Order of Dismissal - Berteletti v. Kabbage

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The order of dismissal signed /s/ on July 16, 2024 by United States District Judge George A. O'Toole, Jr. in United States ex rel. Berteletti v. Kabbage, Inc., No. 20-CV-12114-GAO, District of Massachusetts, filed 07/16/24 as Document 48. It follows the relator's notice of voluntary dismissal, the United States' consent and the May 7, 2024 Settlement Agreement among the United States, the relator, KServicing Wind Down Corp. and the bankruptcy estates of Kabbage, Inc. d/b/a KServicing. Kabbage Payments LLC and Does 1-50 are dismissed without prejudice, and claims against Kabbage, Inc. for the agreement's Covered Conduct are dismissed with prejudice as to the United States. All other claims against Kabbage, Inc. are dismissed without prejudice as to the United States and with prejudice as to the relator.

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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. 
) 
) 
ORDER 
Relator David Berteletti having Filed a Notice of Voluntary Dismissal as to defendants 
Kabbage Payments LLC and Does 1-50 and the United States having filed its Notice of Consent 
to Dismissal pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(1), and pursuant to Federal 
Rule of Civil Procedure 41(a)(1)(A)(i) and 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: 
It is hereby ORDERED that this action shall be dismissed as follows: 
(1)
Defendants Kabbage Payments LLC and Does 1-50 are dismissed without
prejudice as to relator and as to the United States; 
(2)
Claims against Kabbage, Inc. for the allegations described in the Agreement’s
Covered Conduct are dismissed with prejudice as to the United States; 
(3)
All other claims against Kabbage, Inc. in the Civil Action shall be dismissed
without prejudice as to the United States; and 
Case 1:20-cv-12114-GAO   Document 48   Filed 07/16/24   Page 1 of 2

2 
(4)
All claims against Kabbage, Inc. in the Civil Action shall be dismissed with
prejudice as to the relator. 
Dated:
/s/ George A. O'Toole, Jr.
GEORGE A. O’TOOLE, JR.
UNITED
 
STATES
 
DISTRICT
 
JUDGE
July 16, 2024
Case 1:20-cv-12114-GAO   Document 48   Filed 07/16/24   Page 2 of 2

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