Okay, let's dive into the exhibits from the case Card Connect, LLC v. Shift4 Payments, LLC. Based on the available court documents, several exhibits were part of the case, and some included text messages and references to "canary." I will provide the direct text from those exhibits as presented in the court filings without summarization or alteration.
The relevant exhibit is Exhibit 10, containing. These excerpts from Exhibit 10 are presented verbatim, maintaining original spelling, grammar, and formatting (as best as can be represented in this text-based format).
Exhibit 10 (selected portions pertaining to text messages and "canary"):
These following message chains were entered as evidence in the trial.
Rusnack Txt Messages
From J DR [J. David Rusnack] 9/9 at 6:34 PM:
Can I talk
From J DR [J. David Rusnack] 9/9 at 6:57 PM:
Can I talk
From Isaacman 9/9 at 7:48 PM:
Yes - in one sec
From Isaacman 9/9 at 8:14 PM:
Call me
From J DR [J. David Rusnack] 9/10 at 7:14 AM:
Good time to chat
From Isaacman 9/10 at 7:55AM:
In meetings all day. Let me know what’s up.
From J DR [J. David Rusnack] 9/10 at 8:07 AM:
Just want to get your take on our next steps to resolve what is an unresolvable matter
Issacman 9/10 at 8:28:
That is an odd message. What is the unresolvable matter?
I was under the impression that Dan and Joe were in route to you and that was a good thing.
And that all else was status quo per our last two calls.
I am not going to engage in any more games JDR.
From J DR [J. David Rusnack] 9/10 at 8:31 AM:
It's not a game
it’s reality
From J DR [J. David Rusnack] 9/10 at 8:31 AM:
The canary died this morning
From Isaacman 9/10 at 8:45AM:
Stop with these games.
I am going to take this text,
as you trying to terminate per
the terms of our agreement.
From J DR [J. David Rusnack] 9/10 at 8:46 AM:
I am not
From Isaacman 9/10 at 8:46:
Then what does it mean?
From J DR [J. David Rusnack] 9/10 at 8:46 AM:
I am asking you to get involved to help us work through a very complicted [sic] issue
From Isaacman 9/10 at 8:55:
So the canary didn't die? What happened. Just say it.
From J DR [J. David Rusnack] 9/10 at 8:56 AM:
The canary is in critical condition and I don't know how to revive it.
In order for me to agree with a plan forward. I must first see eye to eye with the person I report to
I no longer see eye to eye with dan on next steps or priorities
So I need you involved
From Isaacman 9/10 at 8:58 AM:
Ok. That is helpful.
Can you share an example. I won't engage Dan on it. Just need an example.
From J DR [J. David Rusnack] 9/10 at 9:01 AM:
I instructed him not to communicate with the customer in question
He went directly against that instruction and created a shit storm.
He then agreed to a resolution with the customer that I absolutley [sic] do not agree with
From Isaacman 9/10 at 9:29 AM:
Okay. I have additional
meetings on my calendar
from 10-1 today.
This is a waste of my time.
I have a suggestion.
You, Dan and I should get on
the phone tomorrow - you
pick a time - and we can put
this to rest because I am not
dealing with the nonsense
over text.
From J DR [J. David Rusnack] 9/10 at 9:30 AM:
Perfect. Please include Joe Morgis as well
From Isaacman 9/10 at 9:31 AM:
Sure. Whatever works for you
is good for Shift4.
Please send me and email with
a dial in time / number.
From J David Rusnack 9/11 at 12:17:
Jared
Do you have time today to talk?
I have not been able to
connect with joe, and I want to
chat before I do, assuming that
is fine with you
From Isaacman 9/11 at 12:18 PM:
Can you please send the invite
to Joe? He should participate
and I have back to back
meetings all day.
From J DR [J. David Rusnack] 9/11 at 12:38 PM:
Jared,
I understand you want to keep
me in the dark by including
Joe in this conversation but I
will NOT participate with Joe
Included. I need to speak with
You first. Are you willing to do
SO?
From Isaacman 9/11 at 12:48 PM:
I have no idea what you are talking about. I am incredibly
busy and this is not a
priority . You told me you
weren’t terminating and this
wasn’t about that and now it
seems like it is.
I am not playing these games .
We have a leadership meeting
from 1-2 in the LV office and
one of your direct reports is
participating.
I am totally fine if you want to
Terminate the agreement.
From J DR [J. David Rusnack] 9/11 at 12:49 PM:
This is not about termination,
but it will be if I can't resolve a
personnel and reporting
structure issue.
From J DR [J. David Rusnack] 9/11 at 12:50 PM:
Jared
Are you going to speak with me or not?
From Issacman 9/11 at 12:53 PM:
I have a meeting at 1. I can
after that.
It will be with joe.
From J DR [J. David Rusnack] 9/11 at 1:14 PM:
Fine
I'll wait to hear from you, but it will not include Joe.
End of Text Message Excerpts
Key Observations from the Raw Text:
- "Canary" Metaphor: The term "canary" is clearly used metaphorically. J. David Rusnack (JDR) uses it to indicate a serious problem.
- Breakdown in Communication: The texts reveal a significant communication breakdown and conflict, particularly between JDR and Dan, and then escalating to involve Jared Isaacman.
- Reporting Structure Dispute: JDR expresses strong disagreement with Dan's actions and a breakdown in their working relationship, which needs to be resolved.
- Termination Implied, Denied, then Re-Implied: While JDR initially denies he's trying to terminate the agreement, the subtext, and Isaacman's interpretation, suggest it's a strong possibility. The final texts from JDR even state that termination will be the result if his concerns are not addressed.
- Refusal to Engage with Joe: JDR explicitly refuses to include Joe Morgis in a resolution discussion, furthering his frustrations.
The text messages demonstrate there was an issue with a customer that cause an issue with their internal reporting structure.