The case status is Pending - Other Pending. United States District Court, D. Massachusetts. Please complete the form below so we know how best to help you. Kaufmann is a prominent architect and designer of preconfigured prefabricated green homes. For more information, visit www.bluhomes.com. (McCarthy Decl. The second factor, concerning Massachusetts' interest in adjudicating the dispute, weighs heavily in favor of keeping the lawsuit in this district. Breezehouse / Sidebreeze / Origin / Glidehouse / Lofthouse / Balance / Breeze Aire / Element. 1997). 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. Compare Invest Almaz v. Temple-Inland Forest Prods. Blu Homes is based here in Massachusetts. A class action lawsuit claims Blu Products installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals' confidential data. v. Leverage your professional network, and get hired. 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). 15-17). 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. 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." CONTACT JAKUBOWITZ ABOUT BLU:https://claimyourloss.com/securities/bellus-health-inc-loss-submission-form/?id=15124&from=1, Class Period: September 5, 2019 - July 5, 2020. 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. Packages do not include washer / dryer, air conditioning systems, transportation of the home, site work and foundation or utility hookup. For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. 23). Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. (Am. 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. to let us know you're having trouble. 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. 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. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail The judicial system's interest in the most effective resolution of the controversy "does not appear to cut in either direction." from 8 AM - 9 PM ET. (McCarthy Decl. 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. 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. 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. 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. Accordingly, Blu Homes' motion for leave to amend is GRANTED. Jakubowitz Law is vigorous in pursuit of justice for shareholders who have been the victim of securities fraud. The decision to transfer a case pursuant to 1404(a) is a matter within the discretion of the district court. 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. Memo at 23, Def. July 13, 2011). 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. Hasbro, Inc. v. Clue Computing, Inc., 994 F.Supp. (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. See Garcia v. Truck Ins. 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. Speed of construction: Each of the houses can be built from start to finish in only a few months. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Maybe it is the boldness that compels you to linger. 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. This rating has improved by 3% over the last 12 months. 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 .. . However, because "it is unlikely that the parties will be able to resolve the dispute without judicial intervention in some forum" if the matter is dismissed here, "[t]he most efficient path for the judicial system . Id. 2000) (citation omitted). (Am. at 30. 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. Blu now sells its homes across all of California. Opp at 30 & n.5). 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. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. 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. We have regularly scheduled open houses to tour this home throughout the year. We think these will be the key decision making factors for most people: Service area - Blu Homes only serves Northern California at the moment while Method Homes serves the Western U.S. and Canada. 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. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. In other words, the relationship with Blu Homes was commercially advantageous to the Kaufmann Defendants just as it was for Blu Homes. Blu Homes has an overall rating of 2.8 out of 5, based on over 66 reviews left anonymously by employees. The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. this factor is only meaningful where a party can demonstrate some kind of special or unusual burden." 7/20/11 at 11). Example: Yes, I would like to receive emails from ec96a53b6b.nxcli.net. 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. On 07/08/2020 Cheryl Buck filed a Contract - Other Contract lawsuit against BLU HOMES, INC. MARE ISLAND, CA. Learn how to buy land, select the best house plan, get financing, calculate investment ROI, and more. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. 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. Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. 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. That's all homes for sale in Grenoble, France we have matching your search today. Now every Blu Home comes with the intelligence of Dvele Inside. 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. Listed below are those cases in which this Featured Case is cited. Mass. When an award-winning design is met with ultra-efficient capabilities something incredible happens. These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. With this, the dwellers are capable of saving the water 25 to 30 percent. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75 (1985). For more details and to speak with our firm without cost or obligation, follow the links below. 28 U.S.C. 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. Michelle Kaufmann, Michelle Kaufmann Studios, Inc., Michelle Kaufmann Studio, Studio 101 Designs, Inc., Defendants. 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. Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). Compl. Wouldnt You Like to be Paid What Youre Worth? Description: Civil Case Cover Sheet; Filed By: Cheryl Buck. Disculpa 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. (McCarthy Decl. Ci 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. 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."). July 7, 2009) (noting that defendants had not shown that witnesses no longer employed by defendant "would be unwilling or unable to appear in Massachusetts"). Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. 7/20/11 at 33-34). Under this standard, the Court will look to the facts alleged in the pleadings and the parties' supplemental filings, including affidavits. Kaufmann allegedly conveyed the same message to Haney throughout their discussions from July 2009 through October 2009. naar Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. However, at oral argument, counsel for the Kaufmann Defendants informed the Court that even after receiving the proposed second amended complaint replete with the term "intentional," Kaufmann's insurer informed her that she was covered under the policy. The case against the. Aydanos a proteger Glassdoor verificando que eres una persona real. (Am. Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. DocketDescription: Summons: Issued/Filed; Filed By: Cheryl Buck. Click on the link below to discover what makes for a high-end modern home. of Law at Andover, Inc. v. Am. 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. Sorta makes one ask why all those hundreds of millions of dollars that investors poured into Blu Homes didnt make this work out. Our team of Dvelees shares a common vision to inspire a new future full of beautiful, health-promoting homes that are entirely self-powered, adaptable, safe and highly resilient. Pesmel N. 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." Compl. "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." 2000)). 11). 2017-06-29. The enormity of a homes potential contribution as a positive or negative influence on our daily lives is not often fully understood by most homeowners. Click the citation to see the full text of the cited case. Lamentamos .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;} Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. A (copy of APA) at Section 11.6). 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. 2, 9, 24). 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. Filed: November 22, 2016 1:16-cv-24892-MGC. (McCarthy Decl. Please help us protect Glassdoor by verifying that you're a must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." Whatever it is, we realize that a high-end modern home is ingrained in the details. The Kaufmann Defendants contend that evidence is more readily available in California because it is located there. 2009) (quoting N. Laminate Sales, Inc. v. Davis, 403 F.3d 14, 25 (1st Cir. Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water. 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." "But two years later, nothing has happened. 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 . 22). 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. Please download the PDF to view it: Download PDF. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. (Pl. Compl. Breezehouse. pour nous faire part du problme. Blu homes are healthy to live in and better for the . 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. 34, 46 (D. Mass. Sawtelle, 70 F.3d at 1395. at 8-9). These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. For all these reasons, the Court opts not to transfer the case.11. 2005)) (further citation omitted). Although the need to defend an action in a foreign jurisdiction "is almost always inconvenient and/or costly . Med. Id. This Court has subject matter jurisdiction pursuant to 15 U.S.C. . 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. enviando un correo electrnico a (Am. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action lawsuits have commenced on behalf of shareholders of the following publicly-traded companies who purchased shares within the class periods listed below. 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. Thank you! Athena Advisers. Compl. Lyle Richards Int'l, Ltd. v. Ashworth, Inc., 132 F.3d 111, 112 (1st Cir. This is sufficient to satisfy relatedness. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. Onze Read our Newswire Disclaimer. When considering whether to grant a motion pursuant to 28 U.S.C. Blu Homes designs, manufacturers and markets "green" or "ecofriendly" homes for residential, commercial and institutional customers. 1391(b)(2). Finally, one place to get all the court documents we need. 2001) (citations omitted). at 3; McCarthy Decl. A (APA at 10)). 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. 6:10. The Court finds no reasons for striking any portions of the McCarthy Declaration. Save hundreds of hours of research. Shareholders interested in representing the class of wronged shareholders have until the lead plaintiff deadline to petition the court. Method Homes vs. 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. Id. By teaming up with Dvele, all Blu products just became a whole lot more modern. And delivered to Northern California. their location is entitled to little weight. real person. If you continue to see this Sch. (Def. The APA unambiguously states that Uecker entered into the agreement "as the assignee for the benefit of the creditors of mkElements, Inc." (Am. 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. Compl. B). 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. Together, both Blu Homes and Dvele apply advanced technology to design and build highly personalized, premium modular homes of extraordinary quality. Pritzker v. Yari, 42 F.3 d 53, 64 (1st Cir.1994). 1406(a); See Fed. Case Details Parties Documents Dockets. . P. 12(b)(3). New cases and investigations, settlement deadlines, and news straight to your inbox. By revolutionizing the way homes are designed, produced and experienced we are making a substantial, positive impact on our customers and the planet. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") "Furthermore, we are not required to determine the best venue, merely a proper venue." Nine buyers in a Johns Island development filed individual lawsuits after a company tried to terminate their sales agreements over a "legal error" and asked them to sign new contracts Compl., Ex. Method Homes vs. Reply at 8; Second Kaufmann Aff. 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 own. para nos informar sobre o problema. (Pl. Thanks! P. 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." Create an alert to be instantly notified of new similar listings coming online. Description: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. 12). Bitte helfen Sie uns, Glassdoor zu schtzen, indem Sie besttigen, dass Sie B (Consulting Agreement) at sections 7, 16). . Randazzo Enterprises, Inc. v. Applied Underwriters Captive Risk Asssurance Company, Inc. FXR Construction, Inc. v. Federal Insurance Company et al, FXR CONSTRUCTION, INC. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. (Kaufmann Aff. JAKUBOWITZ LAW1140 Avenue of the Americas9th FloorNew York, New York 10036T: (212) 867-4490F: (212) 537-5887, View source version on accesswire.com: https://www.accesswire.com/642199/LAWSUITS-FILED-AGAINST-BLU-GOEV-and-EBS--Jakubowitz-Law-Pursues-Shareholders-Claims, https://claimyourloss.com/securities/bellus-health-inc-loss-submission-form/?id=15124&from=1, https://claimyourloss.com/securities/canoo-inc-loss-submission-form/?id=15124&from=1, https://claimyourloss.com/securities/emergent-biosolutions-inc-loss-submission-form/?id=15124&from=1, https://www.accesswire.com/642199/LAWSUITS-FILED-AGAINST-BLU-GOEV-and-EBS--Jakubowitz-Law-Pursues-Shareholders-Claims. Last 12 months, select the best venue, merely a proper venue. '' a... 120,000 Blu smartphones that illegally recorded individuals ' confidential data may be true that the Kaufmann Defendants ' witnesses. Of defendant Michelle Kaufmann ( `` Kaufmann Aff. '', Defendants Clue Computing, Inc., 935 F.2d,! 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