Rule 41 Notice of Partial Voluntary Dismissal — Berteletti v. Kabbage (D. Mass. No. 1:20-cv-12114)

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U.S. District Court for the District of Massachusetts · No. 1:20-cv-12114-GAO · Doc. 38 · 2024-03-29 · Docket on CourtListener

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Case 1:20-cv-12114-GAO Document 38 Filed 03/29/24 Page1of2

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
)
UNITED STATES OF AMERICA ex rel. )
DAVID BERTELETTI, )
)
Plaintiff, )
)
v. ) 20-CV-12114-GAO
)
KABBAGE, INC., )
KABBAGE PAYMENTS LLC, ) FILED UNDER SEAL
AND DOES 1-50, )
)
Defendants. )
)

PLAINTIFF-RELATOR’S RULE 41 NOTICE OF PARTIAL VOLUNTARY DISMISSAL

WITHOUT PREJUDICE AS TO KABBAGE PAYMENTS LLC, AND DOES 1-50 ONLY
Pursuant to Fed. R. Civ. P. 41(a)({1)(A)@, the Federal False Claims Act, 31 U.S.C.§
3730(b)(1), undersigned counsel for Plaintiff-Relator notifies the Court that he is hereby
voluntarily dismissing without prejudice all claims against Kabbage Payments LLC and Does 1-50

only, which are gui tam claims brought on behalf of the Plaintiff United States of America.

Undersigned counsel understands that the United States will be consenting to this
dismissal pursuant to 31 U.S.C. § 3730(b)(1). Undersigned counsel expects the United States
will do so by filing a separate consent to this Notice of Partial Voluntary Dismissal Without

Prejudice of all claims against Defendants Kabbage Payments LLC and Does 1-50.
Case 1:20-cv-12114-GAO Document 38 _ Filed 03/29/24 Page 2 of 2

Plaintiff-Relator respectfully requests that the Court enter an Order in the form of the

attached proposed Order after the United States has filed the expected consent to this dismissal.

DATED: 29 March 2024 Respectfully submitted,

Michael A. Lesser (BBO# 631128)
E-mail: mlesser@tenlaw.com
Evan R. Hoffman (BBO# 678975)
E-mail: ehoffman@tenlaw.com
Thornton Law Firm LLP

84 State Street, 4" FI.

Boston, MA 02109

Tel: (617) 720-1333

Fax: (617) 720-2445

Counsel for Plaintiff-Relator

CERTIFICATE OF SERVICE

I, Michael A. Lesser, hereby certify that I have on this date served an electronic copy of the
foregoing document on the parties of record representing the interests of the United States of
America (with their assent to electronic service). As the Defendants for whom voluntary dismissal
is sought have not been served the qui tam Complaint, they will not be served this Notice.

Dated: 29 March 2024 ,

Michael A. Lesser

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