In Re. Minkina et al
Not Yet Classified: TIAA, FSB, Rodgers, Powers & Schwartz, LLP, EverBank and Medical Professional Mutual Insurance Company
Trustee: Carolyn Bankowski-13-12 and John Fitzgerald
Appellant: Nataly Minkina
Case Number: 1:2019cv11583
Filed: July 17, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Mark G Mastroianni
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:1334
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2019 Filing 9 Opposition re #8 MOTION to Stay Pending Appeal filed by Nataly Minkina. (Sullivan, Ryan)
September 3, 2019 Filing 8 MOTION to Stay Pending Appeal by Rodgers, Powers & Schwartz, LLP.(Casher, Dana)
August 28, 2019 Filing 7 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying #6 Motion to Stay Pending Appeal without prejudice for failure to certify compliance with Local Rule 7.1(a)(2) by conferring with opposing counsel and indicating to the court whether the motion to stay will be opposed. (Lindsay, Maurice)
August 21, 2019 Filing 6 MOTION to Stay Pending Appeal by Rodgers, Powers & Schwartz, LLP.(Casher, Dana)
August 19, 2019 Filing 5 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting the Motion to Expedite Action #4 and the Motion for Leave to Appeal contained within #1 Notice of Appeal. As Appellant notes in the Motion to Expedite, the Motion for Leave to Appeal was not docketed as a motion separate from the Notice of Appeal and, therefore, the need for immediate action by the court was not apparent from the docket. Under 28 U.S.C. 158(a)(3), this court has discretion to hear an appeal of an interlocutory order of the bankruptcy court. Appeals shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts. U.S.C. 158(c)(2). Pursuant to those guidelines, interlocutory appeal is appropriate where the district court shall be of the opinion that [the appealed order] involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. 28 U.S.C. 1292(b). This court finds that the Bankruptcy Courts decision not to follow In re Snyder, 249 B.R. 40 (1st Cir. BAP 2000), which applied Coraccio v. Lowell Five Cents Savings Bank, 612 N.E.2d 650 (Mass. 1993) meets this standard. Additionally, this court agrees with the Bankruptcy Courts recent Certification regarding Direct Appeal and that certification of direct appeal to the First Circuit pursuant to 28 U.S.C. 158(d)(2)(A) is appropriate. (Lindsay, Maurice)
August 16, 2019 Filing 4 MOTION to Expedite , MOTION for Leave to Appeal ( Responses due by 8/30/2019) by Rodgers, Powers & Schwartz, LLP.(Casher, Dana)
July 22, 2019 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Finn, Mary)
July 17, 2019 Filing 2 Copy of Bankruptcy Docket Received: #1 Bankruptcy Appeal (Coppola, Katelyn)
July 17, 2019 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 18-13325. File received (Attachments: #1 Initial Transmittal)(Coppola, Katelyn)

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Not yet classified: TIAA, FSB
Represented By: Derek A. Castello
Represented By: Andrew S. Cannella
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Not yet classified: Rodgers, Powers & Schwartz, LLP
Represented By: Dana E. Casher
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Not yet classified: EverBank
Represented By: Derek A. Castello
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Not yet classified: Medical Professional Mutual Insurance Company
Represented By: Thomas O. Bean
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Trustee: Carolyn Bankowski-13-12
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Trustee: John Fitzgerald
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Appellant: Nataly Minkina
Represented By: Ryan D. Sullivan
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