R. Civ. It commands breathtaking views and epitomizes Blu's mantra of letting the outdoors in. A lot of things plagued Blu Homes over the years. On August 21, 2009, Blu Homes entered into a six-month consulting agreement with the Kaufmann Defendants ("Consulting Agreement"). Together, both Blu Homes and Dvele apply advanced technology to design and build highly personalized, premium modular homes of extraordinary quality. envie um e-mail para 2017-06-29. 19; McCarthy Decl. Private room in Grenoble. 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. Although a court may exercise two types of personal jurisdiction: general and specific, Cossaboon v. Me. The inquiry under this prong "focuses on the defendant's intentionality" and "is only satisfied when the defendant purposefully and voluntarily directs his activities toward the forum so that he should expect, by virtue of the benefit he receives, to be subject to the court's jurisdiction based on these contacts." Fairview Mach. 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. Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. 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. 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. 23). Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. . 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. Both Blu Homes and Dvele hold a prominent place in the industry with its modern approach to home building. Sorta makes one ask why all those hundreds of millions of dollars that investors poured into Blu Homes didnt make this work out. LAWSUITS FILED AGAINST BLU, GOEV and EBS - Jakubowitz Law Pursues Shareholders Claims. 1992)). The third gestalt factor, which relates to convenience of the venue to the plaintiff, plainly weighs in Blu Homes' favor. 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. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") Compl. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. 20). Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. 1996) (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947)). Now every Blu Home comes with the intelligence of Dvele Inside. at 30. 1125(a) (Count IV) and unfair and deceptive trade practices under Mass. 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. On 07/08/2020 Cheryl Buck filed a Contract - Other Contract lawsuit against BLU HOMES, INC. A (APA at 1)). About DveleDvele is a privately held producer of next-generation modular homes and housing focused technologies. 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. Corp, 553 F.2d 735, 737 (1st Cir. 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." 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. must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." Ctr., 600 F.3d 25, 31 (1st Cir. Description: Summons: Issued/Filed; Filed By: Cheryl Buck. 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. 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.". Opp. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. 7/20/11 at 20). Am., LLC v. Caraustar Indus., Inc., 754 F.Supp.2d 168, 172 (D. Mass. Ticketmaster, 26 F.3d at 203. Further, the Court finds that the convenience of witnesses does not compel a different outcome. 2018-08-16, U.S. District Courts | Contract | We have regularly scheduled open houses to tour this home throughout the year. Elec. Dvele recently launched their self-powered home initiative, providing a comprehensive solution that addresses climate change and power grid resilience. These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. 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." Id. A Blu Home powered by Dvele embraces technology that is designed to embolden your lifestyle. (D. 1). As discussed infra, the Kaufmann Defendants' additional argument that they would not be able to compel their witnesses, located in California, to testify in Massachusetts (Def. 1991) (internal quotations and citations omitted). 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 .. . Living Homes appears to serve the entire country but their only plant, Plant Prefab, appears to be in California so the cost of shipping a house to the east coast is likely quite high. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." 7/20/11 at 11). Finally, one place to get all the court documents we need. 1998). For more details and to speak with our firm without cost or obligation, follow the links below. See, e.g., Berklee College of Music, Inc. v Music Indus. Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. 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. 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. 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. The first factor does not weigh against jurisdiction. They are being sued by three homeowners associations, including Townhome 1. 1391(b)(2). Mass. Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. It will "then add to the mix facts put forward by the defendants, to the extent that they are uncontradicted." Click on the link below to learn more about Dvele and how we are working with Blu Homes to change the future of "home. 20). 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." Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. During this visit as well as in telephone calls, Kaufmann received trade secrets and other confidential information regarding Blu Homes' folding steel framing system and other methods used in design, fabrication and installation processes. 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 LA JOLLA, Calif., May 27, 2020 /PRNewswire/ -- Dvele, a San Diego -based housing technology company and Blu Homes ("Blu"), a pioneer in modern luxury prefab homes, have . 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. 2000)). The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. Listed below are the cases that are cited in this Featured Case. These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. Read our Newswire Disclaimer. Corp., 243 F.3d 57, 71-72 (1st Cir. New cases and investigations, settlement deadlines, and news straight to your inbox. naar P. 12(b)(3). 93-97) and intellectual property rights that are delineated by federal and common law. Indeed, the business activities of the Kaufmann Defendants here are similar to those the First Circuit recently found constituted purposeful availment in Adelson, where the Defendant, located in Israel, sought an employment contract with a company whose officers were located in Massachusetts and whose financial accounts were administered out of Massachusetts and was in regular contact with employees in Massachusetts. 1331, 1332 and 1367(a). Kaufmann allegedly conveyed the same message to Haney throughout their discussions from July 2009 through October 2009. this factor is only meaningful where a party can demonstrate some kind of special or unusual burden." Sch. Homeowners accuse builders of cutting corners and failing to maintain their homes. 20). And the best part of all, documents in their CrowdSourced Library are FREE! Earth. Aiutaci a proteggere Glassdoor dimostrando che sei una persona reale. 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"). (Am. 3:22-AP-03014 | 2022-07-07, U.S. District Courts | Civil Right | Michelle Kaufmann, Michelle Kaufmann Studios, Inc., Michelle Kaufmann Studio, Studio 101 Designs, Inc., Defendants. 1999) (quotations and citations omitted). Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. Description: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck. 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. 28 U.S.C. 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. CONTACT JAKUBOWITZ ABOUT GOEV:https://claimyourloss.com/securities/canoo-inc-loss-submission-form/?id=15124&from=1, Class Period: August 18, 2020 - March 29, 2021. Its headquarters is located in Waltham and its manufacturing plant is in East Longmeadow. 25). Blu Homes has an overall rating of 2.8 out of 5, based on over 66 reviews left anonymously by employees. 0:00. Aydanos a proteger Glassdoor y demustranos que eres una persona real. 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. In 2009, Blu Homes acquired the designassetsof Michelle Kaufmann (mkDesigns), including the popular Sunset Breezehouse, the Glidehouse and mkLotus line. 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. Amendments should be liberally permitted in the absence of undue delay, bad faith or dilatory motive, futility, or undue prejudice to the opposing party. 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. Please download the PDF to view it: Download PDF. Below, we compare Blu Homes vs. . Whatever it is, we realize that a high-end modern home is ingrained in the details. Listed below are those cases in which this Featured Case is cited. Opp. Why is this public record being published online? The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. Hess, 27 Cal. 10). Compare Invest Almaz v. Temple-Inland Forest Prods. Blu Homes is based here in Massachusetts. Prior results do not guarantee similar outcomes. Under this standard, the Court will look to the facts alleged in the pleadings and the parties' supplemental filings, including affidavits. 1:20-CV-11086 | 2020-12-30, Orange County Superior Courts | Other | 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. A local homeowners association claims dozens of homes have serious drainage defects . Mariotti Building Products. (Am. 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. 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. Click the citation to see the full text of the cited case. As the principal of the former design firm, mkElements, Inc. ("mkElements"), Kaufmann assigned the firm's intellectual property assets to third-party Uecker and Associates, Inc. ("Uecker") as an alternative to failing to satisfy mkElements' obligations to its creditors. Go to our Visit Us page to find out more. 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. (Am. Learn how to buy land, select the best house plan, get financing, calculate investment ROI, and more. (Pl. They forged a path allowing Dvele's innovative home focused technologies to flourish. (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. It seems they were just purchased by Delve. Blu Homes designs, manufacturers and markets "green" or "ecofriendly" homes for residential, commercial and institutional customers. Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). 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. Wouldnt You Like to be Paid What Youre Worth? Description: Civil Case Cover Sheet; Filed By: Cheryl Buck. 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. 78-81), misappropriation of trade secrets and confidential information (Am. 1121 and 28 U.S.C. (D. 36). Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. "Ascertaining th[e] intent [of the contracting parties] is a question of ordinary contract interpretation." Thanks! Packages do not include washer / dryer, air conditioning systems, transportation of the home, site work and foundation or utility hookup. 1977). R. Civ. 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. 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. .tg {border-collapse:collapse;border-spacing:0;} 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. (McCarthy Decl. 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. 11). Sch. For more information, visit www.bluhomes.com. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. 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. (McCarthy Decl. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. The decision to transfer a case pursuant to 1404(a) is a matter within the discretion of the district court. questo messaggio, invia un'email all'indirizzo (Kaufmann Aff. In other words, the relationship with Blu Homes was commercially advantageous to the Kaufmann Defendants just as it was for Blu Homes. 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. Description: Answer (Unlimited) (Fee Applies); Filed By: BLU HOMES, INC.,; Comment: To Complaint atty: Weiner, Description: Proof of Service: Summons DLR (Civil); Filed By: Cheryl Buck,; Comment: Proof of Service of Summons/Complaint, Description: Amended Complaint Filed - No Fee; Filed By: Cheryl Buck,; Comment: 1st amended, Atty Warner. "We're excited to join with Dvele for the next evolution of Blu,'' said Blu Co-Founder Maura McCarthy. At Dvele, one of our founding principles is to deploy homes that have a positive impact on the environment. Further, the lawsuit claims the wiretapping plot affected the performance of Blus smartphones because the firmware exponentially decreased the phones battery life. Hasbro, Inc. v. Clue Computing, Inc., 994 F.Supp. 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. (McCarthy Decl. Sawtelle v. Farrell, 70 F.3d 1381, 1385 (1st Cir. Blue Homes is one of the pioneers in the Accessory Dwelling Units (ADUs) segment and has built hundreds of homes primarily across California. message, contactez-nous l'adresse 2018-04-03, U.S. Bankruptcy Courts | Other | "In determining whether a non-resident defendant is subject to its jurisdiction, a federal court exercising diversity jurisdiction is the functional equivalent of a state court sitting in the forum state." United States District Court, D. Massachusetts. Blu Homes seeks leave to amend its complaint to insert the term "intentional" in the complaint to reflect the fact that the Kaufmann Defendants' acts were intentional and knowing, not negligent or inadvertent, and to eliminate claims against Studio 101 Designs, Inc., a defendant that was previously dismissed from this case, see D. 25, and against Michelle Kaufmann Studios, Inc., an entity which, as discussed above, does not exist.12 Pursuant to Fed. 2020-07-30, Riverside County Superior Courts | Small Claim | para nos informar sobre o problema. 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. Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. 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. 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. 1404(a). 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." (Pl. Click on the link below to learn how a Dvele is significantly more sustainable. 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. For all these reasons, the Court opts not to transfer the case.11. (McCarthy Decl. 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. an. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. Blu Homes, founded by environmental documentary filmmaker and technology savant Bill Haney, is at the forefront of the Bay Area prefab movement. In addition to the defense motions, Blu Homes' motion for leave to file a second amended complaint is also pending. OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. 27; McCarthy Decl. 1997). Here, where the Kaufmann Defendants claim that Blu Homes has failed to satisfy the prima facie standard to support jurisdiction, the Court considers "whether the plaintiff has proffered evidence that, if credited, is enough to support findings of all facts essential to personal jurisdiction." 2011 WL 2698330, *3-4. Compl. verdade. 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).