AVANTSTAY INC v. JONES et al
| AVANTSTAY INC |
| HOLLIE JONES, JESSE CUNNINGHAM, ASHLEY PAVLOVICH, DONNIE SMITH and BONHEUR VACATIONS LLC |
| 5:2026cv00035 |
| February 3, 2026 |
| U.S. District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| MARK E WALKER |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on March 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 56 Sealed Document Re: #52 Minute Entry (baf) (One USB drive provided. The USB will be stored on the clerk's shelf in the Tallahassee division.) |
Filing 55
ORDER GRANTING MOTION TO COMPEL ARBITRATION. The motion to compel arbitration, ECF No. #27 , is GRANTED. This matter is STAYED pending resolution of the dispute by arbitration. The parties shall file a Status Report within 14 days after arbitration is resolved. The Clerk shall administratively close the file and shall reopen the file upon the parties filing a Status Report stating that arbitration has concluded. Signed by JUDGE MARK E WALKER on 3/30/2026. (kjw)
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Filing 54
AGREED ORDER ON PRELIMINARY INJUNCTION. AvantStay's motion for preliminary injunctive relief, ECF No. #7 , is GRANTED. Signed by JUDGE MARK E WALKER on 3/30/2026. (kjw)
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Filing 53
ORDER DENYING MOTION TO SEAL. This Court has considered, without hearing, Defendants' motion to file this Court's order on the preliminary injunction under seal. ECF No. #51 . For the reasons stated on the record at the hearing on March 30, 2026, the motion, ECF No. #51 , is DENIED. Signed by JUDGE MARK E WALKER on 3/30/2026. (kjw)
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| Filing 52 Minute Entry for proceedings held before JUDGE MARK E WALKER: Telephonic Preliminary Injunction Hearing / Status Conference. Ore tenus motion to file Customer List under seal is GRANTED; list to be filed by 3/31/2026. Orders are forthcoming. (Court Reporter Megan Hague.) (kjw) |
| Filing 51 DEFENDANTS' MOTION TO FILE INJUNCTION ORDER UNDER SEAL by BONHEUR VACATIONS LLC, JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH. (Attachments: #1 Exhibit Composite Exhibit A) (KERWIN, DANIEL) Modified title on 3/30/2026 (baf). |
| Filing 50 JOINT STIPULATION FOR ENTRY OF PRELIMINARY INJUNCTION ORDER by AVANTSTAY INC. (Attachments: #1 Exhibit Agreed Proposed Order Granting Preliminary Injunctive Relief) (HART, JONATHAN) Modified title on 3/30/2026 (baf). |
| Filing 49 NOTICE of Appearance by TARA R PRICE on behalf of AVANTSTAY INC (PRICE, TARA) |
| Filing 48 NOTICE OF TELEPHONIC HEARING RE: #7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction: Telephonic Motion Hearing set for 3/30/2026 01:00 PM ET / 12:00 PM CT before JUDGE MARK E WALKER. ALL PARTIES are directed to call Judge Walker's Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 855-244-8681 When prompted for an access code, enter: 2309 453 2428# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is compromised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 47 NOTICE REGARDING HEARING - As such the preliminary injunction hearing will remain scheduled for 1:00 p.m. (ET) on 3/30/2026, and will be telephonic. If any party objects to this schedule, they must file an objection today, 3/26/2026, by 12:00 p.m. (ET). Signed by JUDGE MARK E WALKER on 3/26/2026. (baf) |
| Filing 46 DOCKET ANNOTATION BY COURT: The clerk's office in the Tallahassee division received one USB containing #44 AVANTSTAY, INC.'S REPLY IN SUPPORT OF #7 PLAINTIFF AVANTSTAY, INC.'S EMERGENCY MOTION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND INCORPORATED MEMORANDUM OF LAW. The USB will be stored on the clerk's shelf in Tallahassee. (baf) |
| Filing 45 Sealed Document Re: #44 AVANTSTAY, INC.'S REPLY IN SUPPORT OF #7 PLAINTIFF AVANTSTAY, INC.'S EMERGENCY MOTION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND INCORPORATED MEMORANDUM OF LAW. (baf) |
| Filing 44 AVANTSTAY, INC.'S REPLY IN SUPPORT OF #7 PLAINTIFF AVANTSTAY, INC.'S EMERGENCY MOTION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND INCORPORATED MEMORANDUM OF LAW filed by AVANTSTAY INC. (Attachments: #1 Exhibit Second Doestch Declaration, #2 Exhibit Redd Declaration) (HART, JONATHAN) Modified title on 3/24/2026 (baf). |
| Filing 43 DOCKET ANNOTATION BY COURT: The clerk's office in the Tallahassee division received one USB drive containing #40 Sealed Document. USB will be stored on the clerk's shelf in Tallahassee. (baf) Modified verbiage on 3/23/2026 (baf). |
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Filing 42
ORDER GRANTING #41 MOTION TO SEAL. Signed by JUDGE MARK E WALKER on 3/23/2026. (baf)
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| Filing 41 PLAINTIFF AVANTSTAY, INC.'S MOTION TO FILE UNDER SEAL by AVANTSTAY INC. (HART, JONATHAN) Modified title on 3/23/2026 (baf). |
| Filing 40 Sealed Document Re: #7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 - Sealed Declaration) (baf) |
| Filing 39 AVANTSTAY, INC.'S RESPONSE IN OPPOSITION TO DEFENDANTS' #27 MOTION TO COMPEL ARBITRATION filed by AVANTSTAY INC. (HART, JONATHAN) Modified title on 3/20/2026 (baf). |
| Filing 38 NOTICE TO PLAINTIFF TO FILE UNREDACTED #7 MOTION FOR PRELIMINARY INJUNCTION - Plaintiff must file the unredacted motion and attachments on or before 3/23/2026, at 5:00 pm eastern time. Signed by JUDGE MARK E WALKER on 3/20/2026. (baf) |
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Filing 37
ORDER GRANTING #36 MOTION FOR EXTENSION OF TIME - Plaintiff's deadline to file a reply is extended to on or before 3/23/2026. Signed by JUDGE MARK E WALKER on 3/20/2026. (baf)
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| Filing 36 AVANTSTAY, INC.'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF AVANTSTAY, INC.'S MOTION FOR PRELIMINARY INJUNCTION by AVANTSTAY INC. (HART, JONATHAN) Modified title on 3/20/2026 (baf). |
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Filing 35
ORDER GRANTING MOTION TO SEAL re #33 Motion. The Clerk shall seal Exhibit E (ECF No. #32 -5), Exhibit F (ECF No. #32 -6), Exhibit H (ECF No. #32 -8), and Exhibit I (ECF No. #32 -9). Signed by JUDGE MARK E WALKER on 3/17/2026. (jcw)
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| Filing 34 NOTICE of Disclosure by BONHEUR VACATIONS LLC, JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH (SMITH, JOCELYN) |
| Filing 33 MOTION to Seal Document #32 Response in Opposition to Motion, PLAINTIFFS EMERGENCY MOTION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND INCORPORATED MEMORANDUM OF LAW by HOLLIE JONES, DONNIE SMITH, JESSE CUNNINGHAM, ASHLEY PAVLOVICH, BONHEUR VACATIONS LLC. (SMITH, JOCELYN) (Main Document 33 replaced on 3/17/2026) (jcw). |
| Filing 32 RESPONSE in Opposition re #7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I) (SMITH, JOCELYN) |
| Filing 31 NOTICE OF HEARING RE: #7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing set for 3/30/2026 01:00 PM ET / 12:00 PM CT before JUDGE MARK E WALKER. Joseph Woodrow Hatchett United States Courthouse and Federal Building, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 30 Minute Entry for proceedings held before JUDGE MARK E WALKER: Telephonic Status Conference held on 3/6/2026. Parties discuss casestatus and schedule for #7 Motion for Preliminary Injunction. Response/counter declarations due on or before 3/16/26; Reply/declarations, if any, due on or before 3/20/26. Response to #27 Motion to Compel due by 3/20/26. Preliminary injunction hearing set for 1:00 pm ET on 3/30/26 (Court Reporter Jan Davis ([email protected]) USDC-Wyoming). (vkm) |
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Filing 29
ORDER SETTING HEARING AND BRIEFING SCHEDULE: The preliminary injunction hearing is scheduled for 1:00 p.m. (ET) on 3/30/2026. The hearing will be telephonic in the event the parties do not plan to call live witnesses. The hearing will be in-person at the federal courthouse in Tallahassee, FL, in the event the parties intend to call live witnesses. The parties shall file a notice alerting this Court of any intent to call live witnesses at the hearing on or before 3/25/2026. Defendants' response to Plaintiff's motion and any supporting declarations or exhibits thereto are due on or before Monday, 3/16/2026. Plaintiff's reply and any supplemental declarations or exhibits are due on or before 3/20/2026. In addition, Plaintiff's response to Defendants' motion to compel arbitration is also due on or before 3/20/2026. Finally, this Court will reset the deadline for Defendants to answer or otherwise respond to the complaint after this Court rules on the pending motions. Signed by JUDGE MARK E WALKER on 3/6/2026. (jcw)
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Filing 28
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/17/2026. Rule 26 Meeting Report due by 4/16/2026. Discovery due by 6/30/2026. Status Report due by 4/2/2026. Signed by JUDGE MARK E WALKER on 3/3/2026. (jcw)
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| Set/Reset Deadlines as to #27 MOTION to Compel Arbitration. (Internal deadline for referral to judge if response not filed earlier: 3/16/2026). (jcw) |
| Filing 27 MOTION to Compel Arbitration by BONHEUR VACATIONS LLC, JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH. (KENNETT, JOSEPH) |
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Filing 26
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR EXTENSION re #25 Motion for Extension of Time. Inasmuch as this Court previously set a response deadline for Defendant Smith and a reply deadline for Plaintiff with respect to the pending motion for preliminary injunction, those deadlines are no longer in effect. Instead, this case is set for a telephonic scheduling conference on Friday, 3/6/2026, at 9:00 a.m. (ET)/8:00 a.m. (CT), at which time this Court will adjust the briefing schedule on the motion for preliminary injunction to afford defense counsel some additional time to respond. Signed by JUDGE MARK E WALKER on 3/2/2026. (jcw)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #1 Complaint,, #7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by BONHEUR VACATIONS LLC, JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH. (SMITH, JOCELYN) |
| Filing 24 NOTICE OF DESIGNATION OF EMAIL ADDRESSES by BONHEUR VACATIONS LLC, JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH (SMITH, JOCELYN) |
| Filing 23 NOTICE of Appearance by JOCELYN CHRISTINE SMITH on behalf of BONHEUR VACATIONS LLC, JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH (SMITH, JOCELYN) |
| Filing 22 NOTICE of Appearance by MATTHEW SCOTT SACKEL on behalf of All Plaintiffs (SACKEL, MATTHEW) |
| Filing 21 Corporate Disclosure Statement/Certificate of Interested Persons by AVANTSTAY INC. (HART, JONATHAN) |
| Filing 20 NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 3/6/2026 09:00 AM ET / 08:00 AM CT before JUDGE MARK E WALKER. ALL PARTIES are directed to call Judge Walker's Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 855-244-8681 When prompted for an access code, enter: 2309 453 2428# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is compromised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 19 Minute Entry for proceedings held before JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 2/23/2026. Parties discuss case status. Ruling by Court: Response to #7 Motion due by 3/2/2026. Reply due by 3/4/2026. Clerk to set for telephonic status conference at 9:00 am ET on 3/6/26. Clerk directed to accept emailed pleadings from Mr. Smith for filing (Court Reporter Shannon Zelt ([email protected]) USDC-Wyoming). (vkm) |
| Filing 18 NOTICE re #17 Status Report: Telephonic Scheduling Conference will proceed as scheduled with the parties served. The Court will address service issues via separate order. (vkm) |
| Filing 17 STATUS REPORT on Service by AVANTSTAY INC. (HART, JONATHAN) |
| Filing 16 NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 2/23/2026 10:00 AM before JUDGE MARK E WALKER. ALL PARTIES are directed to call Judge Walker's Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 855-244-8681 When prompted for an access code, enter: 2309 453 2428# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is compromised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
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Filing 15
ORDER GRANTING #13 MOTION FOR EXTENSION - Plaintiff's deadline to serve Defendants with a copy of the Complaint, the pending Motion for Temporary Restraining Order and Preliminary Injunction, the Court's prior Order, ECF No. #9 , and this Order, is extended to Friday, 2/20/2026. The telephonic scheduling conference is reset for Monday, 2/23/2026. Signed by JUDGE MARK E WALKER on 2/17/2026. (baf)
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| Filing 14 Proposed Briefing Schedule by AVANTSTAY INC re #9 Order (Attachments: #1 Exhibit Exhibit A - Email) (HART, JONATHAN) |
| Filing 13 MOTION FOR EXTENSION OF TIME TO COMPLY WITH THE COURT'S ORDER DIRECTING SERVICE ON ALL DEFENDANTS ON OR BEFORE FEBRUARY 13, 2026 AND INCORPORATED MEMORANDUM OF LAW by AVANTSTAY INC. (Attachments: #1 Exhibit Email) (HART, JONATHAN) Modified on 2/17/2026 to edit title (jcw). |
| Filing 12 NOTICE OF SERVICE OF PROCESS ON DONNIE SMITH filed by AVANTSTAY INC. (Attachments: #1 Exhibit Affidavit of Service) (HART, JONATHAN) Modified on 2/17/2026 to edit title (jcw). |
| Filing 11 NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 2/18/2026 05:30 PM before JUDGE MARK E WALKER. ALL PARTIES are directed to call Judge Walker's Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 855-244-8681 When prompted for an access code, enter: 2309 453 2428# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is compromised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
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Filing 10
ORDER GRANTING MOTION TO SEAL re #8 Motion to Seal. Plaintiff is permitted to file an unredacted copy of the Emergency Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction, and an unredacted copy of Reuben Doestch's Declaration under seal a separate docket entry. Signed by JUDGE MARK E WALKER on 2/10/2026. (jcw)
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE re #1 Complaint, #7 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. Plaintiff shall serve Defendants with a copy of the complaint, the motion for temporary restraining order and preliminary injunction, and this Order on or before Friday, February 13, 2026. The parties shall file a proposed briefing schedule with respect to the motion for preliminary injunction on or before 5:00 p.m. (ET), Tuesday, 2/17/2026. The Clerk shall set this matter for a telephonic scheduling conference on Wednesday, 2/18/2026, at 5:30 p.m. (ET). Signed by JUDGE MARK E WALKER on 2/10/2026. (jcw)
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| Filing 8 MOTION to Seal Exhibit 1 to Declaration of Reuben Doestch, Emergency MOTION to Seal Document #7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by AVANTSTAY INC. (Attachments: #1 Exhibit Exhibit 1 to be Filed under Seal) (HART, JONATHAN) |
| Filing 7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by AVANTSTAY INC. (Attachments: #1 Exhibit Exhibit A - Declaration of Doestch, #2 Exhibit Exhibit B - Declaration of Hart) (HART, JONATHAN) |
| Filing 6 Summons Issued as to BONHEUR VACATIONS LLC, JESSE CUNNINGHAM, HOLLIE JONES, ASHLEY PAVLOVICH, DONNIE SMITH. (jcw) |
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Filing 5
ORDER GRANTING MOTION TO SEAL re #3 MOTION. Plaintiff is permitted to file an unredacted copy of its Complaint and Exhibit 1 to its Complaint under seal as a separate docket entry. Signed by JUDGE MARK E WALKER on 2/3/2026. (jcw)
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| Filing 4 DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (jcw) |
| Filing 3 MOTION to Seal Document Exhibit 1 to the Complaint by AvantStay, Inc. (Attachments: #1 Exhibit 1 to be Filed under Seal) (HART, JONATHAN) |
| Filing 2 CIVIL COVER SHEET. (HART, JONATHAN) |
| Filing 1 COMPLAINT for Damages and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number AFLNDC-9781204.), filed by AvantStay, Inc. (Attachments: #1 Exhibit Exhibit 1 to be Filed under Seal, #2 Exhibit Exhibit 2 - Jones Agreement, #3 Exhibit Exhibit 3 - Cunningham Agreement, #4 Exhibit Exhibit 4 - Smith Agreement, #5 Exhibit Exhibit 5 - 30A Beach Girl #2, #6 Exhibit Exhibit 6 - Bonheur Vacations LLC, #7 Summons for H. Jones, #8 Summons for J. Cunningham, #9 Summons for A. Pavlovich, #10 Summons for D. Smith, #11 Summons for Bonheur Vacations, LLC) (HART, JONATHAN) |
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