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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. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. Living Homes so you can make the best decision for you. The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. .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;} 20). 28 U.S.C. Nearby homes. 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. (McCarthy Decl. Packages have many finish options and upgrades available including multiple upgrade levels for kitchen appliances. 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. (Am. Finally, one place to get all the court documents we need. Case Details Parties Documents Dockets. (Am. Filed: November 22, 2016 1:16-cv-24892-MGC. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. Blu Homes filed its complaint on August 17, 2010. Attorney advertising. (Pl. 1114(1)(a) (Count II), trademark infringement and unfair competition under 15 U.S.C. Modular Continues to Make Gains in Fast Food Restaurant Construction, South Koreas GS Group Moves Into Modular Housing. (Am. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Relatedness focuses on whether "`the claim underlying the litigation . By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, The Court heard oral argument on July 20, 2011. Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail Si continas recibiendo este mensaje, infrmanos del problema Breezehouse / Sidebreeze / Origin / Glidehouse / Lofthouse / Balance / Breeze Aire / Element. 3/15/2022 Conference: Further Case Management, 7/8/2020 Complaint (Unlimited) (Fee Applies), 7/23/2020 Amended Complaint Filed - No Fee, 8/18/2020 Proof of Service: Summons DLR (Civil), 9/18/2020 Answer (Unlimited) (Fee Applies), 10/26/2020 Statement: Case Management Conference, HearingDescription: Conference: Further Case Management; Department: Department 20; Time: 10:00AM, HearingDescription: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM, HearingDescription: Hearing: Petition Compel Arbitration; Department: Department 20; Time: 9:00AM; Result: Held, DocketDescription: Notice: Entry of Order; Filed By: Bouton Construction Inc,; Comment: Notice: Entry of Order, DocketDescription: Notice: Entry of Order; Filed By: Cheryl Buck,; Comment: Notice: Entry of Order, DocketDescription: Stipulation and Appointment of Official Reporter Pro Tempore; Filed By: Cheryl Buck,; Comment: re: reporter Teresa Kenworthy for 12-9-21 - GRANTED by Judge Manoukian, DocketDescription: Returned/Undeliverable Mail; Filed By: Jack Lynch,; Comment: Ntc of hearing 03-15-22, HearingDescription: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM; Result: Held, DocketDescription: Stipulation and Order; Filed By: Cheryl Buck,; Comment: Stipulation and Order to Continue 11-4-21 Motion - GRANTED. May 27, 2020, 08:00 ET. Breezehouse. 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. Its headquarters is located in Waltham and its manufacturing plant is in East Longmeadow. 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." excuses voor het ongemak. Made in the bay Area, our homes are built in half the time of traditional custom homes. Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196, Description: Conference: Further Case Management; Department: Department 20; Time: 10:00AM, Description: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM, Description: Hearing: Petition Compel Arbitration; Department: Department 20; Time: 9:00AM; Result: Held, Description: Notice: Entry of Order; Filed By: Bouton Construction Inc,; Comment: Notice: Entry of Order, Description: Notice: Entry of Order; Filed By: Cheryl Buck,; Comment: Notice: Entry of Order, Description: Stipulation and Appointment of Official Reporter Pro Tempore; Filed By: Cheryl Buck,; Comment: re: reporter Teresa Kenworthy for 12-9-21 - GRANTED by Judge Manoukian, Description: Returned/Undeliverable Mail; Filed By: Jack Lynch,; Comment: Ntc of hearing 03-15-22, Description: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM; Result: Held, Description: Stipulation and Order; Filed By: Cheryl Buck,; Comment: Stipulation and Order to Continue 11-4-21 Motion - GRANTED. 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. Blu's proprietary information technology enables its award-winning designers to create personalized home designs for customers in 3-D, and provide a clear, fixed price. 1997). Reply at 8; Second Kaufmann Aff. 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. "These are the only thing that we have. an. New Engineer jobs added daily. 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. For more information, visit http://www.dvele.com.About Blu HomesBlu Homes is the leading provider of premium prefab homes in North America. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . 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. Fairview Mach. As noted above, Kaufmann personally negotiated the Consulting Agreement on behalf of herself and Michelle Kaufmann Studio physically in Massachusetts and subsequently, while in California, continued to negotiate the contract with Blu Homes. 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. 36% of employees would recommend working at Blu Homes to a friend and 29% have a positive outlook for the business. Description: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. This case often evokes a range of complaints among the homeowners. 10-17). Prior results do not guarantee similar outcomes. B). Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. Compl. (D. 36). VS. CROSS BRONX PLAZA, LLC, Roberto Orozco-Esquivel vs FXR Construction Inc. et al. (Am. OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. See Garcia v. Truck Ins. 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. Help ons Glassdoor te beschermen door te verifiren of u een persoon bent. B (Consulting Agreement) at sections 7, 16). Click on the case name to see the full text of the citing case. Even if relatedness and purposeful availment have been shown, the Court must still determine whether the exercise of personal jurisdiction is reasonable in light of the so-called "gestalt" factors: "(1) [the Kaufmann Defendants'] burden in appearing, (2) [Massachusetts'] interest in adjudicating the dispute, (3) [Blu Homes'] interest in obtaining convenient and effective relief, (4) the judicial system's interest in obtaining the most effective resolution of the controversy, and (5) the common interests of all sovereigns in promoting substantive social policies." Please complete the form below so we know how best to help you. Please enable Cookies and reload the page. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. Maybe it is the boldness that compels you to linger. With this, the dwellers are capable of saving the water 25 to 30 percent. Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988); Codex Corp. v. Milgo Elec. . . Packages do not include washer / dryer, air conditioning systems, transportation of the home, site work and foundation or utility hookup. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." . Mark Huffman Reporter. "Furthermore, we are not required to determine the best venue, merely a proper venue." 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. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. The Kaufmann Defendants cannot take advantage of the commercial benefit of working with Blu Homes, a Massachusetts based company, enter into a consulting agreement to help the company build its business whose primary economic impact will be felt in Massachusetts and then not reasonably expect to be haled into court in this state. Compl. In the wake of Blu Homes' purchase of the intellectual property, Blu Homes and Kaufmann entered into negotiations concerning the terms of an agreement under which Kaufmann would assist and oversee the transition of the intellectual property into the company's existing business as well as provide strategy and design consulting services. 2002). at 30. 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 .. . 22). (McCarthy Decl. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") 2010) (citing cases). Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. Compl. . 2020-09-15, Santa Clara County Superior Courts | Other | CONTACT JAKUBOWITZ ABOUT BLU:https://claimyourloss.com/securities/bellus-health-inc-loss-submission-form/?id=15124&from=1, Class Period: September 5, 2019 - July 5, 2020. "The alignment between Blu and Dvele on building superior homes for our occupants and the planet got us excited, and the synergy of strategy and IP made this an obvious next step.". Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. United States District Court, D. Massachusetts. naar 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. 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 . (Am Compl. Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. 1997). None of Blu Homes' potential witnesses work in its San Francisco office or are located within California. 1391(b)(2). . Hasbro, Inc. v. Clue Computing, Inc., 994 F.Supp. . 25). 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. Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. 78-81), misappropriation of trade secrets and confidential information (Am. (Am. para nos informar sobre o problema. Read more here: Camp Lejeune Lawsuit Claims. When considering whether to grant a motion pursuant to 28 U.S.C. Chambre scurise avec SERRURE A CLE. The First Circuit has "repeatedly observed that a plaintiff's choice of forum must be accorded a degree of deference with respect to the issue of its own convenience." 1121 and 28 U.S.C. Compl. It subsequently filed a first amended complaint on November 5, 2010, alleging copyright infringement (Count I), false advertising and unfair competition under 15 U.S.C. Blu Homes is seeking leave to amend in the early stages of this litigation; no discovery schedule or trial date has yet been set. is to move forward with the lawsuit in the present forum." 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. Lamentamos pelo inconveniente. at 8-9). 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." 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." Bank, Ltd., 274 F.3d 610, 623-24 (1st Cir. Click on the link below to learn how a Dvele is significantly more sustainable. "The plaintiff's forum choice should rarely be disturbed . 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. 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. Before commenting, please review our comment policy. 87-92), fraudulent misrepresentation (Am. For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. See McCarthy Decl. Corp. v. Chambers, 944 F.Supp. 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. Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. Venue is proper in this Court and the Court will not dismiss on this basis or transfer the case. 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. 8; Def. 4th at 535 (citing cases). The Kaufmann Defendants have now moved to dismiss or transfer. (McCarthy Decl. 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. Blu Homes moved for leave to file a second amended complaint. , 623-24 ( 1st Cir proper venue. '': Cross-Complaint of Blu has... Its San Francisco office or are located within California the leading provider of premium prefab Homes Inc.! Furthermore, we are not required to determine the best venue, merely a proper venue ''... The case weighing of all These factors, the exercise of personal jurisdiction the! Is significantly more sustainable Continues to make Gains in Fast Food Restaurant,. 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