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Case docket

Carr v. Kabbage, Inc. d/b/a K Servicing — U.S. District Court, N.D. Ga.

Carr v. Kabbage, Inc. d/b/a K Servicing — U.S. District Court, N.D. Ga. — 26 documents in the archive, dated March 30, 2022 to March 31, 2023.

Also collected in: Recap Pull 2026 06 12

Case facts

CourtU.S. District Court for the Northern District of Georgia, Atlanta Division
Docket numberNo. 1:22-cv-01249 — main docket · CourtListener docket 301616
Filings26 public filings (2 documents also held as a second copy)
Filed2022-03-30 – 2023-03-31
Original PDFs26 of 26
ProfilesKabbage / K Servicing

Case summary

Carr v. Kabbage, Inc., No. 1:22-cv-01249 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, is a class action filed March 30, 2022 by Jason Carr, Vicki LeMaster, Edward Ford Services LLC, Carlton Morgan, 365 Sun LLC and Candice Worthy against Kabbage, Inc., doing business as K Servicing. The complaint seeks declaratory judgment, injunctive relief and damages over what it describes as the servicer's failure to process Paycheck Protection Program loan forgiveness applications in time, and pleads unjust enrichment and consumer-protection claims under California, Georgia, North Carolina and Michigan law. On March 31, 2023 the court granted the motion to dismiss, holding the CARES Act creates no private right of action, and judgment was entered dismissing the action with prejudice.

Case at a glance

PartiesPlaintiffs Jason Carr, Vicki LeMaster, Edward Ford Services LLC, Carlton Morgan, 365 Sun LLC and Candice Worthy, individually and on behalf of all others similarly situated; defendant Kabbage, Inc. doing business as K Servicing
Court and docketU.S. District Court for the Northern District of Georgia, Atlanta Division, No. 1:22-cv-01249-VMC, before Judge Victoria M. Calvert
ProgramPaycheck Protection Program (PPP); the claims concern the servicing of PPP loan forgiveness applications
ClaimsFirst cause of action, declaratory judgment under 28 U.S.C. § 2201 and injunctive relief; second, unjust enrichment; third, California's Unfair Competition Law; fourth, the Georgia Uniform Deceptive Trade Practices Act; fifth, the North Carolina Unfair and Deceptive Trade Practices Act; sixth, the Michigan Consumer Protection Act
Disposition or statusDismissed with prejudice. The order of March 31, 2023 granted Kabbage's motion to dismiss and directed the clerk to close the case; judgment was entered the same day
Status checked2026-09-23 · against the court docket and DOJ press releases through 2026-09-22

What does the complaint allege?

That Kabbage failed to discharge its duties as servicer of thousands of SBA Paycheck Protection Program emergency loans by failing to process loan forgiveness applications in a timely and competent way, including by not adhering to the 60-day timeline and repeatedly requesting unnecessary documentation. These are the complaint's allegations.

What did the court decide?

It granted the motion to dismiss and dismissed the complaint with prejudice. The order records Kabbage's contentions that the plaintiffs cannot maintain a private cause of action under the CARES Act, that their state law claims are preempted by it, that Georgia law governs and that their Georgia law claims fail, and states that with the other claims dismissed the count for punitive damages and fees falls with them.

What else is on the page?

Eleven filings dated March 30, 2022 to March 31, 2023, including the complaint, a Bloomberg article on PPP forgiveness filed as an exhibit, the motion to dismiss and its supporting memorandum of May 31, 2022, the opposition and reply, a joint preliminary report and discovery plan, and the order and judgment. Two documents appear twice, each at two different page addresses.

Docket

26 documents in docket-entry order; attachments follow their entry. Gaps name the entries we do not have.

No. 1:22-cv-01249

  1. Class Action Complaint — Carr v. Kabbage, Inc. d/b/a K ServicingEntry 1
  2. Bloomberg PPP forgiveness gap article — Carr v. KabbageEntry 1, attachment 1
  3. Civil Cover Sheet — Carr v. Kabbage, Inc. (Dkt. 1-2, N.D. Ga. No. 1:22-cv-01249)Entry 1, attachment 2
  4. —Entry 2 is not in the archive
  5. Return of Service Executed by Vicki LeMaster, Jason Carr, Edward Ford Services LLCEntry 3
  6. Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sentEntry 4
  7. Notice of Appearance by Uchenna Ekuma-Nkama on behalf of Kabbage, Inc.Entry 5
  8. Consent Motion to Extend Defendant's Time To Respond To 1 Complaint by KabbageEntry 6
  9. Text of Proposed Order — Carr v. Kabbage, Inc. (Dkt. 6-1, N.D. Ga. No. 1:22-cv-01249)Entry 6, attachment 1
  10. —Entry 7 is not in the archive
  11. Order granting 6 Motion for Extension of Time to Answer — Carr v. Kabbage, Inc. (Dkt. 8, N.D. Ga. No. 1:22-cv-01249)Entry 8
  12. —Entry 9 is not in the archive
  13. Standing Order: Guidelines to Parties and Counsel in Cases ProceedingEntry 10
  14. Unopposed Motion for Leave to File Excess Pages Unopposed MotionEntry 11
  15. Text of Proposed Order Order — Carr v. Kabbage, Inc. (Dkt. 11-1, N.D. Ga. No. 1:22-cv-01249)Entry 11, attachment 1
  16. Motion to Dismiss — Carr v. Kabbage, Inc. d/b/a K ServicingEntry 12
  17. Memorandum of Law in Support of Motion to Dismiss — Carr v. Kabbage (N.D. Ga. No. 1:22-cv-01249)Entry 12, attachment 1
  18. Exhibit 1 - SBA Procedural Notice 5000-827666 — Carr v. Kabbage, Inc. (Dkt. 12-2, N.D. Ga. No. 1:22-cv-01249)Entry 12, attachment 2
  19. Unopposed MOTION for Extension of Time re: 12 MOTION to Dismiss (Defendant Kabbage, Inc.,… — Carr Kabbage (Dkt. 13)Entry 13
  20. Text of Proposed Order Proposed Order — Carr Kabbage (Dkt. 13.1)Entry 13, attachment 1
  21. Order Granting 13 Motion for Extension of Time through July 11, 2022Entry 14
  22. Joint preliminary report and discovery plan — Carr v. Kabbage (N.D. Ga. No. 1:22-cv-01249, 2022-06-29, 2)Entry 15
  23. Text of Proposed Scheduling Order — Carr v. Kabbage, Inc. (Dkt. 15-1, N.D. Ga. No. 1:22-cv-01249)Entry 15, attachment 1
  24. Certificate of Service of Initial Disclosures by 365 Sun LLC, Jason CarrEntry 16
  25. —Entry 17 is not in the archive
  26. Plaintiffs’ Opposition to Motion to Dismiss — Carr v. KabbageEntry 18
  27. Scheduling Order: re: 15 Joint Preliminary Report and Discovery PlanEntry 19
  28. Reply brief in support of motion to dismiss — Carr v. KabbageEntry 20
  29. —Entry 21 is listed under More documents below
  30. Order Granting Motion to Dismiss — Carr v. Kabbage, Inc. d/b/a K Servicing (N.D. Ga. No. 1:22-cv-01249)Entry 22
  31. Judgment (dismissal with prejudice) — Carr v. KabbageEntry 23

More documents from this case’s dockets

2 more documents linked to this case’s dockets are in the archive and not in the docket above.

  1. Certificate of Service, Initial Disclosures — Kabbage, Inc., Civil Action No. 1:22-cv-01249-VMCCertificate of serviceKabbage's certificate of service for its Rule 26(a)(1) initial disclosures in Carr v. Kabbage, No. 1:22-cv-01249 (N.D. Ga.), July 1, 2022.
  2. Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings — Carr v. Kabbage, Inc. (Dkt. 21)PDFNotice of Suggestion of Pendency of Bankruptcy and Automatic Stay, Carr v. Kabbage, Inc., No. 1:22-cv-01249-VMC (N.D. Ga., Oct. 11, 2022).

Other cases in the archive from U.S. District Court for the Northern District of Georgia, Atlanta Division.

Court, dates and docket numbers are as recorded on the filings.

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