peter Ho (Document 164-11, Filed 08/14/2020) -- Containing Text Messages This contains a string of text message that are part of the record, in paragraph 9

9. Attached hereto as Exhibit H are true and correct copies of text messages between
Mr. Lauber and me between January 3 and January 5, 2019.

Then Exhibit H contains the texts.

[1/3/19, 4:54:17 PM] Peter Ho:
Hey- any word on the DocuSign to
me and Mike?
[1/3/19, 4:55:29 PM] Taylor Lauber:
Following up now
[1/3/19, 6:58:19 PM] Taylor Lauber:
Nate is requesting this be done
from a new email address.
Recommending you set up free
proton mail accounts.
[1/3/19, 6:58:33 PM] Taylor Lauber:
We will send docs there.
[1/3/19, 7:03:07 PM] Peter Ho:
Ok.
[1/3/19, 7:03:23 PM] Peter Ho:
Will do
[1/3/19, 8:24:44 PM] Peter Ho:
peterho1288@protonmail.com
[1/4/19, 6:48:38 AM] Taylor Lauber:
Good morning. Peter did the
docusign make it over?
[1/4/19, 7:50:22 AM] Peter Ho:
Hey- this is what I see... no
attachments
[1/4/19, 7:50:34 AM] Peter Ho:
[1/4/19, 7:50:46 AM] Peter Ho:
I did get something from Mike at
lighthouse
[1/4/19, 7:50:58 AM] Peter Ho:
So I replied back to him
[1/4/19, 7:57:24 AM] Taylor Lauber:
Ok will connect you both.
[1/4/19, 10:42:13 AM] Peter Ho:
Did you want to connect live? Or
just an introduction?
[1/4/19, 10:43:54 AM] Taylor Lauber:
Intro
[1/4/19, 10:43:59 AM] Taylor Lauber:
You guys coordinate.
[1/4/19, 8:08:57 PM] Taylor Lauber:
Hey Pete I have a list of tasks for
you. Do you have a secured way
to send?
[1/4/19, 8:16:06 PM] Peter Ho:
Yep
[1/4/19, 8:16:44 PM] Peter Ho:
Just sent u a test email using proton
[1/5/19, 9:58:05 AM] Taylor Lauber:
Great

Exhibit 84 - Excerpts of 1/18/19 Text Message Chain (Shift4 Ex. 84) (Document 247-19, Filed 03/22/2021)

This next exchange takes place the day before the last.

[1/18/19, 3:43:37 PM] J.D. Oder II: Are you comfortable
sharing those with me before sending?
[1/18/19, 3:43:59 PM] Taylor Lauber: Yes
[1/18/19, 3:44:23 PM] J.D. Oder II: Thank you.
[1/18/19, 3:44:44 PM] Taylor Lauber: No prob

Exhibit 83 Text Message Convo (Document 247-18, Filed 03/22/2021)

No date is in this brief exchange

[Unknown Date]
Taylor Lauber: Yes.
J.D. Oder II: He won't actually go
to jail.
J.D. Oder II: It's civil.
J.D. Oder II: He'll just go bankrupt
again.

Regarding "Foundation"

Many of the exhibits are Declarations or Affidavits. These legal documents often include language to establish a "foundation" for the evidence presented. This means the person making the declaration is stating, under oath, how they know the information they are presenting is true and correct, and why the court should consider it reliable. This is extremely common in litigation. The declarations are meant to establish percipient witness to the event so they qualify to be admitted.

For an example I used Exhibit J, Declaration of Peter Ho. Paragraph 9, shown above, shows the foundation of this declarant for the subsequent text messages.

Key elements of Foundation, that are often present, but depend of the source:

These are all available text chains, or supporting material "foundation" of their authenticity. The records demonstrate the raw text, with surrounding context described.

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