It is found that their home sections where fresh water flows like the kitchen, toilet, and bathroom equipped with WaterSense certification. Please enable Cookies and reload the page. Founded in 2007 by current CEO Bill Haney and co-founder Maura McCathy, Blu Homes aims to provide affordable, high quality,architect-designed, eco-friendlyhomes in an efficient, simple process. Description: Summons: Issued/Filed; Filed By: Cheryl Buck. Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. Compl. 77, 80-81 (D. Mass. .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;} Here, the Kaufmann Defendants will be required to litigate this case in a Massachusetts court despite the fact that they and their witnesses are located in California. Am., LLC v. Caraustar Indus., Inc., 754 F.Supp.2d 168, 172 (D. Mass. (D. 1). These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. We live here too. Earth. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. 1406(a); See Fed. Read our Newswire Disclaimer. DocketDescription: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck, Contra Costa County Superior Courts | Contract | Filed: November 22, 2016 1:16-cv-24892-MGC. 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."). 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. . On the other hand, the blu homes come with a totally different story. VS. CROSS BRONX PLAZA, LLC, Roberto Orozco-Esquivel vs FXR Construction Inc. et al. About DveleDvele is a privately held producer of next-generation modular homes and housing focused technologies. In their filings, the Kaufmann Defendants argue that allowing Blu Homes to describe the their acts in the complaint as intentional would amount to undue prejudice under Rule 15(a)(2) because intentional acts would not be covered under Kaufmann's insurance policy (which has not been produced to the Court) and would severely limit Kaufmann's ability to litigate this case. It seems they were just purchased by Delve. video . 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. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. 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. Astro-Med, Inc. v. Nihon Kohden Am., Inc., 591 F.3d 1, 9 (1st Cir. Michelle Kaufmann, Michelle Kaufmann Studios, Inc., Michelle Kaufmann Studio, Studio 101 Designs, Inc., Defendants. The Kaufmann Defendants contend that evidence is more readily available in California because it is located there. Our team of Dvelees shares a common vision to inspire a new future full of beautiful, health-promoting homes that are entirely self-powered, adaptable, safe and highly resilient. Sawtelle v. Farrell, 70 F.3d 1381, 1385 (1st Cir. Ticketmaster, 26 F.3d at 211. Although it may be true that phone calls and posting information on a website, without more, are insufficient on their own to satisfy the minimum contacts standard, this was not, as discussed above, the Kaufmann Defendants' only forum-related conduct. Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. The enormity of a homes potential contribution as a positive or negative influence on our daily lives is not often fully understood by most homeowners. (D. 25). Blu Homes offers modern, modular, factory built homes for residential and commercial clients. 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. The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" New to ClassAction.org? Kaufmann and Blu Homes' designers exchanged hundreds of emails to accomplish their work together and Kaufmann sent her work product to them in Massachusetts. This case often evokes a range of complaints among the homeowners. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . 6:10. thus, the moving defendant . R. Civ. 09-10707, 2009 WL 3300031, at *4 (D. Mass. .tg th{font-family:Arial, sans-serif;font-size:14px;font-weight:normal;padding:10px 5px;border-style:solid;border-width:1px;overflow:hidden;word-break:normal;border-color:black;} Venue is proper in this Court and the Court will not dismiss on this basis or transfer the case. "These are the only thing that we have. Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir. R. Civ. United States District Court, D. Massachusetts.https://leagle.com/images/logo.png. (Am. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. Click on the case name to see the full text of the citing case. Even when a case is brought in a proper venue, a court may nonetheless transfer the case to any other proper venue for the convenience of parties and witnesses and in the interest of justice. at 8; Tr. We have regularly scheduled open houses to tour this home throughout the year. Ajude-nos a manter o Glassdoor seguro confirmando que voc uma pessoa de July 7, 2009) (noting that defendants had not shown that witnesses no longer employed by defendant "would be unwilling or unable to appear in Massachusetts"). Mobile phone manufacturer BLU Products, Inc. and its co-owner have reached a settlement with the Federal Trade Commission over allegations that the company allowed a China-based third-party service provider to collect detailed personal information about consumers, such as text message contents and real-time location information, without their (D. 36). A class action lawsuit claims Blu Products installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals' confidential data. envie um e-mail para 1991) (internal quotations and citations omitted). . para nos informar sobre o problema. 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. We make modern premium prefab homes. If you do not agree with these terms, then do not use our website and/or services. In light of these activities, it is reasonable to conclude that the Kaufmann Defendants could have foreseen being subject to the Court's jurisdiction. 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. Elec. must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." Accordingly, Massachusetts is a proper venue. Astro-Med, 591 F.3d at 12 (quotations and citations omitted). (Def. Public Records Policy. 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. That's all homes for sale in Grenoble, France we have matching your search today. at 9). Pesmel N. 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. (Am. (McCarthy Decl. When considering whether to grant a motion pursuant to 28 U.S.C. at 8-9). 1121 and 28 U.S.C. Modular construction involves, GS Engineering and Construction (GS E&C), the construction arm of the GS Group, is bringing its modular wood-frame homes to Korean consumers. In June of 2020, Dvele acquired Blu Homes, another high-end modular home builder sharing a common vision of providing high-end homes that are ultra-efficient and health-promoting. Compl. [Builder of each home from left to right is Blu Homes, Method Homes, Living Homes]. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. 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. 13-17; McCarthy Decl. MARE ISLAND, CA. In considering and weighing these factors, the Court's exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. 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. Although the Kaufmann Defendants rely on Kaufmann's affidavit to show her reasons for assigning the assets to Uecker, it is the intentions of Uecker and Blu, the actual parties to the contract, that control. Dvele recently launched their self-powered home initiative, providing a comprehensive solution that addresses climate change and power grid resilience. See, e.g., Berklee College of Music, Inc. v Music Indus. Bank, Ltd., 274 F.3d 610, 623-24 (1st Cir. While in California, Kaufmann, as Blu Homes' consultant, participated in phone calls and exchanged hundreds of emails with the company's design team to collaborate on designs and products. 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. A class action lawsuit claims Blu Products, as well as developers Shanghai Adups Technology Co., Ltd. And Adups USA LLC, installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals' texts, call logs, physical locations, personal contacts and other confidential data and transmitted the information to a server in . must be evaluated in determining whether the defendant purposefully established minimum contacts within the forum"). R. Civ. Memo at 9). Si vous continuez voir ce . For the foregoing reasons, the Kaufmann Defendants' motion to dismiss or transfer is DENIED and the Kaufmann Defendants' motion to strike is DENIED. "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. verdade. See F.A.I. 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." 15-17). Blu Homes has an overall rating of 2.8 out of 5, based on over 66 reviews left anonymously by employees. DocketDescription: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. DocketDescription: Answer (Unlimited) (Fee Applies); Filed By: BLU HOMES, INC.,; Comment: To Complaint atty: Weiner, DocketDescription: Proof of Service: Summons DLR (Civil); Filed By: Cheryl Buck,; Comment: Proof of Service of Summons/Complaint, DocketDescription: Amended Complaint Filed - No Fee; Filed By: Cheryl Buck,; Comment: 1st amended, Atty Warner. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. 1404(a).6 The Kaufmann Defendants ask this Court to either dismiss this case for improper venue or to transfer the case to the Northern District of California. Method Homes vs. 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 . Homeowners accuse builders of cutting corners and failing to maintain their homes. 1125(a) (Count III), breach of contract (Count VI), misappropriation of trade secrets and confidential information (Count VIII), fraudulent misrepresentation (Count IX) and negligent misrepresentation (Count X) against all Defendants except Studio 101 Designs, Inc.; and tortious interference with contract (Count VII) against Studio 101 Designs, Inc. (D. 6). directly arise[s] out of, or relate[s] to, the defendant's forum-state activities.'" 0:00. (McCarthy Decl. The decision to transfer a case pursuant to 1404(a) is a matter within the discretion of the district court. Blu Homes moved for leave to file a second amended complaint. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action lawsuits have commenced on behalf of shareholders of the following publicly-traded companies who purchased shares within the class periods listed below. Blu Homes vs. Blu Homes alleges that on July 12, 2009, Kaufmann told Haney that she planned to leave the preconfigured prefabricated home business to pursue other design opportunities instead, with a focus in the non-profit area or resorts. In addition to the defense motions, Blu Homes' motion for leave to file a second amended complaint is also pending. (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") DocketDescription: Civil Case Cover Sheet; Filed By: Cheryl Buck. Pritzker v. Yari, 42 F.3 d 53, 64 (1st Cir.1994). "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." Blu's inspired and nationally recognized products can be found from New York to the Colorado Mountains and the Pacific Coast. Click on the link below to learn more about Dvele and how we are working with Blu Homes to change the future of "home. Private room in Grenoble. Negotiations continued between the parties through August 2009. Taken together, these contacts are neither "fortuitous" nor "purely incidental" (Def. 28 U.S.C. CONTACT JAKUBOWITZ ABOUT EBS:https://claimyourloss.com/securities/emergent-biosolutions-inc-loss-submission-form/?id=15124&from=1, Class Period: July 6, 2020 - March 31, 2021. Living Homes so you can make the best decision for you. 7/20/11 at 11). The judicial system's interest in the most effective resolution of the controversy "does not appear to cut in either direction." Compl. Sawtelle, 70 F.3d at 1395. The APA does not reference the Kauffman Defendants or any other entity and relates solely to the disposition of the assets of mkElements, a corporate entity Kaufmann created to shield herself from personal liability.8 Kaufmann had assigned the assets of mkElements to Uecker so that Uecker could liquidate those assets to satisfy mkElements' obligations to its creditors. Bitte helfen Sie uns, Glassdoor zu schtzen, indem Sie besttigen, dass Sie at 3; McCarthy Decl. With Dvele Inside, all Blu Homes are now leveraging modern day technology to provide for a truly revolutionary living environment. Here, there is no undue delay or undue prejudice to the Kaufmann Defendants in granting leave to amend. We are sorry for the inconvenience. The second amended complaint does not expand the avenues of recovery and the Kaufmann Defendants will have ample time to prepare for and conduct discovery in light of the second amended complaint and defend themselves in this litigation. Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. "I call them cell phone contractors . Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. Compl. The Kaufmann Defendants have also moved to strike portions of the McCarthy Declaration filed by Blu Homes in support of its opposition to the Kaufmann Defendants' motion to dismiss or transfer. 7/20/11 at 33-34). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 3:22-AP-03014 | 2022-07-07, U.S. District Courts | Civil Right | The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. 2001) (citations omitted). This rating has improved by 3% over the last 12 months. The case against the. Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. Now every Blu Home comes with the intelligence of Dvele Inside. (McCarthy Decl. Click the citation to see the full text of the cited case. 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. The Kaufmann Defendants have now moved to dismiss or transfer. Blu Homes, Inc., Plaintiff, Please complete the form below so we know how best to help you. The APA contains a forum selection clause which states that "[t]he Superior Court of the State of California in and for the County of San Francisco and the United States District Court for the Northern District of California shall have exclusive jurisdiction over any litigation arising out of or related to this agreement. 2018-08-16, U.S. District Courts | Contract | Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. 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. For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") Med. 1404(a) to transfer from a proper venue, courts consider "(1) the convenience of the parties, (2) the convenience of the witnesses, (3) the relative ease of access to sources of proof, (4) the availability of process to compel attendance of unwilling witnesses, (5) cost of obtaining willing witnesses, and (6) any practical problems associated with trying the case most expeditiously and inexpensively." Under this standard, the Court will look to the facts alleged in the pleadings and the parties' supplemental filings, including affidavits. The case status is Pending - Other Pending. 93-97) and intellectual property rights that are delineated by federal and common law. The APA unambiguously states that Uecker entered into the agreement "as the assignee for the benefit of the creditors of mkElements, Inc." (Am. 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. A (APA at 1)). 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. Moreover, since Defendant Michelle Kaufmann Studio did not even exist at the time Blu and Uecker entered into the APA, it cannot be said that the APA was intended to benefit that entity at that time. Mark Huffman Reporter. 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. (McCarthy Decl. Memo. (Pl. .tg .tg-yw4l{vertical-align:top}. 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. 14, 15). Blu Homes, founded by environmental documentary filmmaker and technology savant Bill Haney, is at the forefront of the Bay Area prefab movement. Compl., Ex. 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. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. See Garcia v. Truck Ins. Adelson, 2011 WL 2698330, at *5 (citation omitted); Burger King, 471 U.S. at 477. 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