Court filing
Joint Stipulation of Dismissal (with Proposed Order) — Berteletti v. Kabbage, Inc. (D. Mass. No. 1:20-cv-12114)
Filed July 8, 2024 in Berteletti v. Kabbage; one of 6 filings from this case.
Record facts
| Court | U.S. District Court for the District of Massachusetts |
|---|---|
| Filed | 2024-07-08 |
U.S. District Court for the District of Massachusetts · No. 1:20-cv-12114-GAO · Doc. 47 · 2024-07-08 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ___________________________________ ) UNITED STATES OF AMERICA ex rel. ) DAVID BERTELETTI, ) ) Plaintiff, ) ) v. ) No. 20-CV-12114-GAO ) KABBAGE, INC., ) KABBAGE PAYMENTS LLC, ) AND DOES 1-50, ) ) Defendants. ) ) JOINT STIPULATION OF DISMISSAL Relator David Berteletti filed a Notice of Voluntary Dismissal as to defendants Kabbage Payments LLC and Does 1-50 on March 29, 2024. Pursuant to the False Claims Act, 31 U.S.C. §3730(b)(1), the United States consents to dismissal of the relator’s Complaint as to Kabbage Payments LLC and Does 1-50 without prejudice to the rights of the United States. Furthermore, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b)(1), and in accordance with the terms and conditions of the May 7, 2024 Settlement Agreement (“Agreement”) among the United States, the relator, and KServicing Wind Down Corp. and the bankruptcy estates of Kabbage, Inc. d/b/a KServicing (the “Wind Down Estates”) (through its Wind Down Officer Jeremiah Foster) (“the “Wind Down Officer”)), the United States and the relator hereby seek dismissal of this action as to defendant Kabbage, Inc. as follows: (1) with prejudice as to the United States for the Covered Conduct, as that term is defined in the Agreement; (2) without prejudice as to the United States for all other claims in the relator’s complaint; (3) with prejudice to the relator Case 1:20-cv-12114-GAO Document 47 Filed 07/08/24 Page 1 of 3 2 as to all allegations in the relator’s complaint. Relator stipulates that the Allowed Claim Amount set forth in the Agreement and that the terms and conditions described therein are fair, adequate, and reasonable under all the circumstances, that Relator will not challenge the Agreement pursuant to 31 U.S.C. § 3730(c)(2)(B), and that Relator expressly waives the opportunity for a hearing on any objection to the settlement under 31 U.S.C. § 3730(c)(2)(B) or applicable state law. A proposed order accompanies this joint stipulation. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General JOSHUA S. LEVY Acting United States Attorney Dated: July 8, 2024 By: /s/ Brian M. LaMacchia Brian M. LaMacchia Diane C. Seol Assistant United States Attorneys John J. Moakley U.S. Courthouse, Suite 9200 1 Courthouse Way Boston, MA 02210 Phone: (617) 748-3100 brian.lamacchia@usdoj.gov diane.seol@usdoj.gov Jamie Ann Yavelberg Colin M. Huntley Sarah E. Loucks Attorneys, Civil Division U.S. Department of Justice P.O. Box 261, Ben Franklin Station Washington, DC 20044 Phone: (202) 616-2921 Sarah.E.Loucks@usdoj.gov Case 1:20-cv-12114-GAO Document 47 Filed 07/08/24 Page 2 of 3 3 DAVID BERTELETTI Dated: July 8, 2024 By: /s/ Michael A. Lesser 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, 4th Fl. Boston, MA 02109 Tel: (617) 720-1333 Counsel for Plaintiff-Relator CERTIFICATE OF SERVICE I certify that the foregoing notice was served on the following counsel for the Wind Down Estates by e-mail on the date below. Abraham Pafford McGuireWoods LLP 888 16th St. N.W. Suite 500 Black Lives Matter Plaza Washington, DC 20006 apafford@mcguirewoods.com Bradley Cosman Perkins Coie LLP 2525 E. Camelback Road Suite 500 Phoenix, AZ 85016-4227 bcosman@perkinscoie.com By: /s/ Brian M. LaMacchia Brian M. LaMacchia Assistant United States Attorney Case 1:20-cv-12114-GAO Document 47 Filed 07/08/24 Page 3 of 3
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