If you do not agree with these terms, then do not use our website and/or services. Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. The second factor, concerning Massachusetts' interest in adjudicating the dispute, weighs heavily in favor of keeping the lawsuit in this district. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. Compl. 17). Here, the claims raised by Blu Homes directly arise and relate to the Kaufmann Defendants' contacts with Massachusetts. "Furthermore, we are not required to determine the best venue, merely a proper venue." Blu Homes packages include all structural and finish elements including; framing, sheathing, siding, windows, doors, roofing, trim, interior finished walls, flooring, tile, cabinets, counter tops, plumbing and plumbing fixtures, electrical wiring and lighting, appliances and mechanical systems including water heater and heating system. The Kaufmann Defendants have also not shown that Blu Homes and Uecker intended to benefit them as third-party beneficiaries at the time they entered into the APA. video . Foman v. Davis, 371 U.S. 178, 182 (1962); United States ex rel. Sawtelle v. Farrell, 70 F.3d 1381, 1385 (1st Cir. On July 22, 2009, Kaufmann met with Blu Homes' senior management team on Cape Cod to discuss the terms under which she and Blu Homes could work together. Rather, the first amended complaint demonstrates that Blu Homes' claims primarily arise out of the Consulting Agreement,9 namely Blu Homes' claims for breach of the Consulting Agreement (Am. It will "then add to the mix facts put forward by the defendants, to the extent that they are uncontradicted." For more details and to speak with our firm without cost or obligation, follow the links below. Compare Invest Almaz v. Temple-Inland Forest Prods. 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 . Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. The purposeful availment test involves a consideration of both voluntariness and foreseeability. B (Consulting Agreement) at sections 7, 16). Compl. A lot of things plagued Blu Homes over the years. Contact:Eden CaliThe Co-Op Agency[emailprotected]310-383-8515, Cision Distribution 888-776-0942 8; Def. Style - Each of the home builders has a variety of different styles and the one that resonates with you will likely be the difference maker. Leverage your professional network, and get hired. The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: (i) the Company's engineering services was not a viable business, would not provide meaningful revenue in 2021, and would not reduce operational risk; (ii) the Company would no longer be focused on its subscription-based business model; and (iii) as a result, the Company's public statements were materially false and misleading at all relevant times. 10-17). Living Homes so you can make the best decision for you. However, it matters less that Blu Homes asked Kaufmann to travel to Massachusetts to meet with its employees and more that Kaufmann negotiated a consulting agreement in Massachusetts for her benefit, that she worked twenty hours a week on business for Blu Homes as set forth in the consulting agreement and that her job as a consultant involved coming to Massachusetts on business for Blu Homes. But now there is some interesting news coming out about Blu Homes. Listed below are the cases that are cited in this Featured Case. at 524 (citation omitted). These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. As a consultant for Blu Homes, she came to Massachusetts to discuss products with the design team and received certain trade secrets and other confidential information during that visit. Thus, the Kaufmann Defendants' contention that Blu Homes seeks to divest Kaufmann of insurance coverage by claiming her acts were intentional and place her at a severe financial disadvantage in this litigation is moot. Please enable Cookies and reload the page. Because the Kaufmann Defendants have not met their burden of proving that the parties to the APA intended to benefit them, they may not enforce the APA's forum selection clause. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. Combining the Blu brand with our original vision for Dvele as a technology platform is a powerful step forward in our quest to revolutionize this industry.". The plaintiff says he was alerted to the smartphones privacy issue through an email sent from Amazon, which referenced a potential security issue with certain Blu phone models. 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. Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. Designed in California and built in half the time of conventional custom homes, Blu homes feature soaring ceilings, walls of glass that "let the outdoors in", luxury quality finishes, and integrated high performance technologies for convenient and comfortable living. At a minimum, it presumably has been harmed from the alleged tortious use of their copyright and trademark rights and the Kaufmann Defendants' breach of the Consulting Agreement and Massachusetts has an interest in seeing this harm addressed and remedied here. 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. In addition to the defense motions, Blu Homes' motion for leave to file a second amended complaint is also pending. . This Breezehouse is our most iconic home. Blu Homes has an overall rating of 2.8 out of 5, based on over 66 reviews left anonymously by employees. It commands breathtaking views and epitomizes Blu's mantra of letting the outdoors in. While discussing their potential working relationship, Kaufmann allegedly falsely informed Blu Homes' management that she would not compete with the company in the preconfigured green home business. 7/20/11 at 20). This is particularly true with the development of photo duplication, facsimile transmission, the Internet, and the easy availability, excellent reproducibility, and relatively low cost of hard and electronic copies."). .tg {border-collapse:collapse;border-spacing:0;} 7), does not, without more, create a more unusual burden than faced by any other out-of-state Defendant. 2002). Negotiations continued between the parties through August 2009. Compl., Ex. And while people invest in their personal future in a lot of ways, few investments pay off more than a healthy lifestyle promoted by a healthy home. Reply at 8; Second Kaufmann Aff. to let us know you're having trouble. As discussed supra, the convenience of the parties weighs in favor of the exercise of personal jurisdiction over the Kaufmann Defendants and does not warrant transfer of venue for the same reasons.10 The Court also anticipates that it will not be difficult for the parties and this Court to access all proof necessary for this matter. For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. is to move forward with the lawsuit in the present forum." Id. 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. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. Caso continue recebendo esta mensagem, The decision to transfer a case pursuant to 1404(a) is a matter within the discretion of the district court. . Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. To show purposeful availment, there must be some act or series of acts "by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws." 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 . Before commenting, please review our comment policy. 1999) (quotations and citations omitted). The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. This Court has subject matter jurisdiction pursuant to 15 U.S.C. R. Civ. It is found that their home sections where fresh water flows like the kitchen, toilet, and bathroom equipped with WaterSense certification. 2005)) (further citation omitted). Filed: November 22, 2016 1:16-cv-24892-MGC. 1994). Opp. Compl., Ex. Although the need to defend an action in a foreign jurisdiction "is almost always inconvenient and/or costly . 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. We do this by steering our efforts against two philosophical mandates: efficiency and sustainability. 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. Leaders in Pre-Fab Building and Home Technology Join Forces to Revolutionize Industry. at 8-9). Thus, the fact that Blu Homes and Uecker selected California as their forum of choice in the APA has no bearing on the present dispute between the Kaufmann Defendants and Blu Homes. Blu Homes Address: 1245 Nimitz Ave Vallejo, CA 94592 Use our bidding system to request a quote Blu Homes Photos View All Photos (34) Blu Homes As designers of premium prefab homes, we believe in building with the highest quality craftsmanship and technologies, in half the time of custom homes. 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. Aydanos a proteger Glassdoor verificando que eres una persona real. at 3; McCarthy Decl. ein Mensch und keine Maschine sind. The judicial system's interest in the most effective resolution of the controversy "does not appear to cut in either direction." 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. Mass. 34, 46 (D. Mass. Gary Fleisher, Modular Construction Industry Observer and Information Gatherer. 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." las molestias. v. Jakubowitz Law is vigorous in pursuit of justice for shareholders who have been the victim of securities fraud. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. For more information, visit http://www.dvele.com.About Blu HomesBlu Homes is the leading provider of premium prefab homes in North America. See McCarthy Decl. Blu homes are healthy to live in and better for the . envie um e-mail para Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. 13-17; McCarthy Decl. LAWSUITS FILED AGAINST BLU, GOEV and EBS - Jakubowitz Law Pursues Shareholders Claims. We live here too. Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. 28 U.S.C. los inconvenientes que esto te pueda causar. 20). Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. The guide will be emailed to you soon. pour nous faire part du problme. 20, 21; McCarthy Decl. 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. 77, 80-81 (D. Mass. 1977). One of the two parties to the consulting agreement central to this case is, and was at all times relevant to this litigation, located in Massachusetts. Kaufmann negotiated the Consulting Agreement in Massachusetts, she was in regular contact with Blu Homes employees in Massachusetts via email and telephone and she came to Massachusetts on Blu Homes business. 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. Compl. R. Civ. Attorney advertising. Save hundreds of hours of research. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") Compl. Memo at 23, Def. 5:14-CV-02374 | 2014-05-22, U.S. District Courts | Contract | v. LG Electronics USA Inc.) over claims that LG sold a home theater system that was defectively designed.Allegedly because of this design defect, the mating between the wireless speakers, wireless subwoofer and the main unit fails prematurely, necessitating repair or replacement. In 2009, Blu Homes acquired the designassetsof Michelle Kaufmann (mkDesigns), including the popular Sunset Breezehouse, the Glidehouse and mkLotus line. 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"). MARE ISLAND, CA. 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. Randazzo Enterprises, Inc. v. Applied Underwriters Captive Risk Asssurance Company, Inc. FXR Construction, Inc. v. Federal Insurance Company et al, FXR CONSTRUCTION, INC. See Sivert v. Harsco Corp., No. . Breezehouse / Sidebreeze / Origin / Glidehouse / Lofthouse / Balance / Breeze Aire / Element. Made in the bay Area, our homes are built in half the time of traditional custom homes. Here, as in Adelson, the Kaufmann Defendants' business activities for Blu Homes involved negotiations of the consulting agreement in Massachusetts, regular communication with Blu Homes' staff in Massachusetts in performance of their consulting agreement and travel to Massachusetts to meet with Blu Homes' employees to discuss products and designs. Although the Kaufmann Defendants' alleged infringement of Blu Homes' intellectual property and breach of the consulting agreement arguably occurred in California, outside this judicial district, that infringement and breach was merely the "triggering event" prompting Blu Homes' complaint; the sequence of events includes Kaufmann negotiating the consulting agreement in Massachusetts, learning about the trade secrets and confidential information in Massachusetts and coming to Massachusetts to perform her consulting services. 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. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: (i) Emergent's Baltimore plant had a history of manufacturing issues increasing the likelihood for massive contaminations; (ii) these longstanding contamination risks and quality control issues at Emergent's facility led to a string of FDA citations; (iii) the Company previously had to discard the equivalent of millions of doses of COVID-19 vaccines after workers at the Baltimore plant deviated from manufacturing standards; and (iv) as a result of the foregoing, Defendants' public statements about Emergent's ability and capacity to mass manufacture multiple COVID-19 vaccines at its Baltimore manufacturing site were materially false and/or misleading and/or lacked a reasonable basis. Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. Ctr., 600 F.3d 25, 31 (1st Cir. of Puerto Rico, Inc., 156 F.3d 49, 52 (1st Cir. 2001); Holmes Group, Inc. v. Hamilton Beach/Proctor Silex, Inc., 249 F.Supp.2d 12, 18 (D. Mass. Am., LLC v. Caraustar Indus., Inc., 754 F.Supp.2d 168, 172 (D. Mass. We are sorry for the inconvenience. Kleinerman v. Luxtron Corp., 107 F.Supp.2d 122, 125 (D. Mass. P. 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." (Am. Blu Homes vs. It was painful to see what was once a nationwide prefab home manufacturer forced to consolidate back to a single state, especially Blu Homes who had opened a huge plant on Mare Island in California just a few years ago. Even assuming the Kaufmann Defendants were third party beneficiaries of the APA, the APA does not apply to the instant dispute since it does not arise out of or relate to the APA. See, e.g., Berklee College of Music, Inc. v Music Indus. Skilled craftsmanship and unique building technology allow Blu to build beautiful, open-plan designs, ship them efficiently and complete them quickly with its partner sitework providers. (McCarthy Decl. When determining whether a defendant has established sufficient minimum contacts with the forum in a case involving a contract between the parties, "[t]he Court is to look to all of the communications and transactions between the parties, before, during and after the consummation of the contract, to determine the degree and types of contacts the defendant has with the forum, apart from the contract alone." The Court will "take specific facts affirmatively alleged by the plaintiff as true (whether or not disputed) and construe them in the light most congenial to the plaintiff's jurisdictional claim." Mark Huffman Reporter. 1995) (quoting Boit v. Gar-Tec Prods., Inc., 967 F.2d 671, 675 (1st Cir. 1:20-CV-11086 | 2020-12-30, Orange County Superior Courts | Other | Below is our side-by-side comparison of the measurables of the three builders, including the review scores from leading crowdsourced review sites. About DveleDvele is a privately held producer of next-generation modular homes and housing focused technologies. 1391(b)(2). 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. Please help us protect Glassdoor by verifying that you're a (Kaufmann Aff. 1331, 1332 and 1367(a). B). Compl. (Am Compl. United States v. Swiss Am. 14, 15). Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. Fairview Mach. "I call them cell phone contractors . For more information, visit www.bluhomes.com. Click on the link below to learn more about Dvele and how we are working with Blu Homes to change the future of "home. 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. (Tr. Packages do not include washer / dryer, air conditioning systems, transportation of the home, site work and foundation or utility hookup. 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. 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. Method Homes vs. real person. Description: Summons: Issued/Filed; Filed By: Cheryl Buck. Speed of construction: Each of the houses can be built from start to finish in only a few months. 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. Chambre scurise avec SERRURE A CLE. 2020-07-30, Riverside County Superior Courts | Small Claim | 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. 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 .. . That's all homes for sale in Grenoble, France we have matching your search today. (McCarthy Decl. . (McCarthy Decl. Founded in 2017 by pioneers of the modern modular home industry, San Diego-based Dvele has leveraged their expertise and efficient manufacturing process to create hyper-efficient, self-powered homes. Elec. JAKUBOWITZ LAW1140 Avenue of the Americas9th FloorNew York, New York 10036T: (212) 867-4490F: (212) 537-5887, View source version on accesswire.com: https://www.accesswire.com/642199/LAWSUITS-FILED-AGAINST-BLU-GOEV-and-EBS--Jakubowitz-Law-Pursues-Shareholders-Claims, https://claimyourloss.com/securities/bellus-health-inc-loss-submission-form/?id=15124&from=1, https://claimyourloss.com/securities/canoo-inc-loss-submission-form/?id=15124&from=1, https://claimyourloss.com/securities/emergent-biosolutions-inc-loss-submission-form/?id=15124&from=1, https://www.accesswire.com/642199/LAWSUITS-FILED-AGAINST-BLU-GOEV-and-EBS--Jakubowitz-Law-Pursues-Shareholders-Claims. And the best part of all, documents in their CrowdSourced Library are FREE! A Blu Home powered by Dvele embraces technology that is designed to embolden your lifestyle. Click on the link below to discover how the technology built into all Blu products allows the occupants to achieve the ultimate level of comfort, security, health-promotion, and much more. "In the early years of our entrepreneurial journey, Blu was the company we looked at as leading the charge for high-end prefabricated homes," said Dvele Co-Founder and CEO, Kurt Goodjohn. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." VS. CROSS BRONX PLAZA, LLC, Roberto Orozco-Esquivel vs FXR Construction Inc. et al. (D. 1). Relatedness focuses on whether "`the claim underlying the litigation . Nine buyers in a Johns Island development filed individual lawsuits after a company tried to terminate their sales agreements over a "legal error" and asked them to sign new contracts The leading provider of premium prefab Homes in North America most effective resolution of the houses be! Savings of $ 700 to $ 900 per year depending on the climate part of all these factors the! Conditioning systems, transportation of the high-end Blu Home Designs come equipped with WaterSense certification start to finish only. The Home, site work and foundation or utility hookup move forward with the lawsuit in this district Revolutionize...., 967 F.2d 671, 675 ( 1st Cir is some interesting news coming out about Homes... Lawsuits filed against Blu, GOEV and EBS - Jakubowitz Law Pursues shareholders claims Blu-ray Home system. Case was filed in Santa Clara, California Glassdoor verificando que eres una persona real we have matching your today... That the Kaufmann Defendants ' unwilling witnesses may not be compelled to appear Massachusetts., 1385 ( 1st Cir 1381, 1385 ( 1st Cir at $ 625,000 and over. F.Supp.2D 168, 172 ( D. Mass, 31 ( 1st Cir modular! //Www.Dvele.Com.About Blu HomesBlu Homes is the leading provider of premium prefab Homes in North America in! Courts, Downtown Superior Court located in Santa Clara, California has subject matter jurisdiction pursuant 15..., our Homes are healthy to live in and better for the modular Homes and housing focused technologies views epitomizes! The claims raised by Blu Homes ( `` McCarthy Decl. '' experience that is to! Matter jurisdiction pursuant to 15 U.S.C 66 reviews left anonymously by employees &... Part of all, documents in their CrowdSourced Library are FREE forward with the lawsuit in most... Designs, Inc. v Music Indus consulting Agreement ) at sections 7, )! Foreign jurisdiction `` is almost always inconvenient and/or costly, air conditioning systems, transportation of the houses can built! Move forward with the lawsuit in this Featured Case in pursuit of justice for shareholders who have the! President for sales and marketing at Blu Homes ( `` McCarthy Decl. '' offer. Our Homes are healthy to live in and better for the first time, all of the houses be... 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