to file its complaint within 90 days of this notice

Summary

The United States' Notice of Intervention filed August 26, 2024 as Document 34 in United States ex rel. Paul Pietschner v. 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. Under 31 U.S.C. § 3730(b)(2) and (4), the United States gives notice that it intervenes and intends to proceed as to the three remaining defendants, and states it intends to file its complaint within 90 days. It asks that the relator's Complaint (Docket No. 1), the dismissal stipulation and order as to Kabbage, Inc. (Docket No. 30 and Docket No. 31), the notice and a proposed order be unsealed, with all other papers remaining under seal. It reserves the right to seek dismissal of the relator's action, including under 31 U.S.C. § 3730(b)(5) and (e)(4).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case 4:21-cv-00110-SDJ          Document 34           Filed 08/26/24   Page 1 of 3 PageID #: 254




                           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.                                               §
                                                  §
 KATHRYN PETRALIA; ROBERT                         §
 FROHWEIN; and SPENCER                            §
 ROBINSON,                                        §
                                                  §
                        Defendants.               §

                   THE UNITED STATES’ NOTICE OF INTERVENTION

       Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States notifies

the Court that it hereby intervenes and intends to proceed with this action as to the three remaining

defendants Kathryn Petralia, Robert Frohwein, and Spencer Robinson. The United States intends

to file its complaint within 90 days of this notice.

       The Government requests that the relator’s Complaint (Docket No. 1), the Joint Stipulation

of Dismissal as to Kabbage, Inc. (Docket No. 30), the Order of Dismissal as to Kabbage, Inc.

(Docket No. 31), this Notice, and the attached proposed Order be unsealed. The United States

requests that all other papers on file in this action remain under seal because in discussing the

content and extent of the United States’ investigation, such papers are provided by law to the Court

alone for the sole purpose of evaluating whether the seal and time for making an election to

intervene should be extended.

       The United States reserves the right to seek the dismissal of the relator’s action or claim on

any appropriate grounds, including under 31 U.S.C. § 3730(b)(5) and (e)(4).

       A proposed order accompanies this notice.
Case 4:21-cv-00110-SDJ   Document 34    Filed 08/26/24    Page 2 of 3 PageID #: 255




Date: August 26, 2024              Respectfully submitted,

                                   BRIAN M. BOYNTON
                                   Principal Deputy Assistant Attorney General

                                   DAMIEN M. DIGGS
                                   United States Attorney
                                   Eastern District of Texas

                                    /s/ Betty Young____________
                                   BETTY S. YOUNG, Texas Bar #24102498
                                   Assistant U.S. Attorney
                                   Eastern District of Texas
                                   Texas State Bar # 24102498
                                   110 N. College Street; Suite 700
                                   Tyler, Texas 75702
                                   E-mail: Betty.Young@usdoj.gov
                                   (903) 590-1400
                                   (903) 590-1436 (fax)

                                   /s/_Sarah Loucks___________
                                   JAMIE A. YAVELBERG
                                   COLIN M. HUNTLEY
                                   SARAH E. LOUCKS
                                   Attorneys, Civil Division
                                   United States Department of Justice
                                   P.O. Box 261
                                   Ben Franklin Station
                                   Washington, D.C. 20044
                                   Email: Sarah.E.Loucks@usdoj.gov
                                   (202) 616-2921

                                   ATTORNEYS FOR THE
                                   UNITED STATES OF AMERICA




                                       -2-
Case 4:21-cv-00110-SDJ       Document 34       Filed 08/26/24    Page 3 of 3 PageID #: 256




                              CERTIFICATE OF SERVICE

       I hereby certify on this 26th day of August 2024, I caused copies of the United States’
Notice of Intervention to be served by electronic mail on:

       Sarah Frazier
       Law Office of Sarah Frazier, PLLC
       1919 Decatur Street
       Houston, TX 77007
       Telephone: (346) 283-9158
       sarah@sarahfrazierlaw.com

       Julie Bracker
       Bracker & Marcus LLC
       3225 Shallowford Road, Suite 1120
       Marietta, Georgia 30062
       Telephone: (770) 988-5035
       Facsimile: (678) 648-5544
       Julie@fcacounsel.com


       Because this action is under seal pursuant to 31 U.S.C. §§ 3729–3733, Defendants have
not been served with copies of the foregoing Notice of Intervention.

                                           /s/ Betty Young
                                           BETTY YOUNG




                                            -3-


File and source

File

gov.uscourts.txed.204031.34.0.pdf

Size

132,326 bytes

SHA-256

a3c9de0e67b6b1b55eefa3d612c1b32368ecf29632dfc43c2abb442ef34b8dc3

Our copy

gov.uscourts.txed.204031.34.0.pdf

Original

PACER (login required)