(“Relator”) filed a Joint Stipulation of Partial Dismissal of Relator’s Complaint against Defendant

Summary

A form of order filed June 11, 2024 as Document 30-1 in United States ex rel. Paul Pietschner v. Kabbage, Inc., Kathryn Petralia, Robert Frohwein and Spencer Robinson, Civil Action No. 4:21-cv-110-SDJ, in the U.S. District Court for the Eastern District of Texas, Sherman Division. It addresses the Joint Stipulation of Partial Dismissal filed by the United States and the relator as to Defendant Kabbage, Inc. only. Consistent with a May 7, 2024 Settlement Agreement, the order would dismiss with prejudice the United States' claims against Kabbage, Inc. concerning the Covered Conduct, would dismiss remaining claims not part of the Covered Conduct without prejudice to the United States, and would dismiss the relator's claims against Kabbage, Inc. with prejudice to the relator. It would unseal the stipulation and order for disclosure to Kabbage, Inc. and its counsel only.

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Case 4:21-cv-00110-SDJ         Document 30-1        Filed 06/11/24     Page 1 of 2 PageID #: 237




                        IN THE UNITED STATES DISTRICT COURT
                         FOR THE EASTERN DISTRICT OF TEXAS
                                 SHERMAN DIVISION

  UNITED STATES OF AMERICA         §
  ex rel. PAUL PIETSCHNER,         §
                                   §
       Plaintiff,                  §
                                   §                      Civil Action No.: 4:21-cv-110-SDJ
  v.                               §
                                   §                      FILED UNDER SEAL
  KABBAGE, INC.; KATHRYN PETRALIA; §                      (Pursuant to 31 U.S.C. § 3730(b))
  ROBERT FROHWEIN and SPENCER      §
  ROBINSON,                        §
                                   §
       Defendants.                 §

                                              ORDER
        Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the qui tam provisions

 of the False Claims Act, 31 U.S.C. § 370(b)(1), the United States and Relator Paul Pietschner

 (“Relator”) filed a Joint Stipulation of Partial Dismissal of Relator’s Complaint against Defendant

 Kabbage, Inc. only. Upon consideration of the Joint Stipulation of Dismissal as to Defendant

 Kabbage, Inc. only, and the papers on file in this action,

        IT IS HEREBY ORDERED that:

        1.      Consistent with the terms of the May 7, 2024, Settlement Agreement executed by

 the United States, Relator, and KServicing Wind Down Corporation and the bankruptcy estates of

 Defendant Kabbage, Inc. d/b/a KServicing (“Kabbage, Inc.”), all claims asserted on behalf of the

 United States against Defendant Kabbage, Inc. concerning the Covered Conduct as defined in

 Recital Paragraph L of the Settlement Agreement are dismissed with prejudice.

        2.      Any remaining claims asserted by Relator on behalf of the United States in this

 action against Defendant Kabbage, Inc. that are not part of the Covered Conduct are dismissed

 without prejudice to the United States.
Case 4:21-cv-00110-SDJ        Document 30-1        Filed 06/11/24      Page 2 of 2 PageID #: 238




        3.      Relator’s claims asserted against Defendant Kabbage, Inc. in this action are

 dismissed with prejudice to Relator.

        4.      The Joint Stipulation of Dismissal and this Order shall be unsealed, so that the

 United States may disclose these documents to Kabbage, Inc. and counsel for Kabbage, Inc. only.

 All other filings prior to the date of this Order in this matter shall remain under seal, except as

 otherwise ordered by the Court, and not made public.


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