Arnold et al v. Fountaine Pajot Company
| James Arnold and Cheryl Arnold |
| Fountaine Pajot Company |
| David W. McCreadie |
| 8:2026cv01134 |
| April 20, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Other Statutory Actions |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2026. A more recent docket listing may be available from PACER.
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Filing 40
ORDER: Plaintiffs James Arnold and Cheryl Arnold's Motion to Remand (Doc. #25) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 6/17/2026. (DMD)
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| Filing 39 RESPONSE re 38 Order filed by Cheryl Arnold, James Arnold. (Cremeens, Jeanne) |
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Filing 38
ENDORSED ORDER: Based upon the Court's review of Plaintiffs' response (Doc. #36 at 19-20), it appears Plaintiffs are arguing that--if Defendant has not waived its personal jurisdiction challenge--the exercise of specific personal jurisdiction over Defendant is proper. However, Plaintiffs do not explicitly identify the sub-section of Florida's long-arm statute, Fla. Stat. 48.193(1)(a), upon which they rely. Accordingly, by June 18, 2026, Plaintiffs are directed to identify the sub-section(s) of Florida's long-arm statute upon which they are relying to establish specific personal jurisdiction over Defendant. The notice should not exceed 1 page and is not an invitation to Plaintiffs to brief the issue beyond the required identification of the relevant statutory sub-section(s). Signed by Judge Virginia M. Hernandez Covington on 6/16/2026. (DMD)
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Filing 37
ENDORSED ORDER: Defendant is directed to file a reply by June 22, 2026, to Plaintiffs' response, which should not exceed 7 pages. (Doc. #36). Although Defendant may address any argument from the response, Defendant should be sure to address the issue of personal jurisdiction. Signed by Judge Virginia M. Hernandez Covington on 6/15/2026. (DMD)
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| Filing 36 RESPONSE to #23 MOTION to Quash Service of Process, Set Aside State Court Default, and to Dismiss Complaint filed by Cheryl Arnold, James Arnold. (Attachments: #1 Exhibit A - State Court Case Management Order, #2 Exhibit B - Notice of Selection of Arbitrator, #3 Exhibit C - Declaration of Jeanne M. Cremeens, Esq., #4 Exhibit D - Declaration of James Arnold)(Cremeens, Jeanne) Modified text on 6/16/2026 (BD). |
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Filing 35
ENDORSED ORDER granting Plaintiffs' second unopposed motion for extension of time to respond to Defendant's motion. (Doc. #34). Response now due June 15, 2026. The Court will be disinclined to extend this deadline further. Signed by Judge Virginia M. Hernandez Covington on 6/12/2026. (DMD)
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| Filing 34 Second MOTION for Extension of Time to File Response/Reply by Cheryl Arnold, James Arnold. (Cremeens, Jeanne) |
| Filing 33 NOTICE of Serving F.R.C.P. 26(a)(1)(A) Initial Disclosures to Defendant by Cheryl Arnold, James Arnold (Cremeens, Jeanne) Modified text on 6/5/2026 (ABM). |
| Filing 32 RESPONSE in Opposition re #25 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by Fountaine Pajot Company. (Attachments: #1 Exhibit Declaration of Brandon Bushway)(Dmiszewicki, Aaron) |
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Filing 31
ENDORSED ORDER granting Plaintiffs' unopposed motion for extension of time to respond to Defendant's motion. (Doc. #30). Response now due June 12, 2026. Signed by Judge Virginia M. Hernandez Covington on 6/2/2026. (DMD)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply by Cheryl Arnold, James Arnold. (Cremeens, Jeanne) |
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Filing 29
ORDER appointing David McCreadie as mediator in this action. The mediation conference is scheduled for October 20, 2026, at 10:00 A.M. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 6/1/2026. (DMD)
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| Filing 28 NOTICE of mediation conference/hearing to be held on October 20, 2026, at 10:00 a.m. before David McCreadie.(Bushway, Brandon) |
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Filing 27
ENDORSED ORDER denying the motion for extension of time to file notice of mediation. (Doc. #26). It is not the Court's practice to extend deadlines because of the pendency of other motions. Such an extension would delay the case. Notice of mediation now due June 3, 2026. The Court reiterates that it does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 5/27/2026. (DMD)
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| Filing 26 Unopposed MOTION for Miscellaneous Relief, specifically Motion to Extend Deadline to Schedule Mediation by Cheryl Arnold, James Arnold. (Cremeens, Jeanne) |
| Filing 25 MOTION to Remand to State Court and Incorporated Memorandum of Law by Cheryl Arnold, James Arnold. (Coffman, William) |
| Filing 24 SUPPLEMENTAL Local Rule 3.01(g) Certification re #23 MOTION to Quash Service of Process MOTION to Vacate State Court Clerk's Default MOTION to Dismiss the Complaint for Insufficient Service, Lack of Personal Jurisdiction, and Failure to State a Claim by Fountaine Pajot Company. (Dmiszewicki, Aaron) Modified on 5/18/2026 to edit docket text(ELA). |
| Filing 23 MOTION to Quash Service of Process , MOTION to Vacate State Court Clerk's Default, MOTION to Dismiss the Complaint for Insufficient Service, Lack of Personal Jurisdiction, and Failure to State a Claim by Fountaine Pajot Company. (Attachments: #1 Exhibit A - Declaration of Alexandre Derche, #2 Exhibit B - Fountaine Pajot Warranty)(Dmiszewicki, Aaron) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 22 NOTICE of Appearance by Aaron Michael Dmiszewicki on behalf of Fountaine Pajot Company (Dmiszewicki, Aaron) |
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Filing 21
ENDORSED ORDER granting Defendant's second motion for extension of time to respond to the complaint. (Doc. #20). Response now due May 14, 2026. The Court will be disinclined to extend this deadline further. Signed by Judge Virginia M. Hernandez Covington on 5/12/2026. (DMD)
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| Filing 20 Second MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by Fountaine Pajot Company. (Bushway, Brandon) |
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Filing 19
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/4/2026. (GSO)
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Filing 18
ENDORSED ORDER: In light of the Court's #17 Case Management and Scheduling Order, no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 5/4/2026. (GSO)
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Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by December 21, 2026. Dispositive motions due by January 20, 2027. Pretrial Conference scheduled for May 13, 2027, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Jury Trial scheduled for the June 2027 trial calendar in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Conduct mediation by December 28, 2026. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 5/4/2026. (GSO)
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| Filing 16 CASE MANAGEMENT REPORT. (Bushway, Brandon) |
| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Cheryl Arnold, James Arnold. (Cremeens, Jeanne) |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Cheryl Arnold, James Arnold. Related case(s): Yes (Cremeens, Jeanne) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Fountaine Pajot Company. Related case(s): Yes (Bushway, Brandon) |
| Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fountaine Pajot Company identifying Other Affiliate La Compagnie Du Catamaran SAS for Fountaine Pajot Company. (Bushway, Brandon) Modified text on 4/29/2026 (AW). |
| Filing 11 NOTICE of Local Rule 1.07(c) and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (GSO) |
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Filing 10
ENDORSED ORDER granting in part and denying in part Defendant's motion for extension of time to respond and for leave to file excess pages. (Doc. #7). Response to the complaint now due May 11, 2026. The page limit is 30 pages, inclusive of all parts. Signed by Judge Virginia M. Hernandez Covington on 4/27/2026. (DMD)
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| Filing 9 SUPPLEMENT Second Supplemental Local Rule 3.01(g) Certificate by Fountaine Pajot Company. (Bushway, Brandon) . |
| Filing 8 SUPPLEMENT Supplemental Local Rule 3.01(g) Certificate by Fountaine Pajot Company. (Bushway, Brandon). |
| Filing 7 MOTION for Extension of Time to Respond re #1 Complaint and Notice of Removal and for Leave to File Excess Pages by Fountaine Pajot Company. (Bushway, Brandon). Added MOTION to File Excess Pages on 4/27/2026 (WLB). Modified on 4/27/2026 to edit docket text. (WLB). |
| Filing 6 NOTICE of Lead Counsel Designation by Jeanne M. Cremeens on behalf of Cheryl Arnold, James Arnold. Lead Counsel: Jeanne M. Cremeens, Esq. (Cremeens, Jeanne) Modified on 4/24/2026 to edit docket text. (WLB). |
| Filing 5 NOTICE of Appearance by Brandon Bushway on behalf of Fountaine Pajot Company (Bushway, Brandon) |
| Filing 4 NOTICE of Lead Counsel Designation by Charles Stuart Davant on behalf of Fountaine Pajot Company. Lead Counsel: Charles S. Davant. (Davant, Charles) |
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 4, 2026, file a completed uniform Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 4/21/2026. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:26-cv-1134-VMC-SPF. (AA) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pinellas County, case number 25-003375-CI filed in State Court on June 24, 2025. Filing fee $405, receipt number AFLMDC-24810208 filed by Fountaine Pajot S.A.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 State Court Civil Cover Sheet, #5 Civil Cover Sheet)(Davant, Charles) Modified text on 4/21/2026 (AW). |
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