Unopposed Motion for Leave to File Excess Pages Unopposed Motion — Carr v. Kabbage, Inc. (Dkt. 11, N.D. Ga. No. 1:22-cv-01249)

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U.S. District Court for the Northern District of Georgia · No. 1:22-cv-01249-VMC · Doc. 11 · 2022-05-25 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
JASON CARR, VICKI LEMASTER, 
EDWARD FORD SERVICES LLC, 
CARLTON MORGAN, 365 SUN LLC, 
and CANDICE WORTHY, individually 
and on behalf of others similarly 
situated, 
 
 
Plaintiffs, 
v. 
KABBAGE, INC., d/b/a KSERVICING, 
 
Defendant. 
CIVIL ACTION 
NO. 1:22-cv-01249-VMC 
 
 
 
UNOPPOSED MOTION TO EXTEND THE PAGE LIMIT FOR  
DEFENDANT KABBAGE, INC. d/b/a KSERVICING’S 
MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS  
 
Defendant Kabbage, Inc., d/b/a KServicing (“KServicing” or “Defendant”) 
hereby files this Consent Motion, pursuant to Local Rule 7.1(D) of the Local Rules 
of this Court and Section III.l of the Court’s Standing Order on Civil Litigation, 
seeking to extend the page limit for KServicing’s Memorandum of Law in Support 
of its Motion to Dismiss Plaintiffs’ Amended Complaint. KServicing respectfully 
requests the Court’s permission to file a brief that is up to thirty-five (35) pages in 
length. In support thereof, KServicing states the following: 
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1. 
Plaintiffs commenced this action on March 30, 2022, by filing a 302-
paragraph, 117-page Class Action Complaint and exhibits, alleging a variety 
of purported failures relating to KServicing’s processing of their Small 
Business Administration (“SBA”) Paycheck Protection Program (“PPP”) 
loan forgiveness applications. Plaintiffs’ Complaint seeks to allege a 
nationwide class, as well as several state subclasses (Florida, Georgia, North 
Carolina, Michigan, and California). (Compl. ¶¶ 214-220.) 
2. 
Plaintiffs plead eight causes of action based on alleged violations of duties 
and obligations under the Coronavirus Aid, Relief, and Economic Security 
Act, Pub. L. 116-136 (“CARES Act”) and Small Business Administration 
regulations, and seek to bring claims under common law and under various 
state business and professional codes, including: Cal. Bus. & Prof. Code 
§§1720; Ga. Code. Ann.§§10-1-370; N.C.G.S. §§75; Mich. Comp. Laws 
Ann. §§445.901;  and Fla. Stat. §§501.201. (Id. ¶¶ 243-305.) 
3. 
KServicing’s response to Plaintiffs’ Complaint is currently due on May 31, 
2022. 
4. 
In light of the numerous allegations raised in the Complaint, KServicing 
requests an extension of the page limit from twenty-five (25) pages to thirty-
five (35) pages in length because the Motion to Dismiss has the potential to 
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resolve, in its entirety, all of the issues raised in the Complaint, thereby 
warranting full exposition in KServicing’s Memorandum of Law. 
5. 
Based on the foregoing, KServicing respectfully submits that it needs the 
additional pages requested for the purpose of providing completeness and to 
properly address the issues raised in this action. 
6. 
Counsel for KServicing has contacted counsel for Plaintiffs regarding the 
need for an extension of the page limit. Plaintiffs’ counsel has agreed to the 
requested extension. 
For the foregoing reasons, KServicing requests this Motion be granted. 
Dated: May 25, 2022.   
Respectfully submitted, 
DENTONS US LLP 
/s/ Uchenna Ekuma-Nkama 
 
 
Uchenna Ekuma-Nkama 
Georgia Bar No. 957861 
Alizé D. Mitchell 
Georgia Bar No. 349963 
303 Peachtree Street, N.E. 
Suite 5300 
Atlanta, GA  30308 
Telephone:  (404) 527-4000 
Facsimile:    (404) 527-4198 
uchenna.ekuma-nkama@dentons.com 
alize.mitchell@dentons.com 
 
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Drew W. Marrocco 
(pro hac vice forthcoming) 
Virginia Bar No. 38955/D.C. Bar No. 53205 
1900 K Street NW 
Washington, DC 20006 
Telephone: (202) 496-7500 
Facsimile: (202) 496 7756 
drew.marrocco@dentons.com 
 
Tomasita L. Sherer 
(pro hac vice forthcoming)      
New York Bar No. 3033859            
1221 Avenue of the Americas 
New York, NY 10020 
Telephone: (212) 768-6700 
Facsimile: (212) 768 6800 
 
Counsel for Defendant Kabbage, Inc. 
d/b/a KServicing 
 
 
 
 
 
 
 
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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
JASON CARR, VICKI LEMASTER, 
EDWARD FORD SERVICES LLC, 
CARLTON MORGAN, 365 SUN LLC, 
and CANDICE WORTHY, individually 
and on behalf of others similarly 
situated, 
 
 
Plaintiffs, 
v. 
KABBAGE, INC., d/b/a KSERVICING, 
 
Defendant. 
CIVIL ACTION 
NO. 1:22-cv-01249-VMC 
 
 
CERTIFICATE OF SERVICE AND COMPLIANCE 
 
I certify that on May 25, 2022, I filed have caused the foregoing UNOPPOSED 
MOTION TO EXTEND THE PAGE LIMIT FOR DEFENDANT KABBAGE, 
INC. d/b/a KSERVICING’S MEMORANDUM OF LAW IN SUPPORT OF ITS 
MOTION TO DISMISS to be filed with the Clerk of Court using the CM/ECF 
system, which will automatically send e-mail notification of such filing to all 
counsel of record. I also certify that the foregoing was prepared in accordance with 
N.D. Ga. L.R. 5.1, using Times New Roman font, 14 point.  
/s/ Uchenna Ekuma-Nkama  
 
 
Uchenna Ekuma-Nkama 
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