AdvanceMe Inc v. RapidPay LLC

Filing 350

Exhibit List: Plaintiff's Final Exhibit List of Exhibit Admitted at Bench Trial 7.16.2007 - 7.20.2007. (rlf, )

Case 6:05-cv-00424-LED

Document 350

Filed 09/10/2007

Page 1 of 33

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC., Plaintiff vs. RAPIDPAY LLC, et al., Defendants § § § § § PLAINTIFF ADVANCEME, INC.'S FINAL TRIAL EXHIBIT LIST Presiding Judge: LEONARD DAVIS Plaintiff's Attorney(s): Otis Carroll Defendant's Attorneys: Willem Schuurman Courtroom Deputy: Rosa Ferguson CASE NO.: Civil Action No. 6:05-CV-424 LED

Trial Date: July 16 - 20, 2007 Court Reporter: Terese Casterline & Jana Bald ** Categories: (A) - Will Use; (B) - May Use; (C) Probably Won't Use EXH . NO. 1 2 3 DESCRIPTION Complaint for Patent Infringement, filed November 9, 2005 Amended Complaint for Patent Infringement, filed February 27, 2006 Defendant Reach Financial LLC's Answer, Affirmative Defenses, and CounterClaims in Response to Plaintiff's Amended Complaint, filed April 24, 2006 BATES NO. Docket No. 1 Docket No. 23-1 Docket No. 36 B A B

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

X X X

X X X

7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 1 (Rev. 2.9.05)

Dockets.Justia.com

Case 6:05-cv-00424-LED EXH . NO. 4

Document 350

Filed 09/10/2007

Page 2 of 33

DESCRIPTION Defendant Reach Financial LLC's First Amended Answer, Affirmative Defenses, and CounterClaims in Response to Plaintiff's Amended Complaint, filed July 7, 2006 Defendant Merchant Money Tree, Inc.'s Answer, Affirmative Defenses, and CounterClaims in Response to Plaintiff's Amended Complaint, filed April 24, 2006 Defendant Merchant Money Tree, Inc.'s First Amended Answer, Affirmative Defenses, and CounterClaims in Response to Plaintiff's Amended Complaint, filed July 7, 2006 Reach Financial, LLC's Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Reach Financial, LLC, dated 9/22/06 Reach Financial, LLC's Amended Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Reach Financial, LLC, dated 12/1/06 Reach Financial, LLC's Amended Response and Objections to AdvanceMe, Inc.'s Interrogatory No. 7 to Defendant Reach Financial, LLC, dated 1/10/07 Reach Financial, LLC's Second Amended Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Reach Financial, LLC, dated 1/12/07 Reach Financial, LLC's Third Amended Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Reach Financial, LLC, dated 3/2/07

BATES NO. Docket No. 72 A X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

7

Docket No. 37

B

X

X

7/16/07

8

Docket No. 71

A

X

X

7/16/07

14

B

X

X

7/16/07

15

B

X

X

7/16/07

16

B

X

X

7/16/07

Benedict

17

B

X

X

7/16/07

Benedict

18

A

X

X

7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 2 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 19

Document 350

Filed 09/10/2007

Page 3 of 33

DESCRIPTION Merchant Money Tree, Inc.'s Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Merchant Money Tree, Inc., dated 9/22/06 Merchant Money Tree, Inc.'s Amended Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Merchant Money Tree, Inc., dated 12/1/06 Merchant Money Tree, Inc.'s Amended Response and Objections to AdvanceMe, Inc.'s Interrogatory No. 7 to Defendant Merchant Money Tree, Inc. , dated 1/10/07 Merchant Money Tree, Inc.'s Second Amended Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Merchant Money Tree, Inc., dated 1/12/07 [Jackson Exh. 3] Merchant Money Tree, Inc.'s Third Amended Responses and Objections to AdvanceMe, Inc.'s First Set of Interrogatories to Defendant Merchant Money Tree, Inc., dated 3/2/07 Defendants' First Set of Interrogatories to Plaintiff AdvanceMe, Inc., dated 9/1/06 Defendants' Amended First Set of Interrogatories to Plaintiff AdvanceMe, Inc., dated 9/26/06 Plaintiff AdvanceMe Inc.'s Objections and Response to Defendants' Amended First Set of Interrogatories to Plaintiff AdvanceMe, Inc., dated 10/31/06

BATES NO. B X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

20

B

X

X

7/16/07

21

A

X

X

7/16/07

22

B

X

X

7/16/07

Jackson

23

A

X

X

7/16/07

24 25 26

B B B

X X X

X X X

7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 3 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 27

Document 350

Filed 09/10/2007

Page 4 of 33

DESCRIPTION Plaintiff AdvanceMe, Inc.'s Supplemental Objections and Responses to Defendants' Amended First Set of Interrogatories, dated 1/12/07 Defendants' Second Set of Interrogatories to Plaintiff AdvanceMe, Inc., dated 2/2/07 Plaintiff AdvanceMe, Inc.'s Objections and Responses to Defendants' Second Set of Interrogatories, dated 3/8/07 File History for United States Patent No. 6,826,544 File History for United States Patent No. 6,941,281 Declaration of Allen Abbot, dated December 21, 2006 [Abbott Exh. 4] Letter dated December 27, 1989 from A. Abbott to T. Litle [Abbot Exh. 5] "People thought I was nuts," Forbes, June 8, 1992 [Abbott Exh. 6; Bouchard Exh. 6; Headlund Pltf's Exh. 7; Litle Exh. 6] Irrevocable Payment Instructions [Benedict Exh. 2] "Merchant Financing Program" [Benedict Exh. 3] Letter dated March 20, 2006 from T. Bragg to M. McCabe [Benedict Exh. 4]

BATES NO. B X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

28 29 30 31 32 33 34 35 36 37

B B FHC0001 FHC0830 281FH0001 281FH0963 A A C LI_00065 LI_00066 LI_00001 LI_00003 RF_00045 RF_00046 RF_00040 RF_00034 C B A B B

X X X X X X X X X X

X X X X X X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 Benedict Benedict

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 4 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 38 39 40 41 42 43 44 45 46 47

Document 350

Filed 09/10/2007

Page 5 of 33

DESCRIPTION "Your FINANCIAL needs are now within REACH!" [Benedict Exh. 5] "10 Top Reasons Small Businesses Get Working Capital from REACH Financial" [Benedict Exh. 6] "Reach Merchant Financing Program" [Benedict Exh. 7] "Company X: Reach Merchant Financing Program" [Benedict Exh. 8] "Central BANCARD: Reach Merchant Financing Program" [Benedict Exh. 9] Letter from Reach Financial, LLC to Merchant [Benedict Exh. 10] Application Sheet [Benedict Exh. 11] Reach Financial, LLC, Purchase Agreement [Benedict Exh. 12; Headlund Pltf's Exh. 18] Reach Financial, LLC, Purchase Agreement Rider [Benedict Exh. 13] Letter dated September 16, 2005 from W. Benedict to Comdata Processing Systems [Benedict Exh. 14; Carter Exh. 3]

BATES NO. RF_00035 RF_00033 RF_00037 RF_00036 RF_00039 RF_00041 RF_00042 RF_00043 RF_00044 RF_00047 RF_00049 RF_00050 B B B B B B A A A A X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 Benedict Carter Benedict Benedict Benedict Benedict

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 5 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 48

Document 350

Filed 09/10/2007

Page 6 of 33

DESCRIPTION Excerpts from Reach Finance, L.P. presentation [Benedict Exh. 15]

BATES NO. RF_00059, RF_00063, RF_00070 RF_00071, RF_00083 RF_00084, RF_00088 RF_00089 RF_00121 RF_00177 B X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

49 50 51

Summary Report: Funding Equity: Reach Financial LLC as of 9/6/2005 [Benedict Exh. 16] Resume of Laurent F. (Larry ) Bouchard [Bouchard Exh. 3] Member Agreement between Litle & Company and National Processing Company, dated June 9, 1992 [Bouchard Exh. 4; Bourne Exh. 6; Litle Exh. 4] Demand Promissory Notes for Postage Advances [Bouchard Exh. 5]

A C

X X X

X X X

7/16/07 7/16/07 7/16/07

Benedict

LI_00017 LI_00029 LI_00004, LI_00008, LI_00033, LI_00035 LI_00036, LI_00038, LI_00040, LI_00042, LI_00055, LI_00057

B

Bouchard

52

B

X

X

7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 6 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 53 55 56 57 58 59 60

Document 350

Filed 09/10/2007

Page 7 of 33

DESCRIPTION Letter dated February 17, 1994 from Boston Publishing Company, Inc. to M. Duffy [Bouchard Exh. 7; Litle Exh. 5] Spreadsheet [Boudette Exh. 2; Burnside Exh. AM-2; Hardwick Exh. 3; G. Johnson Exh. 2; Morgenstein Exh. 4] "Competitive Landscape" spreadsheet [Boudette Exh. 3; Burnside Exh. AM-3; Morgenstein Exh. 5] E-mail dated July 7, 2006 from T. Litle to D. Goldin [Bourne Exh. 3] E-mail dated December 5, 2006 from D. Goldin to R. Bourne [Bourne Exh. 4] Declaration of John Randall Bourne, dated January 26, 2007 [Bourne Exh. 5] E-mails dated January 16 and January 27, 2006, attaching Reach MicroLoan Daily Reports [Carter Exh. 2]

BATES NO. LI_00030 LI_00031 AM_02149 ADVAM0004110 C C C C C C COMDATA0001 COMDATA0004; COMDATA1475 COMDATA1476 RF_00051 RF_00052 A X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS* Bouchard; Litle

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

Litle

Carter

61

Irrevocable Payment Instructions dated September 19, 2005 between Comdata Processing System and Reach Finance, L.P. [Carter Exh. 4; Headlund Exh. 20]

A

X

X

7/16/07

Carter

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 7 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 62

Document 350

Filed 09/10/2007

Page 8 of 33

DESCRIPTION E-mail dated October 25, 2006 from M. Leary to B. Clanton and Admin. Sales [Carter Exh. 5] E-mail from M. Leary to Admin. Sales and B. Clanton [Carter Exh. 6] E-mail dated October 10, 2006 from M. Leary to B. Clanton and Admin. Sales [Carter Exh. 7] E-mail dated November 27, 2006 from M. Leary to B. Clanton and Admin. Sales, and e-mail dated January 12, 2007 from B. Clanton to Admin. Sales [Carter Exh. 8] United States Patent No. 6,941,281 [Elasri Exh. 13; Headlund Plft's Exh. 2; Jackson Exh. 2; B. Johnson Exh. 2; G. Johnson Exh. 1] Pages from Hidden Value Systems website: "Creating More from What's Already There [Falke Exh. 1] Capital Access Network, Inc. Business Plan dated December 1998 [Falke Exh. 2] Countrywide Business Alliance Business Plan dated August 1999 [Falke Exh. 3; Gepford Exh. 3; Hardwick Exh. 5]

BATES NO. COMDATA0276 COMDATA0279 COMDATA0073 COMDATA0077 COMDATA0365 COMDATA0366 COMDATA0166; COMDATA0007 COMDATA0008 B X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS* Carter

7/16/07

63

B

X

X

7/16/07

Carter

64

B

X

X

7/16/07

Carter

65

B

X

X

7/16/07

Carter

182

A

X

X

7/16/07

Jackson; Suckow

183 184 185

B CH0042 - CH0044 CH0051 - CH0054 B B

X X X

X X X

7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 8 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 186

Document 350

Filed 09/10/2007

Page 9 of 33

DESCRIPTION Letter dated October 29, 1992 from L. Suckow to Participating LeCARD Restaurateur [Falke Exh. 4; Hardwick Exh. 6; Konop Exh. 3; Secher Exh. 2; Suckow Exh. 3] Transmedia Network Inc. Form 10-K for year ended September 30, 1995 [Falke Exh. 5; Headlund Pltf's Exh. 10; B. Johnson Exh. 6] "Dining cards: Will work for food," The South Florida Business Journal, August 5, 1996 [Falke Exh. 6] Capital Access Network presentation, May 2001 [Falke Exh. 7; Goldman Exh. 6] United States Patent No. 6,826,544 [Falke Exh. 8; B. Johnson Exh. 3] Biographies for Les Falke and Steven Hunter [Falke Exh. 9] Amendment and Response in the United States Patent and Trademark Office, Application 08/890,398, filed January 22, 1999 [Falke Exh. 10] Competitive Landscape spreadsheet [Gepford Exh. 4; Hardwick Exh. 8] Competition Comparison spreadsheet [Gepford Exh. 5; Goldman Exh. 1; Hardwick Exhs. 3, 4] Page from Acacia Funding website: "How It Works" [Gepford Exh. 6]

BATES NO. LC_00001 B X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

187

TR 00001 - TR 00062

B

X

X

7/16/07

188 189 190 191 192

C ADV 0005691 ADV 0005698 B B ADVAM 00057775 B B

X X X X X

X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

193 194 195

ADVAM0004110 AM_02149 AM_02151

C C C

X X X

X X X

7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P la in tiff's Exhibit List - Page 9 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 196 197 198 199

Document 350

Filed 09/10/2007

Page 10 of 33

DESCRIPTION Page from Sterling Funding website [Gepford Exh. 7] Letter dated June 7, 2006 from J. Gepford to T. Gilbert [Gepford Exh. 8] Organization chart for AdvanceMe Sales and Marketing Department [Goldman Exh. 2] E-mail dated September 29, 2003 from R. Baker to J. Konop and M. Weigel [Goldman Exh. 3] E-mail dated September 29, 2003 from J. Konop to R. Baker [Goldman Exh. 4] E-mail dated October 22, 2003 from R. Baker to Executives [Goldman Exh. 5] Comprehensive Report regarding L. Suckow [Goldman Exh. 7] AdvanceMe, Inc. Leadership Conference, May 30, 2003 - June 1, 2003 [Hardwick Exh. 8] In Good Taste, Leadership Conference, May 30 - June 1, 2003 presentation [Hardwick Exh. 9] Letter dated July 19, 2005 from T. Burnside to C. Hardwick [Hardwick Exh. 10]

BATES NO. C C ADV 0005709 ADVAM0004750 ADVAM0004751 ADVAM0004752 ADVAM0004753 ADVAM0004802 ADVAM0004804 ADV0005351 ADV0005367 CH0006 - CH0007 CH0008 - CH0035 B B X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07

200

B

X

X

7/16/07

201

B

X

X

7/16/07

202 203 204 205

B B B B

X X X X

X X X X

7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 10 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 206

Document 350

Filed 09/10/2007

Page 11 of 33

DESCRIPTION Severance Agreement and Release dated January 5, 2006 between AdvanceMe, Inc. and Cliff Hardwick [Hardwick Exh. 11] List of Documents for AdvanceMe Inc. [Hardwick Exh. 12] Promissory Note for Postage Advances dated June 22, 1990 by Litle & Co. to Exposures, Inc. [Headlund Defs' Exh. 1] Demand Promissory Note for Postage Advances dated June 19, 1991 by Litle & Co. to Exposures, Inc. [Headlund Defs' Exh. 2] Memorandum Opinion and Order filed December 21, 2006 [Headlund Pltf's Exh. 3] Expert Report of Donald Headlund [Headlund Pltf's Exh. 4] Rebuttal Expert Report of Donald Headlund dated April 2, 2007 [Headlund Pltf's Exh. 5] Member Agreement dated June 9, 1992 between Litle & Company, Inc., National Processing Company, Inc., First National Bank of Louisville and Museum Publications of America [Headlund Pltf's Exh. 6] Letter dated February 17, 1994 from Boston Publishing Company, Inc. to M. Duffy [Headlund Pltf's Exh. 8] Letter dated October 29, 1992 from L. Suckow to Participating LeCARD Restaurateur with attachments [Headlund Pltf's Exh. 9; B. Johnson Exh. 1; Landon Exh. 3; McBrearty Exh. DC3; Sorwell Exh. 3; Suckow Exh. 9]

BATES NO. B X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

207 208 209 210 211 212 213

CH0001 - CH0002 LI_00004 LI_00008 Docket No. 182

B B B A A A

X X X X X X X

X X X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

LI_00017 LI_00029

B

214 215

LI_00030 LI_00031 LC_00001 LC_00012

C B

X X

X X

7/16/07 7/16/07 Suckow

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 11 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 216

Document 350

Filed 09/10/2007

Page 12 of 33

DESCRIPTION Deposition of Elliott Merberg in Transmedia Restaurant Co., et al. vs. 33 E. 61st Street Restaurant Corp., Supreme Court of the State of New York, Index No. 601140/98, dated May 24, 1999 [Headlund Pltf's Exh. 11] Cash Advance Agreement [Headlund Pltf's Exh. 17; Jackson Exh. 7] Letter dated September 16, 2005 from W. Benedict to Comdata Processing Systems [Headlund Pltf's Exh. 19] E-mail dated March 30, 2007 from J. Gray to D. Headlund and J. Savant [Headlund Pltf's Exh. 21] Merchant Money Tree advertisement [Jackson Exh. 4] Merchant Money Tree advertisement [Jackson Exh. 5] Merchant Money Tree advertisement [Jackson Exh. 6] Cash Advance Agreement with Merchant Money Tree, Inc. [Jackson Exh. 8] Cash Advance Agreement with Money for Merchants, LLC [Jackson Exh. 9] Cash Advance Agreement with Money for Merchants, LLC [Jackson Exh. 10] Exhibit A: Letter dated August 30, 2006 from merchant to Global Payments Direct, Inc. [Jackson Exh. 11]

BATES NO. TR 00062 - TR 00077A C X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

218 219 220 221 222 223 224 225 226 227

MMT_00002 MMT_00007 RF_00053 RF_00054

A A B

X X X X X X X X X X

X X X X X X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

Jackson

MMT_00001 MMT_00008 MMT_00012 MMT_00016 MMT_00020 MMT_00021 MMT_00024 MMT_00682 MMT_00685 MMT_00184 MMT_00186

B B B A A A A

Jackson Jackson

Jackson

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 12 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 228

Document 350

Filed 09/10/2007

Page 13 of 33

DESCRIPTION ISO Portfolio Transfer and Services Agreement dated June 28, 2002 between Merchant Data Systems, Inc. and Legacy Merchant Services, Inc. [Jackson Exh. 12] Merchant Data Systems Merchant Services Agreement package [Jackson Exh. 13] Marketing Agreement dated April 24, 2002 between Electronic Payment Systems, LLC and Legacy Merchant Services, Inc. [Jackson Exh. 14] Electronic Payment Systems Merchant Application [Jackson Exh. 15] AmeriMerchant Payment Systems Sales Agent Agreement dated July 10, 2006 between AmeriMerchant Payment Systems, Inc. and Merchant Money Tree, Inc. [Jackson Exh. 16] Cash Advance Agreement dated May 12, 2006 between Merchant Money Tree, Inc. and A & R Auto Repair [Jackson Exh. 17] Pay by Touch Processing Adjustment Form dated August 22, 2006 [Jackson Exh. 18] E-mail dated February 7, 2006 from J. Meinel to [e-mail] [Jackson Exh. 19] Balance summary spreadsheet dated July 11, 2006 [Jackson Exh. 20]

BATES NO. MMT_00698 MMT_00704 MMT_00686 MMT_00691 MMT_00705 MMT_00715 MMT_00680 MMT_00681 MMT_00692 MMT_00697 MMT_00716 MMT_00720 MMT_01146 MMT_01149 MMT_01639 MMT_01354 MMT_01358 A X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

229 230

A A

X X

X X

7/16/07 7/16/07

Jackson Jackson

231 232

A A

X X

X X

7/16/07 7/16/07

Jackson Jackson

233 234 235 236

A A B A

X X X X

X X X X

7/16/07 7/16/07 7/16/07 7/16/07

Jackson Jackson Jackson Jackson

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 13 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 237

Document 350

Filed 09/10/2007

Page 14 of 33

DESCRIPTION E-mails from AmeriMerchant Payment Systems to [e-mail] [Jackson Exh. 21] E-mail dated August 25, 2006 from AmeriMerchant Payment Systems to [e-mail] [Jackson Exh. 22] Request for Extension-of-Time and Amendment in the United States Patent and Trademark Office, Application 09/356,711, filed July 14, 2004 [B. Johnson Exh. 4] First USA Merchant Bankcard Application Packet [B. Johnson Exh. 5] Declaration of Self-Authentication of Business Records [of Paymentech, L.P.] [B. Johnson Exh. 7] Declaration of Self-Authentication of Business Records [of Clever Ideas-LeCard, Inc.] [B. Johnson Exh.8] "Lending a hand," Go, May 2006 [B. Johnson Exh. 9] Vertrue Inc. Form 10-Q for period ending March 31, 2004 [G. Johnson Exh. 3] Capital Access Network, Inc., Countrywide Business Alliance, Inc. Business Plan dated August 1999 [Konop Exh. 4] Tim Litle, "How I Did It: To succeed we have to know four things," Inc. Magazine, September 2006 [Litle Exh. 2] Resume for Thomas J. (Tim) Litle [Litle Exh. 3]

BATES NO. MMT_01670, MMT_01673 MMT_01690 MMT_01655 A X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS* Jackson

7/16/07

238 239

B B

X X

X X

7/16/07 7/16/07

240 241 242 243 244 245 246 247

FUSA 0001 FUSA 0004

B B B B B

X X X X X X X X

X X X X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 Litle

CH0055 - CH0057

B B C

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 14 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 248

Document 350

Filed 09/10/2007

Page 15 of 33

DESCRIPTION Schedule E-1: Demand Promissory Note for Postage Advances, Schedule F-1: Security Agreement and Repayment Schedule for Member Agreement between Litle & Co. and Museum Publications of America [Litle Exh. 7] Interoffice Memorandum dated January 24, 1990 from T. Litle to J. Shirey regarding New Product - Postage Advance [Litle Exh. 8] Schedule E-1: Promissory Note for Postage Advances, Schedule F-1: Security Agreement, Schedule F-4: Security Agreement Schedule E-4: Demand Promissory Note for Postage Advance between Litle & Co. and Exposures, Inc. [Litle Exh. 9] Columns 7 and 8 from United States Patent No. 6,941,281 [Litle Exh. 11] Litle & Co. Invalidity Claim Chart, United States Patent No. 6,941,281 [Litle Exh. 12] Litle Payment Processing Services [Litle Exh. 13] File folder tab: "17. Postage Advance" [Litle Exh. 14] E-mail dated April 26, 2006 from D. Goldin to T. Litle [Litle Exh. 15] E-mail dated June 27, 2006 from T. Litle to D. Goldin [Litle Exh. 16] Profile for William Morgenstein, Who's Who in America (61st ed. 2007) [Morgenstein Exh. 3]

BATES NO. LI_00033 LI_00035 B X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07

249

LI_00063 LI_00067 LI_00004 LI_00008

C

X

X

7/16/07

250

B

X

X

7/16/07

251 252 253 254 255 256 267

C C B C C C C

X X X X X X X

X X X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 15 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 268 269 270 271 272 273 274 275 276 277 278

Document 350

Filed 09/10/2007

Page 16 of 33

DESCRIPTION Letter dated March 26, 2005 from W. Morgenstein to J. Valeo [Morgenstein Exh. 6] E-mail dated May 7, 2005 from W. Morgenstein to N. Warshaw [Morgenstein Exh. 7] E-mail dated May 6, 2005 from N. Warshaw to W. Mogenstein [Morgenstein Exh. 8] Undated letter from W. Morgenstein to T. Burnside [Morgenstein Exh. 9] Memorandum dated May 30, 2005 from W. Morgenstein to V. Cundiff [Morgenstein Exh. 10] Letter dated January 17, 2000 from L. Falke to W. Morgenstein [Morgenstein Exh. 11] Letter dated July 23, 1992 from L. Suckow to Restaurateur [Secher Exh. 3] Agreement dated March 20, 1995 between Clever Ideas-LeCard, Inc. and Bravo Cucina, Inc. [Secher Exh. 4; Suckow Exh. 1] Agreement dated April 24, 1994 between Clever Ideas-LeCard, Inc. and Mangia, Inc./Calmart Inc. [Suckow Exh. 2] LeCard Statement for period June 1, 1996 through June 15, 1996 sent to Club Lucky [Suckow Exh. 4] Example of Diners Club Statement [Suckow Exh. 5]

BATES NO. C C C C C C LC_00006 LC_00007 LC_00008 LC_00009 LC_00010 LC_00011 LC_00012 LC_00004 C B B B B X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 16 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 279 280 281 303

Document 350

Filed 09/10/2007

Page 17 of 33

DESCRIPTION Letter dated July 28, 2006 from R. Matz to L. Suckow [Suckow Exh. 6] Handwritten Notes: "Transaction in Restaurant" [Suckow Exh. 7] Handwritten Notes: "Transaction back to Restaurant" [Suckow Exh. 8] E-mail dated September 21, 2004 from H. Harp to L. Hauber, K. McLane, J. Street, J. Fink, D. Brown, C. Ketelsen, B. Brockway, B. McLane and K. Springer [Wilden Exh. 2] CBL Agent Notification #2 dated September 20, 2004 [Wilden Exh. 3] Reach Financial, LLC Purchase Agreement [Wilden Exh. 4] Irrevocable Payment Instructions [Wilden Exh. 5] Form Letter to Merchant from Reach Financial LLC [Wilden Exh. 6] CentralBANCARD LLC advertisement [Wilden Exh. 7] E-mail dated November 30, 2006 from T. Wilden to H. Harp [Wilden Exh. 8] E-mail dated January 10, 2005 from J. Fink to T. Wilden [Wilden Exh. 9] E-mail dated January 5, 2005 from J. Fink to T. Wilden [Wilden Exh. 10]

BATES NO. C B B B X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 Wilden

304 305 306 307 308 309 310 311

B A A A B B B B

X X X X X X X X

X X X X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 Wilden Wilden Wilden Wilden

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 17 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 312 313 314 315 316 317 318

Document 350

Filed 09/10/2007

Page 18 of 33

DESCRIPTION E-mail dated August 1, 2006 from D. Brown to B. Clanton [Wilden Exh. 11] E-mail dated September 1, 2006 from D. Brown to L. Hauber, J. Fink, K. McLane, B. Howard and T. Wilden [Wilden Exh. 12] E-mail dated September 21, 2004 from H. Harp to K. Springer and T. Wilden [Wilden Exh. 13] CBL Merchants - Reach Financial dated February 16, 2007 [Wilden Exh. 14] E-mail dated July 18, 2006 from J. Fink to T. Wilden [Wilden Exh. 15] VeriFone product datasheet for Tranz 830 [Exh. 3 to Shamos Report] Datasheet to VeriFone TXO Operating Environment: A Versatile Operating Environment for Omni Transaction Systems [Exh. 4 to Shamos Report] VeriFone: SC Product Family Technical Overview [Exh. 5 to Shamos Report] United States Patent No. 5,307,350 United States Patent No. 5,425,080 United States Patent No. 5,844,219 United States Patent No. 4,678,896

BATES NO. B B B B B A A X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 Wilden Wilden Wilden

319 320 321 322 323

A A A A A

X X X X X

X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 18 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 324 325 326 327

Document 350

Filed 09/10/2007

Page 19 of 33

DESCRIPTION VeriFone Timeline: 25 Years of Leadership in Global Payments VeriFone Tranz 330 Business Payment Systems: History of the Point-of-Sale Terminal Echo Montgomery Garrett, "Travel Clubs Can Cut Your Vacation Costs in Half," Money, February 1, 1993 (from CNNMoney website) Echo Montgomery Garrett, "Travel Clubs Can Cut Your Vacation Costs in Half," Money, February 1, 1993 Cheryl Kane Heimlich, "Dining card menu features lots of options," South Florida Business Journal, August 2, 1996 (from bizjournals website) Cheryl Kane Heimlich, "Dining card menu features lots of options," South Florida Business Journal, August 2, 1996 Cheryl Kane Heimlich, "Dining cards: Will work for food," South Florida Business Journal, August 2, 1996 (from bizjournals website) Cheryl Kane Heimlich, "Dining cards: Will work for food," South Florida Business Journal, August 2, 1996 Kara Glover, "Restaurateurs split on utility of new dining-out card - Transmedia Network Inc. promotion," Los Angeles Business Journal, September 5, 1994

BATES NO. B A A LC_00013 LC_00015 LC_00016 LC_00018 TR 00077 - TR 00079 TR 00080 - TR 00081 TR 00082 - TR 00084 TR 00085 - TR 00087 TR 00088 - TR 00091 C X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07

328 329

C C

X X

X X

7/16/07 7/16/07

330 331

C C

X X

X X

7/16/07 7/16/07

332 333

C C

X X

X X

7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 19 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 334 335 336 337 338 339 340 341 342 343 344 345

Document 350

Filed 09/10/2007

Page 20 of 33

DESCRIPTION Rewards Network Inc. company profile from Answers.com Capital Access Network, Inc. Business Plan, December 1998, Copy Number 1 Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 1 Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 14 Letter dated December 29, 1998 from L. Falke to J. Massimo Letter dated December 29, 1998 from L. Falke to A. Ross Letter dated December 30, 1998 from L. Falke to Steve Letter dated December 30, 1998 from L. Falke to Mark Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 28, cover sheet Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 29, cover sheet Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 30, cover sheet Pages from Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 30

BATES NO. TR 00092 TR00101 CH0039 - CH0041 CH0045 - CH0047 CH0048 - CH0050 CH0062 CH0063 CH0064 CH0065 CH0069 CH0070 CH0071 CH0072 - CH0073 B B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 20 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 346 347 348 349 350 351 352

Document 350

Filed 09/10/2007

Page 21 of 33

DESCRIPTION Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, December 1998, Copy Number 1 Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, December 1998, Copy Number X Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 1 Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 14 Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 1 Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 23 Countrywide Business Alliance, Inc. Business Model Assumptions and Addition Financing Summary, dated January 4, 2000 Letter dated August 18, 1999 from L. Falke to D. Wolf Letter dated August 18, 1999 from L. Falke to J. Epstein Capital Access Network, Inc./Countrywide Business Alliance, Inc. Business Plan, August 1999, Copy Number 1 Facsimile transmission from C. Hamrah to L. Falke

BATES NO. CH0075 - CH0109 CH0110 - CH0130 CH0131 - CH0148 CH0149 - CH0170 CH0171 - CH0186 CH0187 - CH0216 CH 00217 - CH 00222 CH 00253 CH 00254 CH 00255 - CH 00262 CH 00263 - CH 00265 B B B B B B B X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 Falke

353 354 355 356

B B B B

X X X X

X X X X

7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 21 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 357 358 359 360 361 362 363 364 365 366 367

Document 350

Filed 09/10/2007

Page 22 of 33

DESCRIPTION Copy of CD produced by M. Shamos on April 2, 2007, with cover letter Merchant Money Tree website Reach Financial website First Funds website AdvanceMe, Inc. Sales Restructure Plan, April 27, 2005 AdvanceMe, Inc. 2005 - Operation Mend the Field E-mail dated October 11, 2002 from G. Goldman to R. Ferrante E-mail dated February 25, 2003 from R. Baker to R. Ferrante Form Confidentiality Agreement, as of April 25, 2002 Form Confidentiality Agreement, as of May 23, 2002 Capital Access Network, Inc. Non-Disclosure and Assignment of Inventions Agreement, as of May 23, 2002

BATES NO. B ADV0000001 ADV0000016 ADV0000017 ADV0000026 ADV0000027 ADV0000046 ADV0004009 ADV0004034 ADV0004035 ADV0004041 ADV0004042 ADV0004045 ADV0004046 ADV0004049 ADV0004050 ADV0004052 ADV0004053 ADV0004056 ADV0004064 ADV0004065 A A A B B B B B B B X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 22 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 368 369 370 371 372 373 374 375 376 377 378

Document 350

Filed 09/10/2007

Page 23 of 33

DESCRIPTION Overview: Capital Access Network, Inc. ("CAN"), May 2003 AdvanceMe, Inc. Additional Terms of the Merchant Agreement Capital Access Network presentation AdvanceMe, Inc. Merchant Agreement Draft Strategic Plan Discussion, March 10, 2002 Capital Access Network, Inc. Fundings from 1/1/2000 to 3/13/2002, dated March 14, 20022 Capital Access Network Executive Summary AdvanceMe, Inc. company overview CAN versus Traditional Lenders, November 2, 2001 Spreadsheet of due diligence information regarding merchants' UCC filings, for period October 17, 2001 to April 12, 2003 Presentation materials regarding AdvanceMe's sales, dated May 16, 2003

BATES NO. ADV0004066 ADV0004069 ADV0004077 ADV0004081 ADV0004090 ADV0004110 ADV0004132 ADV0004133 ADV0004163 ADV0004164 ADV0004167 ADV0004169 ADV0004170 ADV0004174 ADV0004289 ADV0004318 ADV0004349 ADV0004351 ADV0004431 ADV0004490 ADV0004491 ADV0004499 B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 23 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 379 380 381 382 383 384 385 386 387 388 389

Document 350

Filed 09/10/2007

Page 24 of 33

DESCRIPTION E-mail dated November 27, 2001 from L. Falke to G. Goldman, R. Baker, T. Burnside and J. Konop, with attachment AdvanceMe, Inc. "financial solutions to Advance your businessSM" presentation, dated January 7, 2004 Marketing Report presentation Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, April 25, 2001 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, February 22, 2001 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, December 8, 2000 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, July 25, 2000 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, April 13, 2000 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, March 10, 2000 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, January 13, 2000 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, December 14, 1999

BATES NO. ADV0004742 ADV0004747 ADV0004808 ADV0004818 ADV4845 ADV4859 ADV5054 ADV5055 ADV5056 ADV5057 ADV5058 ADV5059 ADV5060 ADV5062 ADV5063 ADV5065 ADV5066 ADV5067 ADV5068 ADV5069 ADV5070 ADV5071 B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 24 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 390 391 392 393 394 395 396 397 398 399 400

Document 350

Filed 09/10/2007

Page 25 of 33

DESCRIPTION Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, September 17, 1999 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, July 15, 1999 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, June 9, 1999 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, September 1, 1998 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, April 25, 2001 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, July 13, 2001 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, August 7, 2001 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, October 19, 2001 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, May 20, 2003 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, September 22, 2005 Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, December 14, 2005

BATES NO. ADV5072 ADV5073 ADV5074 ADV5075 ADV5076 ADV5077 ADV5078 ADV5079 ADV5080 ADV5081 ADV5082 ADV5083 ADV5084 ADV5085 ADV5086 ADV5087 ADV5088 ADV5090 ADV5091 ADV5092 B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 25 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 401 402 403 404 405 406 407 408 409 410 411

Document 350

Filed 09/10/2007

Page 26 of 33

DESCRIPTION Capital Access Network, Inc. Minutes of the Meeting of the Board of Directors, March 29, 2006 Capital Access Network, Inc. Board of Directors Meeting, April 25, 2001, Agenda Capital Access Network, Inc. Board of Directors Meeting, October 19, 2001, Agenda Capital Access Network, Inc. Board of Directors Meeting, May 20, 2003, Agenda Capital Access Network, Inc. Board of Directors Meeting, September 22, 2005, Agenda Capital Access Network, Inc., Board of Directors Meeting, December 14, 2005, Agenda Capital Access Network, Inc., Board of Directors Meeting, March 29, 2006, Agenda AdvanceMe, Inc. company information Page from Clever Ideas, Inc. website: "Financing, Clever CashSM" Page from Clever Ideas, Inc. website: "About Us, Company History" iDine Rewards Network Inc. and Subsidiaries, Notes to Consolidated Financial Statements

BATES NO. ADV5093 ADV5094 ADV5095 ADV5096 ADV5097 ADV5098 ADV5099 ADV5100 ADV5101 ADV5102 ADV5103 ADV5207 ADV5383 ADV5418 ADV5419 ADV5481 ADV5513 B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 26 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426

Document 350

Filed 09/10/2007

Page 27 of 33

DESCRIPTION Direct Competitors table Page from Clever Ideas, Inc. website: "Financing, Impact Your Bottom Line" Letter dated February 3, 2006 from P. Sanz to J. M. Replogle Handwritten notes E-mail dated August 26, 2005 from G. Goldman to J. Konop E-mail dated August 26, 2005 from J. Konop to G. Goldman Development Plan for John Konop E-mail dated January 23, 2004, 4:30 pm, from M. DoRan to G. Goldman E-mail dated January 23, 2004, 4:57 pm, from M. DoRan to G. Goldman Handwritten notes dated February 28, 2002 Handwritten notes E-mail dated October 19, 1999 from L. Falke to J. Bolano Handwritten notes Handwritten notes Handwritten notes, dated November 12, 2003

BATES NO. ADV0005726 ADV0005727 ADV0005952 ADV0005955 ADV0005956 ADV0005959 ADV0005963 ADV0005964 ADV0005965 ADV0005966 ADV0005968 ADV0005969 ADV0005974 ADV0005975 ADV0005976 ADV0005978 ADV0005979 ADV0005980 ADV0005981 B B B B B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 27 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 427 428 429 430 431 432 433 434 435 436 437 438 439 440

Document 350

Filed 09/10/2007

Page 28 of 33

DESCRIPTION Handwritten notes, dated February 5, 2004 Handwritten notes, dated May 14, 2004 Handwritten notes Handwritten notes Handwritten notes, dated June 4, 2004 Handwritten notes, dated September 14, 2004 Handwritten notes, dated January 16, 2005 Handwritten notes Handwritten notes, dated July 1, 2005 Handwritten notes, dated July 25, 2005 Handwritten notes E-mail dated August 15, 2005, 2:07 pm, from G. Goldman to J. Konop E-mail dated August 15, 2005, 2:07 pm, from J. Konop to G. Goldman E-mail dated August 15, 2005, 1:50 pm, from G. Goldman to J. Konop

BATES NO. ADV0005982 ADV0005985 ADV0005986 ADV0005988 ADV0005989 ADV0005993 ADV0005994 ADV0005995 ADV0005996 ADV0005997 ADV0005998 ADV0005999ADV0006002 ADV0006003 ADV0006004 ADV0006005 ADV0006006 B B B B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 28 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 441 442 443 444 445 446 447 448 449 450 451 483 484

Document 350

Filed 09/10/2007

Page 29 of 33

DESCRIPTION List with handwritten notes Handwritten notes Handwritten notes Handwritten notes Handwritten notes Handwritten notes, dated May 2, 2005 E-mail dated October 12, 2004 from J. Konop to G. Goldman Handwritten notes E-mail dated June 13, 2005 from J. Konop to T. Burnside, G. Goldman and F. Fatras Acknowledgement of Receipt of AdvanceMe, Inc.'s Anti-Harassment Policy by J. Konop, dated February 23, 2003 Acknowledgement of Receipt of Anti-Harassment Policy by J. Konop, dated January 10, 2002 Central BanCARD advertisement: "Merchant Financing Program Fax transmittal dated April 21, 2006 from P. Sanz to B. Benedict with Confidential Information Non-Disclosure and Non-Use Agreement attached

BATES NO. ADV0006007 ADV0006008 ADV0006009 ADV0006010 ADV0006012 ADV0006013 ADV0006017 ADV0006018 ADV0006020 ADV0006055 ADV0006056 RF_00038 RF_00055 RF_00058 B B B B B B B B B B B A B X X X X X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 29 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 485 486 487 488 489 490 491 492 493 494 495 496 497

Document 350

Filed 09/10/2007

Page 30 of 33

DESCRIPTION Reach Finance, L.P. presentation Letter dated April 21, 2006 from W. Benedict to J. Gallen Letter dated July 27, 2004 from W. Benedict to J. Gallen AdvanceMe, Inc. information sheet AdvanceMe Lawsuit Purchase agreements and payment instructions Withholdings Reach Withholding Worksheet for Central Bancard E-mail dated October 18, 2006 from B. Clanton to M. Leary E-mail dated November 1, 2006 from B. Clanton to M. Leary E-mail dated October 31, 2006 from B. Clanton to M. Leary E-mail dated January 25, 2007 from M. Leary to C. Lowrey with attachment E-mail dated January 29, 2007 from M. Leary to J. Fink with attachment

BATES NO. RF_00059 RF_00097 RF_00098 RF_00100 RF_00101 RF_00102 RF_00103 RF_00108 RF_00178 RF_00526 RF_00527 RF_01003 RF_00957 RF_01004 RF_01005 RF_01006 RF_01007 RF_01008 RF_01009 RF_01010 RF_01011 B B B B B B B B B B B B B X X X X X X X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 30 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 498 499 500 501 502

Document 350

Filed 09/10/2007

Page 31 of 33

DESCRIPTION E-mail dated January 9, 2007 from M. Leary to [e-mail] and B. Clanton with attachment Quad City Bank & Trust Statement of Account dated January 13, 2007, for Reach Financial account # 3631645 Checking Account Inquiry dated February 5, 2007 for Reach Financial account # 3631645 regarding The Angel Checking Account Inquiry dated February 5, 2007 for Reach Financial account # 3631645 regarding Blue Iguana Checking Account Inquiry dated February 5, 2007 for Reach Financial account # 3631645 regarding Atlanta Steakhouse & Grill Purchase Agreement dated January 5, 2005 between Reach Financial, LLC and C&L Inc. Purchase Agreement dated September 9, 2005 between Reach Finance, L.P. and Cipriani Foods LLC Letter dated January 20, 2006 from W. Benedict to M. Griffith Cash advance agreements Adjustment forms

BATES NO. RF_01012 RF_01014 RF_01015 RF_01022 RF_01023 RF_01024 RF_01025 RF_01026 RF_01027 RF_01028 RF_01029 RF_01030 RF_01031 RF_01039 RF_01040 MMT_00035 MMT_01145 MMT_01146 MMT_01641 B B B B B X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

503 504 507 508 509

A A A A B

X X X X X

X X X X X

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 31 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 510 511 512 513 514 515 516 517 518 519

Document 350

Filed 09/10/2007

Page 32 of 33

DESCRIPTION E-mail dated September 21, 2006, 7:42 pm, from Amerimerchant Payment Systems to [e-mail] E-mail dated September 21, 2006, 7:43 pm, from Amerimerchant Payment Systems to [e-mail] E-mails from AmeriMerchant Payment Systems to Merchant Money Tree, regarding withholdings E-mail dated August 14, 2006 from J. Meinel to L. Reffel and C. Pearson E-mail dated July 24, 2006 from J. Meinel to [e-mail] E-mail dated September 18, 2006 from J. Meinel to W. Jackson Documents produced by Bank of America CBL Merchants - Reach Financial Referral Agreement dated August 15, 2006 between Reach Financial, LLC and Trisource Solutions, LLC [Benedict Exh. 23] Documents produced by Comdata both before and after Comdata's deposition Documents produced by First USA Merchant Services, Inc.

BATES NO. MMT_01671 MMT_01672 MMT_01673 MMT_01704 MMT_01705 MMT_01706 MMT_01707 BOA0001 BOA0020 CBL0001 CBL0002 CBL0003 CBL0007 COMDATA0001 COMDATA2593 FUSA0001 FUSA0004A B B B B B B B B A A X X X X X X X X X X X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS*

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 7/16/07 Shamos

521

B

X

X

7/16/07

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 32 (Rev. 2.9.05)

Case 6:05-cv-00424-LED EXH . NO. 525 1977 1978 1979 1980

Document 350

Filed 09/10/2007

Page 33 of 33

DESCRIPTION Documents produced by EPS Paymentech press release dated January 30, 2007, "Now Available: Merchant Cash Advance Program [Benedict Exh. 22] Daily Batch Report dated August 29 [Benedict Exh. 17] Reach Withholding Worksheet and e-mails relating to withholdings [Benedict Exh. 18] E-mail dated February 8, 2007 from W. Jackson to D. Goldin

BATES NO. EPS0001 EPS0427 A A RF_00527 RF_00528 RF_00957 RF_01003 AM_02215, AM_02221, AM_02392 AM_02398 AM_02228 AM_02234 RF_00113 RF_00120 RF_00116 RF_00117 B B A X X X X X X X X X X

DATE
C a t e gMra r k ef f eO b je cAo n itte d o y O d re d ti d m

WITNESS* Maley Benedict

7/16/07 7/16/07 7/16/07 7/16/07 7/16/07

Benedict

1981 1982 1983 1984

E-mail dated October 9, 2006 from S. Nakash to D. Goldin, J. Rubin, G. Steffany, [e-mail] Notes of "External Group Meeting," Saturday Meeting 9:30-11:30 a.m. [Benedict Exh. 19] Presentation [Benedict Exh. 20] Designation of Anthony Leroy Wilden Deposition Testimony with exhibits and video disk

A A A A

X X X X

X X X X

7/16/07 7/16/07 7/16/07 7/20/07 Benedict Benedict Wilden

*All of the documents on Plaintiff's Final Trial Exhibit List were admitted into evidence. The witness notations in the "Witness" column solely reflect the identities of the witnesses during whose examinations by plaintiff the exhibits were discussed.
P l a in tiff's Exhibit List - Page 33 (Rev. 2.9.05)