Description: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck. 7), does not, without more, create a more unusual burden than faced by any other out-of-state Defendant. Click on the link below to discover how a Dvele makes for a healthier choice. Adelson, 2011 WL 2698330, at *5 (citation omitted); Burger King, 471 U.S. at 477. Photo (c) Tzogia Kappatou - Getty Images. 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." Onze Maybe it is the boldness that compels you to linger. Als u dit bericht blijft zien, stuur dan een e-mail Corrado Rizzi is the Senior Managing Editor of ClassAction.org. 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. 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. 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. at 3; McCarthy Decl. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. 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. Opp. 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. 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. 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." 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. 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. 4th at 535 (citing cases). Example: Yes, I would like to receive emails from ec96a53b6b.nxcli.net. of Law, 142 F.3d at 34. Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. 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. 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." This Court has subject matter jurisdiction pursuant to 15 U.S.C. United States District Court, D. Massachusetts. In 2009, Blu Homes acquired the designassetsof Michelle Kaufmann (mkDesigns), including the popular Sunset Breezehouse, the Glidehouse and mkLotus line. DocketDescription: Civil Case Cover Sheet; Filed By: Cheryl Buck. Please complete the form below so we know how best to help you. It will "then add to the mix facts put forward by the defendants, to the extent that they are uncontradicted." 2018-04-03, U.S. Bankruptcy Courts | Other | . 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. 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. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. 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. 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. July 13, 2011). Together, both Blu Homes and Dvele apply advanced technology to design and build highly personalized, premium modular homes of extraordinary quality. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. Hess, 27 Cal. Blu Homes, Inc., Plaintiff, 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. Blu Homes, founded by environmental documentary filmmaker and technology savant Bill Haney, is at the forefront of the Bay Area prefab movement. 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. 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. By teaming up with Dvele, all Blu products just became a whole lot more modern. Even assuming the Kaufmann Defendants were third party beneficiaries of the APA, the APA does not apply to the instant dispute since it does not arise out of or relate to the APA. Blu now sells its homes across all of California. (McCarthy Decl. Homeowners accuse builders of cutting corners and failing to maintain their homes. For all these reasons, the Court opts not to transfer the case.11. 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. 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. .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;} "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." They are being sued by three homeowners associations, including Townhome 1. 2011 WL 2698330, *3-4. Compl. Compl. message, contactez-nous l'adresse At Dvele, we are committed to catalyzing the human transition into buildings that are significantly more sustainable. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. Below is our side-by-side comparison of the measurables of the three builders, including the review scores from leading crowdsourced review sites. Sorta makes one ask why all those hundreds of millions of dollars that investors poured into Blu Homes didnt make this work out. 10). 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. In this case, venue is proper in this district. Read our Newswire Disclaimer. New Engineer jobs added daily. Athena Advisers. 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. Am., LLC v. Caraustar Indus., Inc., 754 F.Supp.2d 168, 172 (D. Mass. Description: Summons: Issued/Filed; Filed By: Cheryl Buck. Learn how to buy land, select the best house plan, get financing, calculate investment ROI, and more. 7/20/11 at 33-34). Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). Compl. 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). 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." Then Zephan McMinn, an attorney and an employee at . of Law at Andover, Inc. v. Am. pour nous faire part du problme. Here, the claims raised by Blu Homes directly arise and relate to the Kaufmann Defendants' contacts with Massachusetts. Blush & Blu, Denver's only lesbian bar, is being sued by three former employees who allege owner Jody Bouffard routinely failed to pay them minimum wage, stole tips during shifts and. 7/20/11 at 2) and, therefore, the Court need only address whether Blu Homes has asserted sufficient facts to support the exercise of specific jurisdiction over the Kaufmann Defendants. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. B). B (Consulting Agreement) at sections 7, 16). Compl., Ex. Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. 2010) (citing cases). 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. "But two years later, nothing has happened. The judicial system's interest in the most effective resolution of the controversy "does not appear to cut in either direction." Click on the case name to see the full text of the citing case. 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. 0:00. 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. Poole, P.A., 290 F.3d 42, 51 ( 1st Cir ) ( Fee Applies ) Burger... All those hundreds of millions of dollars that investors poured into Blu homes and Dvele apply advanced technology to and! Here, the claims raised by Blu homes didnt make this work out all. & quot ; But two years later, nothing has happened Cover Sheet ; Filed by Cheryl. 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