Okay, let's dive into the Card Connect, LLC v. Shift4 Payments, LLC case and find the exhibits you're looking for, specifically focusing on text messages and the name "immaterial". I'll provide the raw, original text of the exhibits as filed, without summarization or alteration.
Based on the provided court documents, the relevant exhibits are:
- Exhibit 39 (D.E. 163-39): Text messages between Jered and Nadia Isaacman.
- Exhibit 19 (D.E. 163-19): Contains references to "Elena immaterial".
I will provide the content of these exhibits exactly as they appear in the filed documents.
Exhibit 39 (D.E. 163-39): Text Messages
The beginning of the document seems to be missing and picks up in the middle of a converstaion.
...and get the fucking signatures.
Jered Isaacman: Okay
Nadia Isaacman: And where the fuck are you
Jered Isaacman: Driving to office now. Was on phone.
Nadia Isaacman: Now = asap. No more fucking games
Jered Isaacman: Ok.
Nadia Isaacman: Do not be late for cc.
Jered Isaacman: I'm already making calls. Your stressing me out.
Nadia Isaacman: Bullshit
Jered Isaacman: I can call you now if you want
Nadia Isaacman: No. I want deals signed.
Jered Isaacman: I'm done being f'd around too
Nadia Isaacman: Then do something about it.
Jered Isaacman: Working on it.
Nadia Isaacman: As you stated 3 months ago and everyday since.
Jered Isaacman: Ok.
Nadia Isaacman: It has been full commitment to waste time and collect salary.
Jered Isaacman: Ok.
Nadia Isaacman: 05/17 at 11:38 AM Do you have copies of old shift4 agreements? And harrahs?
Jered Isaacman: I should.
Nadia Isaacman: Forward to me asap.
Jered Isaacman: In two secs.
Nadia Isaacman: Thank you.
Jered Isaacman: I have a spreadsheet with every prop I ever did with SIC codes and rev. The harrahs stuff I don't think I ever got a copy of.
Nadia Isaacman: Ok. Send me spreadsheet.
Jered Isaacman: Ok. Can you shoot me addresses for both mps companies For fed ex Ty
Nadia Isaacman: I don't have addresses on me.
Jered Isaacman: Ok.
Nadia Isaacman: Ask stacy
Jered Isaacman: K.
Nadia Isaacman: 05/17 at 1:59 PM Did you forward info and send out packages?
Jered Isaacman: Getting signature at mps. Then fed ex everything today.
Nadia Isaacman: To Brennan or you are sending directly.
Jered Isaacman: Directly.
Nadia Isaacman: Ok. Thank you.
Jered Isaacman: 05/17 at 2:51 PM They are questioning if language is needed to change the bank.
Nadia Isaacman: They are in breach of contract.
Jered Isaacman: I told them that.
Nadia Isaacman: We are being nice to allow them a second.
Jered Isaacman: Yep.
Nadia Isaacman: If they fuck around one more second tell them their deal is off the table.
Jered Isaacman: I did.
Nadia Isaacman: Good. So handle it please. Today.
Jered Isaacman: K
Nadia Isaacman: And when you get time please forward me those old agreements.
Jered Isaacman: I looked. Dont have a lot. I do have a good spread sheet.
Nadia Isaacman: Forward.
Jered Isaacman: Ok.
Nadia Isaacman: 05/18 at 12:01 PM Did you find out what randy is doing tomorrow?
Jered Isaacman: He flying tom
Nadia Isaacman: Where?
Jered Isaacman: Vegas
Nadia Isaacman: For how long? Thank you.
Jered Isaacman: I'm not sure. He is going for the fight I think.
Nadia Isaacman: With who?
Jered Isaacman: His friends.
Nadia Isaacman: Ok.
Jered Isaacman: 05/18 at 4:45 PM Can you please call me.
Nadia Isaacman: Why?
Jered Isaacman: Bc Brennan is here
Nadia Isaacman: So.
Jered Isaacman: I don't want to do anything to piss you off is all.
Nadia Isaacman: Why would you piss me off?
Jered Isaacman: I don't know.
Nadia Isaacman: Is he signing or just wasting more time? Answer please.
Jered Isaacman: I don't know yet
Nadia Isaacman: Ask him
Jered Isaacman: Ok. I don't get the feeling these are getting signed today
Nadia Isaacman: Then tell him to get out of your office
Jered Isaacman: Ok I will I spoke to Jeff Just now. Mps docs signed and will be there Monday via FedEx. Tcc docs are being reviewed at the moment.
Nadia Isaacman: Great.
Jered Isaacman: I sent that to Brennan
Nadia Isaacman: Ok.
Jered Isaacman: 05/18 at 7:16 PM Everything is signed!!!
Nadia Isaacman: Great!!!
Jered Isaacman: Yep.
Nadia Isaacman: Thank you
Jered Isaacman: 05/18 at 7:44 PM I have one to you. Other is overnight to Jeff. I'm so tired.
Nadia Isaacman: You should be.
Jered Isaacman: I worked my ass off.
Nadia Isaacman: I know. For 3.5 months.
Jered Isaacman: Yep.
(b)(6)
Are you happy?
Nadia Isaacman: We can discuss it later
Jered Isaacman: Okay.
Nadia Isaacman: 05/25 at 10:38 PM Did you look at the cc emails? What happened?
Jered Isaacman: Yea. Not good.
Nadia Isaacman: Did you reply? What are we going to do?
Jered Isaacman: I think best approach...call tom.
Nadia Isaacman: And say what.
Jered Isaacman: That we expect them to move.
Nadia Isaacman: We are ready. So either move or we will terminate, get sued and be forced to unwind. Does that sound ok?
Jered Isaacman: Yep. That be my approach.
Nadia Isaacman: Ok
Jered Isaacman: Yep. You want me to handle
Nadia Isaacman: Can you.
Jered Isaacman: Yep.
Nadia Isaacman: Great.
Jered Isaacman: I handle all my problems.
Nadia Isaacman: I know you do.
Jered Isaacman: Just get my share of drama.
Nadia Isaacman: 05/25 at 10:55 PM I just want to make sure that we get final answer. Since the contract is fully executed its binding.
Jered Isaacman: Yep.
Nadia Isaacman: So just tell them.
Jered Isaacman: Will do.
Nadia Isaacman: Ok.
Jered Isaacman: I always got you covered.
Nadia Isaacman: Good.
Exhibit 19 (D.E. 163-19): Relevant Excerpt referencing "immaterial" This document appears to be communication between Shift4 employees. The relevant part containing "immaterial" is, with context:
Begin forwarded message:
From: "Owens, Randy" ROwens@shift4.com
Subject: Fwd: Shift4 Payments / Card Connect
Date: May 31, 2016 at 11:41:14 AM EDT
To: "'J. Isaacman'" jisaacman@shift4.com
FYI
Sent from my Sprint Samsung Galaxy SĀ® 5.
Original message From: JP Morgan Chase jpmorganchase@em.cardconnect.com Date: 05/31/2016 9:39 AM (GMT-05:00) To: Randy Owens rowens@shift4.com Cc: Angelo Grecco agrecco@cardconnect.com, Patrick Shanahan pshanahan@cardconnect.com Subject: Shift4 Payments / Card Connect
Randy, J.D. suggested that I reach out to you as he indicated that Shift4 Payments has not made a processing change to Card Connect.
Please contact me at your earliest convenience
Best Regards, Gina
From: J. Isaacman Sent: Tuesday, May 31, 2016 9:38 AM To: Owens, Randy; Draper, Stephanie Cc: Ragan, Taylor; Isaacman, Nadia; Petrillo, Rocco; immaterial, Elena; Mann, Richard Subject: Card Connect
Team,
Randy - Per our discussion, can you please provide me with Card Connect's current contact information?
Stephanie - Per our discussion, can you please follow up with accounting on any outstanding balances due Card Connect?
Thanks,
JI
The key takeaway is that Elena immaterial was included in the "Cc" line of an email discussing Card Connect, suggesting she was kept informed of communications relating to the matter. The presence of Nadia Isaacman on the same email chain reinforces the coordinated efforts within Shift4 regarding this issue.