Case docket
United States ex rel. Berteletti v. Kabbage, Inc. — court filings
United States ex rel. Berteletti v. Kabbage, Inc. — 6 court filings in the archive from U.S. District Court for the District of Massachusetts, filed between November 25, 2020 and July 16, 2024. Among them: 2 orders and 1 stipulation.
See also: United States ex rel. Berteletti v. Kabbage, Inc. (MAD 228105) — the same docket (docket No. 1:20-cv-12114) under another case page, 6 public filings; 1 of the documents appear on both pages.
This listing is consolidated at United States ex rel. Berteletti v. Kabbage, Inc. (MAD 228105) — the full docket page for this case, with all 11 filings in the archive.
Case facts
| Caption | United States ex rel. Berteletti v. Kabbage, Inc. |
|---|---|
| Court | U.S. District Court for the District of Massachusetts |
| Docket number | 1:20-cv-12114 |
| Filings | 6 public filings |
| Filed | 2020-11-25 – 2024-07-16 |
| Document types | orders (2), stipulation (1) |
| Original PDFs | 2 of 6 |
Case summary
Relator David Berteletti brought this qui tam action under the False Claims Act in the U.S. District Court for the District of Massachusetts, No. 20-CV-12114-GAO, against Kabbage, Inc., Kabbage Payments LLC and Does 1-50; the complaint was filed under seal on November 25, 2020. The relator filed a notice of partial voluntary dismissal as to Kabbage Payments LLC and Does 1-50 on March 29, 2024. On May 7, 2024 the United States notified the court that it was intervening solely for the purposes of settlement with Kabbage, Inc., stating that it, the wind down officer administering the estate of Kabbage and the relator had executed a settlement agreement effective that day, and the case was unsealed. The court ordered the action dismissed on July 16, 2024.
Case at a glance
| Parties | Plaintiff United States of America ex rel. David Berteletti; defendants Kabbage, Inc., Kabbage Payments LLC and Does 1-50. The settlement agreement is among the United States, the relator, KServicing Wind Down Corp. and the bankruptcy estates of Kabbage, Inc. doing business as KServicing, through wind down officer Jeremiah Foster |
|---|---|
| Court and docket | U.S. District Court for the District of Massachusetts, No. 20-CV-12114-GAO, Judge George A. O'Toole, Jr. |
| Program | Not named in the filings on this page. The complaint's extracted text is page stamps only, so the allegations are not readable here |
| Claims | Qui tam claims under the False Claims Act, 31 U.S.C. § 3730(b) |
| Disposition or status | Dismissed by order of July 16, 2024: Kabbage Payments LLC and Does 1-50 without prejudice as to the relator and the United States; claims against Kabbage, Inc. for the agreement's covered conduct with prejudice as to the United States; all other claims against Kabbage, Inc. without prejudice as to the United States; and all claims against Kabbage, Inc. with prejudice as to the relator |
What did the United States do?
It gave notice on May 7, 2024, under 31 U.S.C. § 3730(b)(2) and (4), of its decision to intervene in the action solely for the purposes of settlement with Kabbage, Inc., and stated that a settlement agreement effective that day resolves the False Claims Act action as to Kabbage.
How was the action dismissed?
By the order of July 16, 2024, on the relator's notice of voluntary dismissal and the United States' consent, under Rule 41(a)(1)(A) and the terms of the May 7, 2024 settlement agreement. The relator stipulated that the allowed claim amount and terms in the agreement are fair, adequate and reasonable and waived a hearing on any objection under 31 U.S.C. § 3730(c)(2)(B).
What does the page hold of the complaint?
The complaint filed November 25, 2020 is 53 pages, and its extracted text on this page is the case caption stamp for each page. No allegation, programme or amount from the complaint is verifiable from the documents on this page.
Summary written from the documents on this page; every sentence is sourced.
Filings
6 public filings from this case, in filing-date order.
- Qui Tam FCA Complaint
- Rule 41 Notice of Partial Voluntary Dismissal
- United States' Notice of Election to Partially Intervene for Purpose of Settlement as to Kabbage, Inc. — Berteletti v. Kabbage
- Joint Stipulation of Dismissal (with Proposed Order) — Berteletti v. Kabbage, Inc. (D. Mass. No. 1:20-cv-12114)Stipulation
- Order of Dismissal — Berteletti v. Kabbage, Inc. (D. Mass. No. 1:20-cv-12114)Order · PDF
- Order of Dismissal - Berteletti v. KabbageOrder · PDF
Court, dates and docket numbers are as recorded on the filings.