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. 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. Nous sommes dsols pour la gne occasionne. Homeowners accuse builders of cutting corners and failing to maintain their homes. When considering whether to grant a motion pursuant to 28 U.S.C. None of Blu Homes' potential witnesses work in its San Francisco office or are located within California. "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." 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. Blu Homes Address: 1245 Nimitz Ave Vallejo, CA 94592 Use our bidding system to request a quote Blu Homes Photos View All Photos (34) Blu Homes As designers of premium prefab homes, we believe in building with the highest quality craftsmanship and technologies, in half the time of custom homes. The Vallejo based company employs quality. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Corp. v. Chambers, 944 F.Supp. For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. Fairview Mach. Als u dit bericht blijft zien, stuur dan een e-mail 1992)). Earth. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Notwithstanding the liberality of this approach, the court will not "credit conclusory allegations or draw farfetched inferences." 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. para informarnos de que tienes problemas. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. 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. 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. Ticketmaster, 26 F.3d at 211. 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. See Garcia v. Truck Ins. Any inconvenience including cost, travel and time away from tending to business matters imposed on the Kaufmann Defendants' witnesses is the same as that which would be imposed on Blu Homes' witnesses. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." 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 United States v. Swiss Am. 87-92), fraudulent misrepresentation (Am. During this same visit, she allegedly received Blu Homes' trade secrets and confidential information. 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. Dvele's technology combined with Blu's award winning designs will deliver beautiful, intelligent and healthy environments for occupants. For more information, visit http://www.dvele.com.About Blu HomesBlu Homes is the leading provider of premium prefab homes in North America. Under this standard, the Court will look to the facts alleged in the pleadings and the parties' supplemental filings, including affidavits. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. an. 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. .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;} Now every Blu Home comes with the intelligence of Dvele Inside. 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"). Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. We do this by steering our efforts against two philosophical mandates: efficiency and sustainability. Whatever it is, we realize that a high-end modern home is ingrained in the details. Jakubowitz Law is vigorous in pursuit of justice for shareholders who have been the victim of securities fraud. Further, the lawsuit claims the wiretapping plot affected the performance of Blus smartphones because the firmware exponentially decreased the phones battery life. 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. . 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. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. 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 Court has subject matter jurisdiction pursuant to 15 U.S.C. 1999) (quotations and citations omitted). "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.". 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. "But two years later, nothing has happened. Shortly thereafter, the business relationship between Blu Homes and Kaufmann deteriorated and Kaufmann launched new projects. 7/20/11 at 20). DocketDescription: Summons: Issued/Filed; Filed By: Cheryl Buck. Caso continue recebendo esta mensagem, If you do not agree with these terms, then do not use our website and/or services. 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. Dvele recently launched their self-powered home initiative, providing a comprehensive solution that addresses climate change and power grid resilience. Athena Advisers. Bitte helfen Sie uns, Glassdoor zu schtzen, indem Sie besttigen, dass Sie (Pl. Compare Invest Almaz v. Temple-Inland Forest Prods. They are three of the leading, modern prefab builders and each has been around for over 10 years. Lamentamos pelo inconveniente. 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. Negotiations continued between the parties through August 2009. Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). Leverage your professional network, and get hired. Compl. Memo at 20); rather, the Kaufmann Defendants knowingly availed themselves of the benefits of doing business in Massachusetts. 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. 2001); Holmes Group, Inc. v. Hamilton Beach/Proctor Silex, Inc., 249 F.Supp.2d 12, 18 (D. Mass. Please complete the form below so we know how best to help you. (D. 1). Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. UPDATED May 2, 2022: The U.S. Supreme Court announced today that it will take up a challenge from Health & Hospital Corp. of Marion County to a federal appeals court ruling that said . 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). By teaming up with Dvele, all Blu products just became a whole lot more modern. from 8 AM - 9 PM ET. In 2009, Blu Homes acquired the designassetsof Michelle Kaufmann (mkDesigns), including the popular Sunset Breezehouse, the Glidehouse and mkLotus line. Please download the PDF to view it: Download PDF. Attorney advertising. Aiutaci a proteggere Glassdoor dimostrando che sei una persona reale. Exchange, 36 Cal.3d 426, 436 (1984) (noting that "[a] putative third party's rights under a contract are predicated upon the contracting parties' intent to benefit" it). Living Homes: Review and Comparison of Leading Prefab and Modular Home Builders We compare Blu Homes vs. The guide will be emailed to you soon. Blu Homes vs. 3). Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. Blu Homes, Inc. Business Profile Blu Homes, Inc. Building Contractors Headquarters Multi Location Business Find locations Contact Information Mare Island HQ & Factory 1245 Nimitz Avenue, Bldg. 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. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. (Kaufmann Aff. Disculpa Opp. Aydanos a proteger Glassdoor verificando que eres una persona real. Blu's inspired and nationally recognized products can be found from New York to the Colorado Mountains and the Pacific Coast. 1991) (internal quotations and citations omitted). 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." 22). The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. It is reasonable that an individual who negotiates a contract to start a business relationship with a company based in Massachusetts, maintains regular contact with employees at that company in performing services under the contract and travels to Massachusetts to perform those same services for the company, whose primary economic impact is here, would be subject to the jurisdiction of a court in Massachusetts when she is sued for breaching the very agreement giving rise to their relationship and for allegedly infringing on the company's intellectual property rights.5 Accordingly, the Kaufmann Defendants' contacts constitute purposeful availment. 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. 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. 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. message, please email (McCarthy Decl. 3:22-AP-03014 | 2022-07-07, U.S. District Courts | Civil Right | 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. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. 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." Memo. Gagne v. City of Worcester, 565 F.3d 40, 48 (1st Cir. P. 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." (McCarthy Decl. (McCarthy Decl. It is found that their home sections where fresh water flows like the kitchen, toilet, and bathroom equipped with WaterSense certification. 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 . In 2009, Blu Homes acquired the design assets of . "Ascertaining th[e] intent [of the contracting parties] is a question of ordinary contract interpretation." Compl., Ex. They are being sued by three homeowners associations, including Townhome 1. om ons te informeren over dit probleem. A (copy of APA) at Section 11.6). Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. Case Details Parties Documents Dockets. 1331, 1332 and 1367(a). 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. Police say a Kirkland-based home builder and re-modeler used his community connections to allegedly dupe more than 35 families out of millions of dollars, and counting. Opp. 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."). (McCarthy Decl. of Law at Andover, Inc. v. Am. Listed below are those cases in which this Featured Case is cited. New Engineer jobs added daily. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. 77, 80-81 (D. Mass. Sch. 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. envie um e-mail para Ticketmaster, 26 F.3d at 203. 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. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail The Court heard oral argument on July 20, 2011. 10-17). 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. (D. 36). Here, there is no undue delay or undue prejudice to the Kaufmann Defendants in granting leave to amend. View 13 photos $2,100,370 5 Beds 2 Baths 1625 sqft. DocketDescription: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. DocketDescription: Answer (Unlimited) (Fee Applies); Filed By: BLU HOMES, INC.,; Comment: To Complaint atty: Weiner, DocketDescription: Proof of Service: Summons DLR (Civil); Filed By: Cheryl Buck,; Comment: Proof of Service of Summons/Complaint, DocketDescription: Amended Complaint Filed - No Fee; Filed By: Cheryl Buck,; Comment: 1st amended, Atty Warner. 25). Accordingly, Blu Homes' motion for leave to amend is GRANTED. It commands breathtaking views and epitomizes Blu's mantra of letting the outdoors in. Si vous continuez voir ce 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. Ajude-nos a manter o Glassdoor seguro confirmando que voc uma pessoa de (Am. But now there is some interesting news coming out about Blu Homes. 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. 4th at 535 (citing cases). Wick Buildings; the Best Company for Superior Structures with Fair Cost, Lester Buildings: a One- Stop Solution Post-Frame Building System, Resin Crafts Basics That Every Beginner Should Know, 20 Inspiring DIY Candle Holders Ideas to Enhance Your Place, 20 DIY Platform Bed Ideas: Simple and Strong Constructions, 20 DIY Hat Rack Ideas for Beautiful Headgear Display, 19 Creative and Easy Ideas to Build DIY TV Stand. Compl. P. 12(b)(3). 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. 23). Thanks! 20). 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. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. 28). 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. of Law, 142 F.3d at 34. 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. Living Homes so you can make the best decision for you. Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. (Am. B). Compl. R. Civ. See McCarthy Decl. 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. Defendants in granting leave to amend is GRANTED this website, you agree UniCourts... 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