Hasbro, Inc. v. Clue Computing, Inc., 994 F.Supp. 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. 2, 9, 24). The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. Privacy PolicyTerms and ConditionsCookie PolicyAbout Us, Blu Homes Updating Iconic Breezehouse to be This Years Sunset Idea House, Blu Homes Apple Approach to Building Green Prefab Homes, Blu Homes Unfolds A Reinvention of Modular Housing, Open, light-filled, indoor/outdoor spaces, Healthy building materials (formaldehyde-free), Well insulated, high-efficiency heating and cooling, Energy Star appliances, efficient lighting, Transparent, well-managed timeline and costs. 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. 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. Sch. It is reasonable that an individual who negotiates a contract to start a business relationship with a company based in Massachusetts, maintains regular contact with employees at that company in performing services under the contract and travels to Massachusetts to perform those same services for the company, whose primary economic impact is here, would be subject to the jurisdiction of a court in Massachusetts when she is sued for breaching the very agreement giving rise to their relationship and for allegedly infringing on the company's intellectual property rights.5 Accordingly, the Kaufmann Defendants' contacts constitute purposeful availment. [Builder of each home from left to right is Blu Homes, Method Homes, Living Homes]. Shortly thereafter, the business relationship between Blu Homes and Kaufmann deteriorated and Kaufmann launched new projects. For the foregoing reasons, the Kaufmann Defendants' motion to dismiss or transfer is DENIED and the Kaufmann Defendants' motion to strike is DENIED. (D. 1). Mass. Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). Lyle Richards Int'l, Ltd. v. Ashworth, Inc., 132 F.3d 111, 112 (1st Cir. . (McCarthy Decl. 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. A (APA at 10)). The Kaufmann Defendants contend that evidence is more readily available in California because it is located there. In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . The Court heard oral argument on July 20, 2011. We are sorry for the inconvenience. Id. (Am. Because courts are to construe "the Massachusetts long-arm statute as being coextensive with the limits permitted by the Constitution," this Court may "turn directly to the constitutional test for determining specific jurisdiction." Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. ein Mensch und keine Maschine sind. Finally, one place to get all the court documents we need. Corp. v. Chambers, 944 F.Supp. 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. Accordingly, Massachusetts is a proper venue. Example: Yes, I would like to receive emails from ec96a53b6b.nxcli.net. The APA unambiguously states that Uecker entered into the agreement "as the assignee for the benefit of the creditors of mkElements, Inc." (Am. Nous sommes dsols pour la gne occasionne. Compl. Founded in 2007 by current CEO Bill Haney and co-founder Maura McCathy, Blu Homes aims to provide affordable, high quality, architect-designed, eco-friendly homes in an efficient, simple process. 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. .tg .tg-yw4l{vertical-align:top}. The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. Opp. (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") 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. View 13 photos $2,100,370 5 Beds 2 Baths 1625 sqft. With Dvele Inside, all Blu Homes are now leveraging modern day technology to provide for a truly revolutionary living environment. 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. However, at oral argument, counsel for the Kaufmann Defendants informed the Court that even after receiving the proposed second amended complaint replete with the term "intentional," Kaufmann's insurer informed her that she was covered under the policy. 1404(a). "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." 78-81), misappropriation of trade secrets and confidential information (Am. Description: Civil Case Cover Sheet; Filed By: Cheryl Buck. 2001) (affirming denial of leave to amend because undue prejudice existed where plaintiff's attempted amendment "very late in the proceedings" meant that defendant "had a limited ability to adapt its defense" to encompass unexpected claims); Acosta-Mestre v. Hilton Int'l. Read our Newswire Disclaimer. . 4th at 535 (citing cases). "We're excited to join with Dvele for the next evolution of Blu,'' said Blu Co-Founder Maura McCarthy. 20). VS. CROSS BRONX PLAZA, LLC, Roberto Orozco-Esquivel vs FXR Construction Inc. et al. R. Civ. 10-17). (Am. 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. 5:14-CV-02374 | 2014-05-22, U.S. District Courts | Contract | 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. Both Blu Homes and Dvele hold a prominent place in the industry with its modern approach to home building. 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.". 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 . para nos informar sobre o problema. 7/20/11 at 33-34). Packages do not include washer / dryer, air conditioning systems, transportation of the home, site work and foundation or utility hookup. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail New Engineer jobs added daily. The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" Public Records Policy. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. Caso continue recebendo esta mensagem, See McCarthy Decl. UPDATED May 2, 2022: The U.S. Supreme Court announced today that it will take up a challenge from Health & Hospital Corp. of Marion County to a federal appeals court ruling that said . Corp., 243 F.3d 57, 71-72 (1st Cir. On 07/08/2020 Cheryl Buck filed a Contract - Other Contract lawsuit against BLU HOMES, INC. 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. 77, 80-81 (D. Mass. Click on the link below to learn more about Dvele and how we are working with Blu Homes to change the future of "home. 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 . v. Dvele's technology combined with Blu's award winning designs will deliver beautiful, intelligent and healthy environments for occupants. excuses voor het ongemak. "These are the only thing that we have. 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. enva un correo electrnico a B). Sawtelle v. Farrell, 70 F.3d 1381, 1385 (1st Cir. Thanks! 09-10707, 2009 WL 3300031, at *4 (D. Mass. 1996) (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947)). Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. 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. 13-17; McCarthy Decl. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Wir entschuldigen uns fr die Umstnde. And delivered to Northern California. 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. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") Bank, Ltd., 274 F.3d 610, 623-24 (1st Cir. Although the APA was attached to the first amended complaint as an exhibit, the first amended complaint does not allege any breach of the APA nor does it put at issue Blu Homes' ownership of the assets it acquired under the APA. 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. Please enable Cookies and reload the page. LA JOLLA, Calif., May 27, 2020 /PRNewswire/ --Dvele, a San Diego-basedhousing technology company and Blu Homes ("Blu"), a pioneer in modern luxury prefab homes, have announced that Dvele has completed the acquisition of Blu. Accordingly, Blu Homes' motion for leave to amend is GRANTED. (You can unsubscribe anytime), In recent years, many restaurant chains have begun to explore modular construction as an alternative to traditional construction methods for new locations. 87-92), fraudulent misrepresentation (Am. Modular Continues to Make Gains in Fast Food Restaurant Construction, South Koreas GS Group Moves Into Modular Housing. 1995) (quoting Boit v. Gar-Tec Prods., Inc., 967 F.2d 671, 675 (1st Cir. .tg {border-collapse:collapse;border-spacing:0;} (Am. . 1977). 3). Click on the link below to learn how a Dvele is significantly more sustainable. They are being sued by three homeowners associations, including Townhome 1. Lamentamos pelo inconveniente. Homeowners accuse builders of cutting corners and failing to maintain their homes. Memo at 20); rather, the Kaufmann Defendants knowingly availed themselves of the benefits of doing business in Massachusetts. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75 (1985). Thank you! LAWSUITS FILED AGAINST BLU, GOEV and EBS - Jakubowitz Law Pursues Shareholders Claims. Case Details Parties Documents Dockets. 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. 23). During this same visit, she allegedly received Blu Homes' trade secrets and confidential information. 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. See, e.g., Berklee College of Music, Inc. v Music Indus. The final factor concerning the interests of each of the affected states (here, Massachusetts and California) in promoting substantive social policies does not clearly favor one state or another, see Adelson, 2011 WL 2698330 at *6, since presumably both states have an interest in contract enforcement, prevention of fraud and federal copyright and trademark law. 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. 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. Opp at 30 & n.5). questo messaggio, invia un'email all'indirizzo Nearby homes. Although a court may exercise two types of personal jurisdiction: general and specific, Cossaboon v. Me. 20). Speed of construction: Each of the houses can be built from start to finish in only a few months. When typing in this field, a list of search results will appear and be automatically updated as you type. Description: Summons: Issued/Filed; Filed By: Cheryl Buck. The parties also stated that they both hoped to develop a productive long-term business relationship. 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. of Puerto Rico, Inc., 156 F.3d 49, 52 (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. Since, as discussed above, the Kaufmann Defendants will not be prejudiced by the timing or nature of the second amended complaint and given that they have not argued any other compelling basis for denying Blu Homes' motion for leave to amend its complaint, this Court finds no reason to deny Blu Homes' motion under the liberal standard of Rule 15(a)(2). Click on the link below to discover what makes for a high-end modern home. 1991) (internal quotations and citations omitted). (Am. 36% of employees would recommend working at Blu Homes to a friend and 29% have a positive outlook for the business. (Am. 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."). at 8; Tr. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. Dvele's homes minimize waste and exceed structural, environmental, and home performance standards, without sacrificing an aesthetically pleasing style. 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. OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. Its headquarters is located in Waltham and its manufacturing plant is in East Longmeadow. They forged a path allowing Dvele's innovative home focused technologies to flourish. Compl., Ex. 1998) (affirming denial of leave to amend sought a year after the first amended complaint was filed, where granting leave would have resulted in "a re-opening of discovery with additional costs, a significant postponement of trial, and a likely major alteration in trial strategy and tactics"). Please complete the form below so we know how best to help you. 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