For the foregoing reasons, the Kaufmann Defendants' motion to dismiss or transfer is DENIED and the Kaufmann Defendants' motion to strike is DENIED. 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. Sch. "The First Circuit employs a tripartite analysis to determine whether specific jurisdiction is appropriate: 1) whether the claims arise out of or are related to the defendant's in-state activities; 2) whether the defendant has purposefully availed itself of the laws of the forum state and 3) whether the exercise of jurisdiction is reasonable under the circumstances." 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." This is sufficient to satisfy relatedness. para nos informar sobre o problema. 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. Click on the case name to see the full text of the citing case. Photo (c) Tzogia Kappatou - Getty Images. "The plaintiff's forum choice should rarely be disturbed . In determining whether a given judicial district is a "district in which a substantial part of the events occurred," courts in the First Circuit look "not to a single `triggering event' prompting the action, but to the entire sequence of events underlying the claim," an approach which "takes a holistic view of the acts underlying a claim." 1997). 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. Citations are also linked in the body of the Featured Case. Venue is proper in this Court and the Court will not dismiss on this basis or transfer the case. 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 . 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. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Blu Homes settled its claims with Studio 101 Designs, Inc. and that defendant was dismissed from this case on February 4, 2011. Click on the link below to learn how a Dvele is significantly more sustainable. Lamentamos B (Consulting Agreement) at sections 7, 16). 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. The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. (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. directly arise[s] out of, or relate[s] to, the defendant's forum-state activities.'" [Builder of each home from left to right is Blu Homes, Method Homes, Living Homes]. message, contactez-nous l'adresse 7/20/11 at 33-34). Astro-Med, Inc., 591 F.3d at 12 (quoting Coady v. Aschraft & Gerel, 223 F.3d 1, 11 (1st Cir. We do this by steering our efforts against two philosophical mandates: efficiency and sustainability. 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. OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. Aydanos a proteger Glassdoor y demustranos que eres una persona real. Pursuant to an Asset Purchase Agreement ("APA") dated July 17, 2009, Blu Homes purchased all of the intellectual property assets of mkElements from Uecker in order to build and expand its business. 8; Def. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail 5, 6). 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. It commands breathtaking views and epitomizes Blu's mantra of letting the outdoors in. Randazzo Enterprises, Inc. v. Applied Underwriters Captive Risk Asssurance Company, Inc. FXR Construction, Inc. v. Federal Insurance Company et al, FXR CONSTRUCTION, INC. Blu Homes is seeking leave to amend in the early stages of this litigation; no discovery schedule or trial date has yet been set. View 13 photos $2,100,370 5 Beds 2 Baths 1625 sqft. 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. Ticketmaster, 26 F.3d at 211. 13-17; McCarthy Decl. Blue Homes is one of the pioneers in the Accessory Dwelling Units (ADUs) segment and has built hundreds of homes primarily across California. A (APA at 1)). Nous sommes dsols pour la gne occasionne. Corp. v. Chambers, 944 F.Supp. Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. (Kaufmann Aff. 5:14-CV-02374 | 2014-05-22, U.S. District Courts | Contract | A (copy of APA) at Section 11.6). Listed below are those cases in which this Featured Case is cited. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. Modular Continues to Make Gains in Fast Food Restaurant Construction, South Koreas GS Group Moves Into Modular Housing. Taken together, these contacts are neither "fortuitous" nor "purely incidental" (Def. Als u dit bericht blijft zien, stuur dan een e-mail 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. 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. 19; Tr. 2000) (citation omitted). (Am. B). Blu Homes has an overall rating of 2.8 out of 5, based on over 66 reviews left anonymously by employees. v. at 524 (citation omitted). 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.". (McCarthy Decl. The Court heard oral argument on July 20, 2011. (McCarthy Decl. Case Summary. 1995) (quoting Boit v. Gar-Tec Prods., Inc., 967 F.2d 671, 675 (1st Cir. 1997). 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 now sells its homes across all of California. Id. 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." Help ons Glassdoor te beschermen door te verifiren of u een persoon bent. (Tr. Both Blu Homes and Dvele hold a prominent place in the industry with its modern approach to home building. 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. 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. 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. 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. Lyle Richards Int'l, Ltd. v. Ashworth, Inc., 132 F.3d 111, 112 (1st Cir. (Pl. ein Mensch und keine Maschine sind. 3). That's all homes for sale in Grenoble, France we have matching your search today. 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 . Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988); Codex Corp. v. Milgo Elec. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. 2009) (quoting N. Laminate Sales, Inc. v. Davis, 403 F.3d 14, 25 (1st Cir. 1121 and 28 U.S.C. enva un correo electrnico a . Lamentamos pelo inconveniente. 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. If you do not agree with these terms, then do not use our website and/or services. . (Pl. Leaders in Pre-Fab Building and Home Technology Join Forces to Revolutionize Industry. 15-17). The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. Private room in Grenoble. 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. 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 Memo at 9). must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." (Def. Before commenting, please review our comment policy. Read our Newswire Disclaimer. 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. Blu homes are healthy to live in and better for the . Blu Homes moved for leave to file a second amended complaint. In this case, venue is proper in this district. 1331, 1332 and 1367(a). Hanson v. Denckla, 357 U.S. 235, 253 (1958) (citing Int'l Shoe Co v. State of Washington, 326 U.S. 310, 319 (1945)). Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. 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. Hess, 27 Cal. .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;} When considering whether to grant a motion pursuant to 28 U.S.C. Accordingly, Blu Homes' motion for leave to amend is GRANTED. 2009). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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 . The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. 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. 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. Blu Homes vs. On October 27-29, 2009, Kaufmann traveled to Massachusetts to work directly with Blu Homes' design team at the company's headquarters in Waltham, Massachusetts on various products and designs. Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). 1404(a). P. 12(b)(3). Compl. .tg {border-collapse:collapse;border-spacing:0;} Amendments should be liberally permitted in the absence of undue delay, bad faith or dilatory motive, futility, or undue prejudice to the opposing party. 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. pour nous faire part du problme. 28 U.S.C. Compl. 1994). 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. Under this standard, the Court will look to the facts alleged in the pleadings and the parties' supplemental filings, including affidavits. Blu Homes is based here in Massachusetts. video . By teaming up with Dvele, all Blu products just became a whole lot more modern. Please help us protect Glassdoor by verifying that you're a "We have the utmost respect and appreciation for what Blu has contributed to our collective space. 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." Hasbro, Inc. v. Clue Computing, Inc., 994 F.Supp. 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. "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.". The case against the. 2000)). Gary Fleisher, Modular Construction Industry Observer and Information Gatherer. (Am. 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. Accordingly, venue is proper in this district. Moreover, Kaufmann acknowledged in the Consulting Agreement Blu Homes' ownership in the assets it acquired under the APA and agreed that the Consulting Agreement superceded and replaced any prior agreements between the parties related to the same subject matter. 1:20-CV-11086 | 2020-12-30, Orange County Superior Courts | Other | 2020-09-15, Santa Clara County Superior Courts | Other | 1999) (quotations and citations omitted). 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 . This agreement brings together two leaders in the luxury factory built housing and home technology space, aligning to deliver superior homes into a market desperate for innovation. 2, 9, 24). Its headquarters is located in Waltham and its manufacturing plant is in East Longmeadow. (D. 1). 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." Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75 (1985). 77, 80-81 (D. Mass. The Kaufmann Defendants have also not demonstrated they have endured any additional burden, financial or otherwise, by the litigation being maintained in Massachusetts that they would not have had to face in California. Specialties: Blu makes beautiful green homes suitable for a wide range of residential, commercial and institutional buyers. Athena Advisers. For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. 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. About DveleDvele is a privately held producer of next-generation modular homes and housing focused technologies. The strong "presumption in favor of a plaintiff's choice of forum renders transfer inappropriate where its effect is merely to shift the inconvenience from one party to the other." 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." We make modern premium prefab homes. July 13, 2011). (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") Sawtelle v. Farrell, 70 F.3d 1381, 1385 (1st Cir. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. 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. 29 ( 1988 ) ; Ticketmaster-N.Y., Inc., 132 F.3d 111 112... 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