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Home Court filings United States ex rel. Berteletti v. Kabbage, Inc. (MAD 228105)

Case docket

United States ex rel. Berteletti v. Kabbage, Inc. — full docket, U.S. District Court, D. Mass.

United States ex rel. Berteletti v. Kabbage, Inc. — full docket, U.S. District Court, D. Mass. — 9 documents in the archive, dated November 25, 2020 to July 16, 2024.

Case facts

CourtU.S. District Court for the District of Massachusetts
Docket numberNo. 1:20-cv-12114 — main docket · CourtListener docket 228105
Filings9 public filings (3 documents also held as a second copy)
Filed2020-11-25 – 2024-07-16
Document typesproposed orders (2), complaint (1), stipulation (1), order (1)
Original PDFs9 of 9
ProfilesBrian M. LaMacchia, Diane Seol, Kabbage / K Servicing, Paul Pietschner, Sarah E. Loucks

Case summary

This page holds six documents from the docket of United States ex rel. David Berteletti v. Kabbage, Inc., Kabbage Payments LLC and Does 1-50, No. 1:20-cv-12114-GAO in the U.S. District Court for the District of Massachusetts: the qui tam complaint and civil cover sheet filed November 25, 2020, the relator's Rule 41 notice of partial voluntary dismissal of March 29, 2024 with its proposed order, the proposed order accompanying the joint stipulation of dismissal at docket 47, and the court's order at docket 48. That order dismisses Kabbage Payments LLC and Does 1-50 without prejudice as to the relator and the United States, dismisses the claims against Kabbage, Inc. for the settlement agreement's covered conduct with prejudice as to the United States and all other claims without prejudice, and dismisses all claims against Kabbage, Inc. with prejudice as to the relator.

Case at a glance

PartiesPlaintiff United States of America ex rel. David Berteletti; defendants Kabbage, Inc., Kabbage Payments LLC and Does 1-50
Court and docketU.S. District Court for the District of Massachusetts, No. 1:20-cv-12114-GAO, Judge George A. O'Toole, Jr.
ProgramNot named in the filings on this page. The complaint at docket 1 extracts as page stamps only
ClaimsQui tam claims under the False Claims Act; the order and proposed order cite 31 U.S.C. § 3730(b)(1) and Federal Rule of Civil Procedure 41(a)(1)(A)(i)
Disposition or statusDismissed by the order at docket 48, signed July 16, 2024, on the terms set out in the summary and in accordance with the May 7, 2024 settlement agreement among the United States, the relator, KServicing Wind Down Corp. and the bankruptcy estates of Kabbage, Inc. doing business as KServicing

What did the court order?

That the action be dismissed in four parts: Kabbage Payments LLC and Does 1-50 without prejudice as to relator and as to the United States; the claims against Kabbage, Inc. for the allegations described in 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 is on the page from the complaint?

Docket 1, a 53-page complaint filed November 25, 2020, and its civil cover sheet. Both extract only as page stamps, so no allegation, relief program or amount from the complaint is verifiable from this page.

What are the two proposed orders?

Attachments filed with the relator's Rule 41 notice at docket 38 and with the joint stipulation of dismissal at docket 47. The docket 47 attachment carries the same four dismissal terms the court then entered at docket 48.

Docket

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

No. 1:20-cv-12114

  1. Qui Tam FCA Complaint — Berteletti v. KabbageEntry 1
  2. Civil Cover Sheet and Category Sheet — Berteletti Kabbage (Dkt. 1.1)Entry 1, attachment 1
  3. —Entries 2–37 are not in the archive
  4. Rule 41 Notice of Partial Voluntary Dismissal — Berteletti v. Kabbage (D. Mass. No. 1:20-cv-12114)Entry 38
  5. Text of Proposed Order — Berteletti Kabbage (Dkt. 38.1)Entry 38, attachment 1
  6. —Entries 39–44 are not in the archive
  7. United States' Notice of Election to Partially Intervene for Purpose of Settlement as to Kabbage, Inc.Entry 45
  8. —Entry 46 is not in the archive
  9. Joint Stipulation of Dismissal (with Proposed Order) — Berteletti v. Kabbage, Inc. (D. Mass. No. 1:20-cv-12114)Entry 47
  10. Text of Proposed Order — Berteletti Kabbage (Dkt. 47.1)Entry 47, attachment 1
  11. Order of Dismissal - Berteletti v. KabbageEntry 48
  12. Order of Dismissal — Berteletti v. Kabbage, Inc. (D. Mass. No. 1:20-cv-12114)Entry 49

Other cases in the archive from U.S. District Court for the District of Massachusetts.

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

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