seal

Court Case Record U.S. BANK TRUST, N.A. vs. CYNTHIA WHITE 2018-J-0347 UID(861f)


U.S. BANK TRUST, N.A. vs. CYNTHIA WHITE Court Case Record

Court Case Number: 2018-J-0347


 
Case Number2018-J-0347
Case TitleU.S. BANK TRUST, N.A. vs. CYNTHIA WHITE
Case TypeCivil
StateMassachusetts, MA
CountyCentral Housing
CourtCentral Housing Court
Court Address1 Pemberton Square, Boston , MA 02108
Phone617-557-1000, 617-725-8106, 617-226-1500
Field Date08/02/2018
Close Date09/18/2018
DOCKET ENTRIES
Entry Date Paper Entry Text
08/02/2018 #1 Appeal entered pursuant to M.G.L.c. 239, ยง 5 with attachments.
08/03/2018 #2 Letter notice of hearing: McDonough, J. on 08/10/2018 @ 10:30 A.M. in Court Room 4.
08/07/2018 #3 Motion to continue hearing filed for U.S. Bank Trust, N.A. by Attorney Jonathan Stone Rankin.
08/08/2018 RE#3: Allowed. The hearing is rescheduled to August 15, 2018 at 10:30AM in Courtroom 4. (McDonough, J.) *Notice
08/08/2018 Letter notice to counsel for hearing before McDonough, J. on 08/15/18 at 10:30AM in Courtroom 4. ]
08/08/2018 RE#3 (Revised): Allowed. The hearing is rescheduled to August 17, 2018 at 10:30AM in Courtroom 4. (McDonough, J.). *Notice.
08/08/2018 Letter notice to counsel for hearing before McDonough, J. on 08/17/18 at 10:30 AM in Courtroom 4.
08/14/2018 #4 Motion to continue appeal bond hearing filed for U.S. Bank Trust, N.A. by Attorney Jonathan Stone Rankin.
08/15/2018 RE#4: Allowed. The hearing is rescheduled to August 29, 2018 at 11:30 AM in Courtroom 4. (McDonough, J.). *Notice
08/15/2018 Letter notice to counsel for hearing before McDonough, J. on Wednesday, August 29, 2018 at 11:30AM in Courtroom 4
08/24/2018 #5 Opposition to altering bond order filed for U.S. Bank Trust, N.A. by Attorney Jonathan Stone Rankin.
08/27/2018 #6 Motion to postpone hearing date filed by Cynthia White.
08/28/2018 RE#6: Allowed. The hearing is rescheduled to September 17, 2018 at 2:00PM in courtroom 4. (McDonough, J.) Notice/attest *Notice
08/28/2018 #7 Letter notice of hearing: McDonough, J. on 09/17/2018 at 2:00PM in courtroom 4. .
09/14/2018 #8 Appendix filed by Cynthia White.
09/18/2018 #9 Copy of Petition for Review filed with SJC.
09/18/2018 #10 Appearance of Attorney Jonathan Stone Rankin for U.S. Bank Trust, N.A..
09/18/2018 #11 Appearance of Attorney Cynthia White, Pro Se Defendant/Petitioner
09/18/2018 ORDER: After a review of the record and a hearing at which both parties appeared, I discern the following: A notice of appeal was filed in the Housing Court on 5/29/18 from the court's 5/16/18 judgment for the plaintiff. The Housing Court docket does not indicate that a motion to waive the appeal bond was filed, and at the hearing before me, the defendant stated that she did not at any point file a motion to waive the bond. The docket shows that on 6/5/18 the court struck the notice of appeal filed on 5/29/18 from the court's 5/16/18 judgment for the plaintiff, and thereafter, on 6/13/18, denied defendant's motion for reconsideration of the order striking the notice of appeal. The defendant's opposition filed in this matter included a copy of an order from the judge whereby she stayed issuance of the execution to allow the defendant an opportunity to appeal her ruling striking the notice of appeal and to allow the plaintiff an opportunity to request use and occupancy payments, if the defendant takes an appeal. On 6/20/18, the defendant filed a petition pursuant to G.L. c. 231, s. 118 (par. 1), in which she sought review by a single justice of the order striking the notice of appeal. See 18-J-268. The single justice dismissed the petition, stating that she was without jurisdiction to grant the requested relief because the proper avenue of review of the order was by filing a notice of appeal. The defendant thereafter filed a notice of appeal in the Housing Court on 7/3/18. Accordingly, it appears that the only appeal pending is the defendant's appeal from the order striking the 5/29/18 notice of appeal. To the extent the plaintiff sought the setting of a bond and monthly use and occupancy pending appeal in these circumstances and the trial judge issued an order relative to that request, the July 25, 2018 order of the Housing Court setting the appeal bond at $5,000 and monthly payments of $1,494 is affirmed. (McDonough, J.). *Notice/Attest/Horan, J.