Civil Cover Sheet — Carr v. Kabbage, Inc. (Dkt. 1-2, N.D. Ga. No. 1:22-cv-01249)

Summary

Civil Cover Sheet (Form JS44) in Carr v. Kabbage, Inc., Document 1-2 in Case 1:22-cv-01249-VMC. It lists the plaintiffs as Jason Carr, Vicki LeMaster, Edward Ford Services LLC, Carlton Morgan and Candice Worthy, individually and on behalf of all others similarly situated, and the defendant as Kabbage, Inc. d/b/a K Servicing, with the county of residence of the first listed defendant shown as Fulton County, Georgia. The cause of action states that this is a class action filed by Plaintiffs as a result of Defendant's ongoing failure to discharge its duties and obligations as a servicer of Paycheck Protection Program loans. The form shows a demand in excess of $5,000,000, and the attorney listed is MaryBeth V. Gibson of The Finley Firm, P.C.

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Case 1:22-cv-01249-VMC Document 1-2 Filed 03/30 122. ooh Pge 1 oF 2

JS44 (Rev. 10/2020 NDGA) CIVIL COVER SHEET

The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S) DEFENDANT(S)

Jason Carr, Vicki LeMaster, Edward Ford Services LLC, Kabbage, Inc. d/b/a K Servicing
Carlton Morgan, 365 Sun LLC and Candice Worthy,
individually and on behalf of all others similarly situated

(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED
PLAINTIFF-orysth County, North Carc DEFENDANT_Fulton County, Georgia
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED
(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)
MaryBeth V. Gibson
The Finley Firm, P.C.
3535 Piedmont Road
Bldg 14, Suite 230
Atlanta, Georgia 30305
404-320-9979
Il. BASIS OF JURISDICTION I. CITIZENSHIP OF PRINCIPAL PARTIES
(PLACE AN “X” IN ONE BOX ONLY) (PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)

(FOR DIVERSITY CASES ONLY)

PLF DEF PLF DEF
Ch U.S. GOVERNMENT Ls FEDERAL QUESTION LD 1 L 1 CITIZEN OF THIS STATE i 4 4 INCORPORATED OR PRINCIPAL
PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE
LI, U.S. GOVERNMENT V1. DIVERSITY v1, LI, CITIZEN OF ANOTHER sratel_] 5 LI, INCORPORATED AND PRINCIPAL
DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER STATE
IN ITEM II)
LI; Ls; CITIZEN OR SUBJECT OF A LO 6 L] 6 FOREIGN NATION

FOREIGN COUNTRY

IV. ORIGIN (PLACE AN “X “IN ONE BOX ONLY)
C] LC] TC] TRANSFERRED FROM | MULTIDISTRICT | APPEAL TO DISTRICT JUDGE
1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 LITIGATION - 7 FROM MAGISTRATE JUDGE
PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) TRANSFER JUDGMENT

MULTIDISTRICT
8 LITIGATION -
DIRECT FILE

V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
JURISDICTIONAL STATUTES UNLESS DIVERSITY)

28 U.S.C. 1332(d). This is a class action filed by Plaintiffs and all others similarly situated as a result of Defendant's
ongoing failure to discharge its duties and obligations as a servicer of Paycheck Protection Program loans.

(IF COMPLEX, CHECK REASON BELOW)

0 1. Unusually large number of parties. im 6. Problems locating or preserving evidence
L] 2. Unusually large number of claims or defenses. LC] 7. Pending parallel investigations or actions by government.
CL 3. Factual issues are exceptionally complex | 8. Multiple use of experts.
C] 4. Greater than normal volume of evidence. C] 9. Need for discovery outside United States boundaries.
O 5. Extended discovery period is needed. Cho. Existence of highly technical issues and proof.
CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT # AMOUNT $. APPLYING IFP MAG. JUDGE (IFP)
JUDGE, MAG. JUDGE, NATURE OF SUIT. CAUSE OF ACTION

(Referral)
Case 1:22-cv-01249-VMC Document 1-2

VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)

CONTRACT - "0" MONTHS DISCOVERY TRACK

CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK

L_J 150 RECOVERY OF OVERPAYMENT &
ENFORCEMENT OF JUDGMENT
[J 1s2 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS

CONTRACT - "4" MONTHS DISCOVERY TRACK

110 INSURANCE
120 MARINE

130 MILLER ACT
[7] 140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS! SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE

REAL PROPERTY - "4" MONTHS DISCOVERY
TRACK

210 LAND CONDEMNATION

220 FORECLOSURE

230 RENT LEASE & EJECTMENT

240 TORTS TO LAND

245 TORT PRODUCT LIABILITY

290 ALL OTHER REAL PROPERTY

TORTS - PERSONAL INJURY - "4" MONTHS
DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
[365 PERSONAL INJURY - PRODUCT LIABILITY
[] 367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
[) 368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY

TORTS - PERSONAL PROPERTY - "4" MONTHS
DISCOVERY TRACK
370 OTHER FRAUD
[_] 371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
Ei 385 PROPERTY DAMAGE PRODUCT LIABILITY

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK
422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157

440 OTHER CIVIL RIGHTS

441 VOTING

442 EMPLOYMENT

443 HOUSING/ ACCOMMODATIONS

445 AMERICANS with DISABILITIES - Employment
LJ] 446 AMERICANS with DISABILITIES - Other
[[] 448 EDUCATION

IMMIGRATION - "0" MONTHS DISCOVERY TRACK

Filed 03/30/22

Page 2 of 2

SOCIAL SECURITY - "0" MONTHS DISCOVERY
TRACK

| 861 HIA (13956)
862 BLACK LUNG (923)
863 DIWC (405(g))

1 863 Diww (405(g))
864 SSID TITLE XVI
865 RSI (405(g))

FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
TRACK

462 NATURALIZATION APPLICATION
465 OTHER IMMIGRATION ACTIONS

PRISONER PETITIONS - "0" MONTHS DISCOVERY
TRACK

463 HABEAS CORPUS- Alien Detainee

510 MOTIONS TO VACATE SENTENCE

530 HABEAS CORPUS

535 HABEAS CORPUS DEATH PENALTY

540 MANDAMUS & OTHER

550 CIVIL RIGHTS - Filed Pro se

555 PRISON CONDITION(S) - Filed Pro se
| 560 CIVIL DETAINEE: CONDITIONS OF

CONFINEMENT

PRISONER PETITIONS - "4" MONTHS DISCOVERY
TRACK

I | 550 CIVIL RIGHTS - Filed by Counsel

Ol 555 PRISON CONDITION(S) - Filed by Counsel

FORFEITURE/PENALTY - "4" MONTHS DISCOVERY
TRACK
[-] 625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
oO 690 OTHER

LABOR - "4" MONTHS DISCOVERY TRACK
[_] 710 FAIR LABOR STANDARDS ACT
S| 720 LABOR/MGMT. RELATIONS

740 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT
790 OTHER LABOR LITIGATION

HI 791 EMPL. RET. INC. SECURITY ACT

PROPERTY RIGHTS - "4" MONTHS DISCOVERY
TRACK

L_] 820 COPYRIGHTS

[1 840 TRADEMARK

[[) 880 DEFEND TRADE SECRETS ACT OF 2016 (DTSA)

PROPERTY RIGHTS - "8" MONTHS DISCOVERY
TRACK
C2) 830 PATENT
oO 835 PATENT-ABBREVIATED NEW DRUG
APPLICATIONS (ANDA) - a/k/a
Hatch-Waxman cases

[J $ 870 TAXES (U.S. Plaintiff or Defendant)
[[] $871 IRS - THIRD PARTY 26 USC 7609

OTHER STATUTES - "4" MONTHS DISCOVERY
TRACK

375 FALSE CLAIMS ACT

376 Qui Tam 31 USC 3729(a)

400 STATE REAPPORTIONMENT

430 BANKS AND BANKING

450 COMMERCE/ICC RATES/ETC.

460 DEPORTATION

470 RACKETEER INFLUENCED AND CORRUPT

ORGANIZATIONS

480 CONSUMER CREDIT

485 TELEPHONE CONSUMER PROTECTION ACT

490 CABLE/SATELLITE TV

890 OTHER STATUTORY ACTIONS

891 AGRICULTURAL ACTS

893 ENVIRONMENTAL MATTERS

895 FREEDOM OF INFORMATION ACT 899

899 ADMINISTRATIVE PROCEDURES ACT /
REVIEW OR APPEAL OF AGENCY DECISION

950 CONSTITUTIONALITY OF STATE STATUTES

OTHER STATUTES - "8" MONTHS DISCOVERY
TRACK

A 410 ANTITRUST
850 SECURITIES / COMMODITIES / EXCHANGE

OTHER STATUTES - ‘‘0" MONTHS DISCOVERY
TRACK

[1 896 ARBITRATION
(Confirm / Vacate / Order / Modify)

* PLEASE NOTE DISCOVERY
TRACK FOR EACH CASE
TYPE. SEE LOCAL RULE 26.3

VIL. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23

DEMAND $ in excess of $5,000,000

JURY DEMAND YES O NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY
JUDGE

DOCKET NO.

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
(111. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
(12. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

[(-J3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
(-]4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME

BANKRUPTCY JUDGE.

(15. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
(16. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASK(S)):

(17. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.
CIs NOT (check one box) SUBSTANTIALLY THE SAME CASE.

DISMISSED. This case [] IS

>» WHICH WAS

SIGNATURE O/ATTORNEY OF RECORD

Marth 20, JORR

DATE


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