In Re. West et al

Filing 5

Judge Allison D. Burroughs: ORDER entered. Accordingly, by April 17, 2018, Appellant shall file (with both the Bankruptcy Court and the District Court) her designation of items to be included in the record on appeal and a statement of issues to be presented on appeal. Failure to comply with this Order may result in DISMISSAL of this appeal.(McDonagh, Christina)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
MARYANNE WEST,
Appellant,
v.
WELLS FARGO,
Appellee,
JOHN FITZGERALD,
Trustee.

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Civil Action No. 17-cv-11714-ADB

ORDER
BURROUGHS, D.J.
On August 24, 2017, the Bankruptcy Court denied Appellant’s motion to extend the
automatic stay. Appellant appearing pro se filed a timely notice of appeal with the district court
on September 7, 2017. [ECF No. 1]. Appellant appears to have filed an amended notice of appeal
on September 8, 2017, although her amended notice has not been transmitted to the District
Court. In re West, No. 17-bk-12755, ECF No. 39 (Bankr. D. Mass. Sept. 8, 2017). Upon receipt
of the Appellant’s initial notice of appeal, the Bankruptcy Court entered the following deadlines:
Appellant’s designation due by September 21, 2017; compiled records due by October 5, 2017;
and transmission of designation due by October 9, 2017.
On October 19, 2017, the Bankruptcy Court filed the following Certificate of Default:
On September 7, 2017, an appeal was filed by Maryanne West, appellant in the
above referenced case. In accordance with Fed. R. Bankr. P. 8006, the appellant
was to file with the clerk and serve on the appellee a Designation of the Items to
be included in the record on appeal and a Statement of the Issues to be presented
on appeal; those documents are to be filed within fourteen days of the Appeal. As

provided by Rule 8001(a), “[f]ailure of an appellant to take any step other than the
timely filing of a notice of appeal does not affect the validity of the appeal, but is
ground only for such action as the . . . bankruptcy appellate panel deems
appropriate, which may include dismissal of the appeal.” It is hereby certified to
the United States District Court by the United States Bankruptcy Court for the
District of Massachusetts that the appellant has not filed the Designation of Items
and Statement of Issues of this date.
[ECF No. 4]. To date, Appellant has not filed a Designation of Items or a Statement of Issues
with regard to either her initial or amended notices of appeal, and Appellant has not otherwise
demonstrated her intention to prosecute this case. Accordingly, by April 17, 2018, Appellant
shall file (with both the Bankruptcy Court and the District Court) her designation of items to be
included in the record on appeal and a statement of issues to be presented on appeal. Failure to
comply with this Order may result in DISMISSAL of this appeal.
SO ORDERED.
April 3, 2018

/s/ Allison D. Burroughs
ALLISON D. BURROUGHS
U.S. DISTRICT JUDGE

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