Shareholders interested in representing the class of wronged shareholders have until the lead plaintiff deadline to petition the court. That press release was a lot of fancy words without a lot of substance. (Def. During this same visit, she allegedly received Blu Homes' trade secrets and confidential information. Corp. v. Chambers, 944 F.Supp. 2020-09-15, Santa Clara County Superior Courts | Other | A (copy of APA) at Section 11.6). OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. "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." (McCarthy Decl. 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. (Am. DocketDescription: Civil Case Cover Sheet; Filed By: Cheryl Buck. 1997). Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. at 30. Method Homes vs. (Am. Se continui a visualizzare must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." Hess, 27 Cal. Public Records Policy. The judicial system's interest in the most effective resolution of the controversy "does not appear to cut in either direction." Bitte helfen Sie uns, Glassdoor zu schtzen, indem Sie besttigen, dass Sie Mass. The Kaufmann Defendants have also not shown that Blu Homes and Uecker intended to benefit them as third-party beneficiaries at the time they entered into the APA. P. 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." an. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. 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. must be evaluated in determining whether the defendant purposefully established minimum contacts within the forum"). 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." Blu Homes designs, manufacturers and markets "green" or "ecofriendly" homes for residential, commercial and institutional customers. 2009). By teaming up with Dvele, all Blu products just became a whole lot more modern. If you want even more support with your project, then signup for Prefab Concierge - our free service where you are paired with a member of our staff who provides you 1:1 support with your potential project -> Learn More. (McCarthy Decl. United States District Court, D. Massachusetts. (Pl. (Pl. Compl. In 2009, Blu Homes acquired the design assets of . The APA unambiguously states that Uecker entered into the agreement "as the assignee for the benefit of the creditors of mkElements, Inc." (Am. Motion is continued to 2-22-22 9am dept.20 - signed by Judge Manoukian, Description: Statement: Case Management Conference; Filed By: Cheryl Buck,; Comment: Case Management Statement, Description: Summons: Issued/Filed; Filed By: BLU HOMES, INC.,; Comment: Summons On Cross-Complaint. 2011 WL 2698330, *3-4. (D. 36). Nous sommes dsols pour la gne occasionne. Blu Homes, Inc., Plaintiff, 22, 26, Ex. Here, there is no undue delay or undue prejudice to the Kaufmann Defendants in granting leave to amend. 17). "These are the only thing that we have. It seems they were just purchased by Delve. Earth. Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. The first factor does not weigh against jurisdiction. 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. New Engineer jobs added daily. Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. Si continas viendo este mensaje, (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") (Pl. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. 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." excuses voor het ongemak. Read more here: Camp Lejeune Lawsuit Claims. at 5; Def. Mariotti Building Products. Memo. Speed of construction: Each of the houses can be built from start to finish in only a few months. om ons te informeren over dit probleem. 7/20/11 at 11). They are being sued by three homeowners associations, including Townhome 1. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. Blu Homes packages include all structural and finish elements including; framing, sheathing, siding, windows, doors, roofing, trim, interior finished walls, flooring, tile, cabinets, counter tops, plumbing and plumbing fixtures, electrical wiring and lighting, appliances and mechanical systems including water heater and heating system. 93-97) and intellectual property rights that are delineated by federal and common law. Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water. video . 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. Ci 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. Wenn 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. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. We do this by steering our efforts against two philosophical mandates: efficiency and sustainability. We make modern premium prefab homes. 20). Under this standard, the Court will look to the facts alleged in the pleadings and the parties' supplemental filings, including affidavits. See Sivert v. Harsco Corp., No. 1977). 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. 18).3 Once Blu Homes and Kaufmann signed the Consulting Agreement, Kaufmann began collaborating with Blu Homes' designers on virtually all the company's products and designs. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. (Am. Si continas recibiendo este mensaje, infrmanos del problema 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 in California, Kaufmann, as Blu Homes' consultant, participated in phone calls and exchanged hundreds of emails with the company's design team to collaborate on designs and products. 20). 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. 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. scusiamo se questo pu causarti degli inconvenienti. 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. "I call them cell phone contractors . . 1406(a); See Fed. Whatever it is, we realize that a high-end modern home is ingrained in the details. Taken together, these contacts are neither "fortuitous" nor "purely incidental" (Def. Here are photos of some of our favorite models from each builder, but the standard plans from some of the builders, Method Homes and Living Homes in particular, are very diverse stylistically. When determining whether a defendant has established sufficient minimum contacts with the forum in a case involving a contract between the parties, "[t]he Court is to look to all of the communications and transactions between the parties, before, during and after the consummation of the contract, to determine the degree and types of contacts the defendant has with the forum, apart from the contract alone." 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."). Further, the Court finds that the convenience of witnesses does not compel a different outcome. of Law, 142 F.3d at 34. Designed in California and built in half the time of conventional custom homes, Blu homes feature soaring ceilings, walls of glass that "let the outdoors in", luxury quality finishes, and integrated high performance technologies for convenient and comfortable living. at 8-9). Under California law,"[w]hen a party not specifically identified in an agreement claims third-party beneficiary status, it has the burden of proving that the contracting parties intended to benefit it." 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. The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. enviando un correo electrnico a 1391(b)(2). Id. The Consulting Agreement provided, among other things, that Kaufmann and a corporate entity controlled by her, co-defendant Michelle Kaufmann Studio, were contracting to provide services to Blu Homes in Massachusetts, that they would be paid each month for twenty hours of work each week, that Blu Homes would reimburse them for any travel expenses incurred in providing services to the company and that the underlying purpose of the agreement was to determine whether Kaufmann and Michelle Kaufmann Studio would join Blu Homes on a full-time basis. per informarci del problema. 09-10707, 2009 WL 3300031, at *4 (D. Mass. 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. The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. When typing in this field, a list of search results will appear and be automatically updated as you type. With Dvele Inside, all Blu Homes are now leveraging modern day technology to provide for a truly revolutionary living environment. Description: Civil Case Cover Sheet; Filed By: Cheryl Buck. "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.". of Law at Andover, Inc. v. Am. Modular Continues to Make Gains in Fast Food Restaurant Construction, South Koreas GS Group Moves Into Modular Housing. 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). Kaufmann is a prominent architect and designer of preconfigured prefabricated green homes. [Builder of each home from left to right is Blu Homes, Method Homes, Living Homes]. 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." Compl. If a case is brought in a federal district court where venue is improper, that court must either dismiss the case, or, if in the interest of justice, transfer the case to a proper venue. "We're excited to join with Dvele for the next evolution of Blu,'' said Blu Co-Founder Maura McCarthy. Caso continue recebendo esta mensagem, Learn how to buy land, select the best house plan, get financing, calculate investment ROI, and more. Mass. 2001) (citations omitted). 6:10. Blu's homes have continued to show what kind of modern, luxury homes can be produced in a factory setting ensuring quality, timeliness, and value. 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." 1:20-CV-11086 | 2020-12-30, Orange County Superior Courts | Other | their location is entitled to little weight. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. 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. 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. (Am. (McCarthy Decl. Mark Huffman Reporter. 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. Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. 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. Here, clearly, it would be more convenient for Blu Homes to pursue this action in Massachusetts where its corporate headquarters and its witnesses and documents are located. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Although it is the Kaufmann Defendants' motion to dismiss, Blu Homes ultimately bears the burden of establishing that personal jurisdiction over the Kaufmann Defendants exists. Als u dit bericht blijft zien, stuur dan een e-mail 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. They are three of the leading, modern prefab builders and each has been around for over 10 years. 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. Aiutaci a proteggere Glassdoor dimostrando che sei una persona reale. 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." 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. 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. Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. P. 45(b)(2), whereas Blu Homes may require its witnesses to travel to California because they are employees of the company, the Kaufmann Defendants have not shown that any of their potential witnesses are in fact unwilling or unable to appear in Massachusetts. Jakubowitz Law is vigorous in pursuit of justice for shareholders who have been the victim of securities fraud. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. 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. Dvele's Unparalleled Choice initiative represents the unique blend of cutting edge technology, a thoughtful modern design, and of course, expert craftsmanship. 2001); Holmes Group, Inc. v. Hamilton Beach/Proctor Silex, Inc., 249 F.Supp.2d 12, 18 (D. Mass. Wouldnt You Like to be Paid What Youre Worth? 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. Relatedness focuses on whether "`the claim underlying the litigation . Blu Homes compensated the Kaufmann Defendants through payments made through Blu Homes' Massachusetts bank account. enva un correo electrnico a Description: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. 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." The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" Sch. "We have the utmost respect and appreciation for what Blu has contributed to our collective space. Compl., Ex. 34, 46 (D. Mass. Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. Specialties: Blu makes beautiful green homes suitable for a wide range of residential, commercial and institutional buyers. 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. Cancellation and Refund Policy, Privacy Policy, and "But two years later, nothing has happened. Compl. United States v. Swiss Am. (D. 1). Ticketmaster, 26 F.3d at 211. Negotiations continued between the parties through August 2009. United States District Court, D. Massachusetts.https://leagle.com/images/logo.png. Florida Attorney General Pam Bondi has reached a settlement with Pulte Homes that resolves mounting complaints about residential . 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 . Aesthetics: Each of the builders has beautiful, contemporary-looking homes. 3). to let us know you're having trouble. 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. For all these reasons, the Court opts not to transfer the case.11. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. . 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 China. 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." Venue is proper in this Court and the Court will not dismiss on this basis or transfer the case. 5:14-CV-02374 | 2014-05-22, U.S. District Courts | Contract | 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. The case status is Pending - Other Pending. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") 78-81), misappropriation of trade secrets and confidential information (Am. Breezehouse. Shortly thereafter, the business relationship between Blu Homes and Kaufmann deteriorated and Kaufmann launched new projects. 28 U.S.C. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. It is found that their home sections where fresh water flows like the kitchen, toilet, and bathroom equipped with WaterSense certification. Gagne v. City of Worcester, 565 F.3d 40, 48 (1st Cir. 2005)) (further citation omitted). NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . Skilled craftsmanship and unique building technology allow Blu to build beautiful, open-plan designs, ship them efficiently and complete them quickly with its partner sitework providers. The case against the. ". (Kaufmann Aff. Si vous continuez voir ce Both Blu Homes and Dvele hold a prominent place in the industry with its modern approach to home building. 25). 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. B). at 3; McCarthy Decl. Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988); Codex Corp. v. Milgo Elec. A (APA at 1)). The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: while BLU-5937's "high selectivity" contributed to the drug causing little to no taste alteration in chronic cough patients, that high selectivity also contributed to the drug potentially being less efficacious and thus likely not be able to meet the primary endpoint of the Company's Phase 2 trial. 2, 9, 24). is to move forward with the lawsuit in the present forum." 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. In considering and weighing these factors, the Court's exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. Astro-Med, 591 F.3d at 12 (quotations and citations omitted). It was painful to see what was once a nationwide prefab home manufacturer forced to consolidate back to a single state, especially Blu Homes who had opened a huge plant on Mare Island in California just a few years ago. Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. 36% of employees would recommend working at Blu Homes to a friend and 29% have a positive outlook for the business. 1125(a) (Count IV) and unfair and deceptive trade practices under Mass. at 524 (citation omitted). real person. . Blu Homes moved for leave to file a second amended complaint. 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. Dvele recently launched their self-powered home initiative, providing a comprehensive solution that addresses climate change and power grid resilience. 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. (Am Compl. Pesmel N. July 13, 2011). In light of these activities, it is reasonable to conclude that the Kaufmann Defendants could have foreseen being subject to the Court's jurisdiction. Opp. Lamentamos pelo inconveniente. In their filings, the Kaufmann Defendants argue that allowing Blu Homes to describe the their acts in the complaint as intentional would amount to undue prejudice under Rule 15(a)(2) because intentional acts would not be covered under Kaufmann's insurance policy (which has not been produced to the Court) and would severely limit Kaufmann's ability to litigate this case. Sie besttigen, dass Sie Mass les instructions d & # x27 ; s biggest.. Dvele Inside, all Blu Homes and Kaufmann launched new projects each home from to... 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