The Bank of New York Mellon v. Ban

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-JUN-2026
07:58 AM
Dkt. 33 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK as
Successor Indenture Trustee to JPMORGAN CHASE BANK, N.A., as
Indenture Trustee for the CWHEQ REVOLVING HOME EQUITY LOAN
TRUST, SERIES 2005-E, Plaintiff-Appellee,
v.
MIA BAN, Defendant-Appellant,
and
UNITED STATES OF AMERICA; BANK OF AMERICA, N.A.,
Defendants-Appellees,
and
DOES 1 THROUGH 20, INCLUSIVE, Defendants.
(CASE NO. 1CC181000084)

U.S. BANK TRUST NATIONAL ASSOCIATION, Not in Its Individual
Capacity, but Solely as a Trustee of the TRUMAN 2021 SC9 TITLE
TRUST, Plaintiff-Appellee,
v.
MIA BAN, Defendant-Appellant,
and
THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK as
Successor Indenture Trustee to JPMORGAN CHASE BANK, N.A., as
Indenture Trustee for the CWHEQ REVOLVING HOME EQUITY LOAN
TRUST, SERIES 2005-E; UNITED STATES OF AMERICA – DEPARTMENT OF
THE TREASURY - INTERNAL REVENUE SERVICE,
Defendants-Appellees,
and
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20;
DOE ENTITIES 1-20 AND DOE GOVERNMENTAL UNITS 1-20, Defendants.
(CASE NO. 1CCV-XX-XXXXXXX)

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)

Upon consideration of the May 22, 2026 "Stipulation
for Dismissal with Prejudice of Defendant Mia Ban's Notice of
Appeal to the Intermediate Court of Appeals of the State of
Hawaii from the October 6, 2025 Judgment, Filed Herein on
December 5, 2025" filed by Plaintiff-Appellee U.S. Bank Trust
National Association, Not in Its Individual Capacity, but Solely
as Trustee of the Truman 2021 SC9 Title Trust, and the record,
it appears that: (1) the appeal has been docketed, (2) the
parties stipulate to dismiss the appeal and bear their own
attorneys' fees and costs on appeal, (3) the stipulation is
dated and signed by counsel for all parties appearing in the
appeal, and (4) dismissal is authorized by Hawaiʻi Rules of
Appellate Procedure Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the stipulation
is approved and the appeal is dismissed. The parties shall bear
their own attorneys' fees and costs on appeal.
DATED: Honolulu, Hawaiʻi, June 17, 2026.
/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

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