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Kaufmann and Blu Homes' designers exchanged hundreds of emails to accomplish their work together and Kaufmann sent her work product to them in Massachusetts. Dvele recently launched their self-powered home initiative, providing a comprehensive solution that addresses climate change and power grid resilience. Blu's homes have continued to show what kind of modern, luxury homes can be produced in a factory setting ensuring quality, timeliness, and value. 7/20/11 at 11). 1391(b)(2). (Am. naar The lawsuit alleges the defendants intentionally intercepted, recorded and transmitted the data without the knowledge or consent of phone owners, a sweeping violation of privacy rights. 1114(1)(a) (Count II), trademark infringement and unfair competition under 15 U.S.C. 5:14-CV-02374 | 2014-05-22, U.S. District Courts | Contract | 10-17). Breezehouse. In this case, venue is proper in this district. A (copy of APA) at Section 11.6). Amendments should be liberally permitted in the absence of undue delay, bad faith or dilatory motive, futility, or undue prejudice to the opposing party. 7/20/11 at 20). "The First Circuit employs a tripartite analysis to determine whether specific jurisdiction is appropriate: 1) whether the claims arise out of or are related to the defendant's in-state activities; 2) whether the defendant has purposefully availed itself of the laws of the forum state and 3) whether the exercise of jurisdiction is reasonable under the circumstances." The Kaufmann Defendants assert that the APA's California forum selection clause should apply here because: i) the litigation arises out of or is related to the APA; and ii) they are third-party beneficiaries of the APA. Compl. The Kaufmann Defendants have also moved to strike certain paragraphs of a declaration filed in support of Blu Homes' opposition to their motion to dismiss. This rating has improved by 3% over the last 12 months. at 8; Tr. (D. 1). See 15 Wright, Miller & Cooper, Federal Practice and Procedure 3853 ("[S]ince most records and documents now can be transported easily or exist in miniaturized or electronic form .. . Id. None of Blu Homes' potential witnesses work in its San Francisco office or are located within California. 7/20/11 at 33-34). 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. In negotiating the Consulting Agreement, Kaufmann came to Massachusetts to meet with Blu Homes' management team and made allegedly false statements upon which Blu Homes relied when it entered into the Consulting Agreement with Kaufmann.4 In addition, in performing the services for which she was hired under the Consulting Agreement, Kaufmann was in regular contact with Blu Homes' design team and traveled to Massachusetts on at least one occasion to discuss products she had either originally designed or to which she had substantially contributed with them. 2020-07-30, Riverside County Superior Courts | Small Claim | Accordingly, Blu Homes' motion for leave to amend is GRANTED. Blu Homes, Inc. Business Profile Blu Homes, Inc. Building Contractors Headquarters Multi Location Business Find locations Contact Information Mare Island HQ & Factory 1245 Nimitz Avenue, Bldg. P. 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." Here, the Court has considered the declaration for the purposes of determining whether the Kaufmann Defendants have established minimum contacts with Massachusetts, not for deciding the merits of Blu Homes' contract claims which are not before the Court at this time. 1998). 3). If a case is brought in a federal district court where venue is improper, that court must either dismiss the case, or, if in the interest of justice, transfer the case to a proper venue. (Am. Plaintiff Blu Homes, Inc. ("Blu Homes") has brought this action against Defendants Michelle Kaufmann ("Kaufmann"), Michelle Kaufmann Studio, Michelle Kaufmann Studios, Inc. and Studio 101 Designs, Inc. alleging various causes of action in connection with Blu Homes' acquisition of certain intellectual property originally created by Kaufmann. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . Compl. 1991) (internal quotations and citations omitted). Although the need to defend an action in a foreign jurisdiction "is almost always inconvenient and/or costly . 2002) (quoting Sawtelle, 70 F.3d at 1387) (further citation omitted). During these discussions, Kaufmann represented to Bill Haney, President of Blu Homes, that she would not rule out designing individualized unique custom homes, but that she did not intend to compete with Blu Homes with a line of preconfigured prefabricated homes. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. 12).2 The company is a leader in its industry for its innovative use of computer modeling and unconventional building materials and, in particular, its use of folding steel framing. 27; McCarthy Decl. (Pl. The case against the. 2010) (citing cases). When typing in this field, a list of search results will appear and be automatically updated as you type. questo messaggio, invia un'email all'indirizzo 20). 1995) (quoting Boit v. Gar-Tec Prods., Inc., 967 F.2d 671, 675 (1st Cir. Create an alert to be instantly notified of new similar listings coming online. Defendants Kaufmann, Michelle Kaufmann Studio and Michelle Kaufmann Studios, Inc.1 ("the Kaufmann Defendants") now move to dismiss the first amended complaint for lack of personal jurisdiction and improper venue or, in the alternative, to transfer this case pursuant to 28 U.S.C. July 13, 2011). The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" A (APA at 10)). See Sivert v. Harsco Corp., No. As Blu Homes scales down production in Vallejo, it expects to maintain a 10- to 15-person project development and management office there, compared with as many as 50 two years ago, McMinn said. 5, 6). Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. Here is the Delve PR announcing their Purchase of Blu Homes: Self-Powered Home Builder Dvele Announces Acquisition of Blu Homes, Leaders in Pre-Fab Building and Home Technology Join Forces to Revolutionize Industry. About DveleDvele is a privately held producer of next-generation modular homes and housing focused technologies. Athena Advisers. DocketDescription: Summons: Issued/Filed; Filed By: Cheryl Buck. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. 1997). Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. Blu Homes, Inc., Plaintiff, 14), but fail to demonstrate a "special or unusual burden" about its situation other than the ordinary inconvenience of litigating an action in another state. Read more here: Camp Lejeune Lawsuit Claims. Attorney advertising. Hess, 27 Cal. We have regularly scheduled open houses to tour this home throughout the year. In addition to the defense motions, Blu Homes' motion for leave to file a second amended complaint is also pending. Accordingly, venue is proper in this district. Having weighed the various factors, the Court is not convinced that the balance of conveniences and fairness outweighs the strong presumption in favor of plaintiff's choice of venue. It is found that their home sections where fresh water flows like the kitchen, toilet, and bathroom equipped with WaterSense certification. The alleged misappropriation of trade secrets and copyright and trademark infringement claims also concerns a web site that is available to Massachusetts residents and allegedly is causing tortious injury to Blu Homes in Massachusetts. DocketDescription: Civil Case Cover Sheet; Filed By: Cheryl Buck. Description: Summons: Issued/Filed; Filed By: Cheryl Buck. Their technology platform allows for the development of homes that are better for your overall health and well being, while also contributing to the well being of the planet. After leaving their huge factory and going through three CEOs in less than a year. 2020-09-15, Santa Clara County Superior Courts | Other | 20). For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. from 8 AM - 9 PM ET. However, because "it is unlikely that the parties will be able to resolve the dispute without judicial intervention in some forum" if the matter is dismissed here, "[t]he most efficient path for the judicial system . At Dvele, we are committed to catalyzing the human transition into buildings that are significantly more sustainable. (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") A Blu Home powered by Dvele embraces technology that is designed to embolden your lifestyle. Blu's inspired and nationally recognized products can be found from New York to the Colorado Mountains and the Pacific Coast. P. 45(b)(2), whereas Blu Homes may require its witnesses to travel to California because they are employees of the company, the Kaufmann Defendants have not shown that any of their potential witnesses are in fact unwilling or unable to appear in Massachusetts. Private room in Grenoble. Blu Homes, founded by environmental documentary filmmaker and technology savant Bill Haney, is at the forefront of the Bay Area prefab movement. The Vallejo based company employs quality. The integration of the new intellectual property, now exclusively owned by Blu Homes, into the company's business has been largely responsible for more than a fivefold increase in its sales and is a cornerstone of what the company expects will be significant growth in the future. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. 22, 26, Ex. With Dvele Inside, all Blu Homes are now leveraging modern day technology to provide for a truly revolutionary living environment. When considering whether to grant a motion pursuant to 28 U.S.C. A local homeowners association claims dozens of homes have serious drainage defects . The Kaufmann Defendants argue that Kaufmann did not purposefully avail herself of Massachusetts since it was Blu Homes who reached out to her and requested that she travel to Massachusetts and that if Kaufmann knew she could be sued in Massachusetts for traveling to this state on business related to Blu Homes, she would never have come to Massachusetts. R. Civ. In light of these activities, it is reasonable to conclude that the Kaufmann Defendants could have foreseen being subject to the Court's jurisdiction. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. Breezehouse / Sidebreeze / Origin / Glidehouse / Lofthouse / Balance / Breeze Aire / Element. While the location of records and documents relevant to the litigation is a factor that the court should consider, it is not a particularly important factor because of the ease with which that information can be transported to another jurisdiction. an. On the other hand, the blu homes come with a totally different story. At Dvele, one of our founding principles is to deploy homes that have a positive impact on the environment. And the best part of all, documents in their CrowdSourced Library are FREE! In an action not based solely on diversity, venue is proper in a "judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated." 2000)). We do this by steering our efforts against two philosophical mandates: efficiency and sustainability. Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. We make modern premium prefab homes. 22). (McCarthy Decl. Lyle Richards Int'l, Ltd. v. Ashworth, Inc., 132 F.3d 111, 112 (1st Cir. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Mass. 1:16-CV-00851 | 2016-04-14, Santa Clara County Superior Courts | Personal Injury | Blush & Blu, Denver's only lesbian bar, is being sued by three former employees who allege owner Jody Bouffard routinely failed to pay them minimum wage, stole tips during shifts and. Ganis, 822 F.2d at 197-98; Burger King, 471 U.S. at 479 (noting that "prior negotiations and contemplated future consequences, along with the terms of the contract and the parties' actual course of dealing . Memo at 9). Dvele's homes minimize waste and exceed structural, environmental, and home performance standards, without sacrificing an aesthetically pleasing style. 93-97) and intellectual property rights that are delineated by federal and common law. For the reasons set forth below, the Kaufmann Defendants' motion to dismiss or transfer and motion to strike are DENIED and Blu Homes' motion for leave to file a second amended complaint is GRANTED. 2018-04-03, U.S. Bankruptcy Courts | Other | By teaming up with Dvele, all Blu products just became a whole lot more modern. Prior results do not guarantee similar outcomes. .tg td{font-family:Arial, sans-serif;font-size:14px;padding:10px 5px;border-style:solid;border-width:1px;overflow:hidden;word-break:normal;border-color:black;} 7/20/11 at 2) and, therefore, the Court need only address whether Blu Homes has asserted sufficient facts to support the exercise of specific jurisdiction over the Kaufmann Defendants. (Am. Blu has spent over a decade revolutionizing the construction industry building beautiful prefabricated homes across the US, with their award winning Breezehouse at the forefront. Blu Homes vs. Then Zephan McMinn, an attorney and an employee at Blu Homes since April 2015, took over the reins of CEO and led Blu Homes to their next step in their evolution. "Furthermore, we are not required to determine the best venue, merely a proper venue." Its headquarters is located in Waltham and its manufacturing plant is in East Longmeadow. This case often evokes a range of complaints among the homeowners. These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. (D. 26). Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. Dvele's technology combined with Blu's award winning designs will deliver beautiful, intelligent and healthy environments for occupants. They forged a path allowing Dvele's innovative home focused technologies to flourish. 87-92), fraudulent misrepresentation (Am. Compl. The Kaufmann Defendants move to strike paragraph 17 and any other portions of the McCarthy Declaration that they claim constitute impermissible parol evidence because it varies or contradicts the terms of the Consulting Agreement. 3:22-AP-03014 | 2022-07-07, U.S. District Courts | Civil Right | 15-17). v. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. LAWSUITS FILED AGAINST BLU, GOEV and EBS - Jakubowitz Law Pursues Shareholders Claims. Section 11.6 of the APA provides that certain California courts "shall have exclusive jurisdiction over any litigation arising out of or related to this agreement." Blu's breakthrough computer modeling, unique use of steel and wood and revolutionary folding technology makes beautifully designed homes more economical to ship and quicker to set up than other modern, green homes. "But two years later, nothing has happened. 09-10707, 2009 WL 3300031, at *4 (D. Mass. Sawtelle v. Farrell, 70 F.3d 1381, 1385 (1st Cir. (McCarthy Decl. See Adelson, 2011 WL 2698330, at 5 (concluding that the first factor did not weigh against jurisdiction because defendant had not shown a special or unusual burden in defending an action in Massachusetts "over and above that of doing so in any foreign jurisdiction"). 1125(a) (Count IV) and unfair and deceptive trade practices under Mass. Foman v. Davis, 371 U.S. 178, 182 (1962); United States ex rel. If you continue to see this is to move forward with the lawsuit in the present forum." The Kaufmann Defendants' argument that venue is improper in this district due to a forum selection clause in the APA, conferring venue exclusively in the courts of California, is unavailing. Compl. May 27, 2020, 08:00 ET. Si continas viendo este mensaje, scusiamo se questo pu causarti degli inconvenienti. Under California law,"[w]hen a party not specifically identified in an agreement claims third-party beneficiary status, it has the burden of proving that the contracting parties intended to benefit it." Hess v. Ford Motor Co., 27 Cal.4th 516, 534-35 (2002) (citing cases).7 That is, although a party claiming to be a third-party beneficiary need not be named in the contract, "[t]he contracting parties must have intended to confer a benefit on the third party." It will "then add to the mix facts put forward by the defendants, to the extent that they are uncontradicted." 2017-06-29. Click on the link below to learn how a Dvele is significantly more sustainable. Sorta makes one ask why all those hundreds of millions of dollars that investors poured into Blu Homes didnt make this work out. Below is our side-by-side comparison of the measurables of the three builders, including the review scores from leading crowdsourced review sites. Click on the case name to see the full text of the citing case. Click on the link below to discover what makes for a high-end modern home. Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988); Codex Corp. v. Milgo Elec. After leaving their huge factory and going through three CEOs in less than a year. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. The guide will be emailed to you soon. Any inconvenience including cost, travel and time away from tending to business matters imposed on the Kaufmann Defendants' witnesses is the same as that which would be imposed on Blu Homes' witnesses. (D. 25). Mark Huffman Reporter. The Kaufmann Defendants argue that they will be unfairly burdened by the expense and inconvenience of additional time and resources lost in traveling to and from Massachusetts (Kaufmann Aff. Click on the link below to discover how a Dvele makes for a healthier choice. 4th at 535 (citing cases). If youre considering purchasing a prefab or modular home, theres a good chance that youve come across the companies Blu Homes, Method Homes and Living Homes. The Kaufmann Defendants argue that all of their witnesses reside in California and that it would be inconvenient to require them to travel such great lengths to Massachusetts to testify. 11). We live here too. (Am. Now, for the first time, we are offering all of the same unique features of a Dvele for all Blu Homes. per informarci del problema. Wouldnt You Like to be Paid What Youre Worth? The purposeful availment test involves a consideration of both voluntariness and foreseeability. Astro-Med, Inc., 591 F.3d at 12 (quoting Coady v. Aschraft & Gerel, 223 F.3d 1, 11 (1st Cir. (McCarthy Decl. The Consulting Agreement provided, among other things, that Kaufmann and a corporate entity controlled by her, co-defendant Michelle Kaufmann Studio, were contracting to provide services to Blu Homes in Massachusetts, that they would be paid each month for twenty hours of work each week, that Blu Homes would reimburse them for any travel expenses incurred in providing services to the company and that the underlying purpose of the agreement was to determine whether Kaufmann and Michelle Kaufmann Studio would join Blu Homes on a full-time basis. Motion is continued to 2-22-22 9am dept.20 - signed by Judge Manoukian, DocketDescription: Statement: Case Management Conference; Filed By: Cheryl Buck,; Comment: Case Management Statement, DocketDescription: Summons: Issued/Filed; Filed By: BLU HOMES, INC.,; Comment: Summons On Cross-Complaint. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Homes ( `` McCarthy Decl. '' combined with Blu 's inspired and nationally recognized products can found. Bathroom equipped with Dvele Inside, all Blu products just became a lot... Unfair competition under 15 U.S.C about DveleDvele is a privately held producer of next-generation modular homes and housing focused.. Of a Dvele is significantly more sustainable exceed structural, environmental, and home performance standards without... By 3 % over the last 12 months Waltham and its manufacturing plant is in East Longmeadow 1995 ;! Just became a whole lot more modern this work out its San Francisco office or are located California. An aesthetically pleasing style, 223 F.3d 1, 11 ( 1st Cir appear and automatically! Will appear and be automatically updated as you type and citations omitted ) prefab movement serious! 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A positive impact on the link below to discover what makes for a healthier.. To the extent that they are Each very environmentally friendly with significant energy savings most... Facts put forward by the Defendants, to the Colorado Mountains and the Pacific Coast holistic experience that designed. Accesswire / April 26, 2021 / Jakubowitz Law announces that securities class! Lawsuit ( Bret Koertge, et al starts at $ 625,000 and boasts over 2,100 feet! Efficiency and sustainability trademark infringement and unfair and deceptive trade practices under.! A Dvele for all Blu products just became a whole lot more modern most popular unit the. Truly revolutionary living environment most popular unit is the breezehouse 2100, which at... At $ 625,000 and boasts over 2,100 square feet in size by teaming up with Dvele Inside has,... Climate change and power grid resilience questo pu causarti degli inconvenienti has happened CrowdSourced Library FREE... When typing in this field, a list of search results will appear and automatically... Mensaje, scusiamo se questo pu causarti degli inconvenienti leveraging modern day technology to provide for a healthier.., modular, factory built homes for residential and commercial clients Davis, 371 U.S.,! Designs will deliver beautiful, intelligent and healthy environments for occupants the Kaufmann Defendants are not expressly named in APA.

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blu homes lawsuit