Text of Proposed Order — Berteletti Kabbage (Dkt. 47.1)

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A proposed order of dismissal in United States ex rel. David Berteletti v. Kabbage, Inc., Kabbage Payments LLC and Does 1-50, No. 20-CV-12114-GAO (D. Mass.), Document 47-1, filed 07/08/24, for Judge George A. O'Toole, Jr. It recites the relator's notice of voluntary dismissal, the United States' notice of consent under 31 U.S.C. § 3730(b)(1), and a 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. It would dismiss Kabbage Payments LLC and Does 1-50 without prejudice, dismiss the Covered Conduct claims against Kabbage, Inc. with prejudice as to the United States, dismiss other claims against it without prejudice as to the United States, and dismiss all claims against it 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. 
) 
 
 
 
 
 
 
) 
 
[PROPOSED] 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 47-1     Filed 07/08/24     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:                                       
 
__________________________________ 
 
 
 
 
 
 
GEORGE A. O’TOOLE, JR. 
 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE 
 
Case 1:20-cv-12114-GAO     Document 47-1     Filed 07/08/24     Page 2 of 2

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