real person. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . 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. The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. Blu Homes has an overall rating of 2.8 out of 5, based on over 66 reviews left anonymously by employees. from 8 AM - 9 PM ET. 1994). "In the early years of our entrepreneurial journey, Blu was the company we looked at as leading the charge for high-end prefabricated homes," said Dvele Co-Founder and CEO, Kurt Goodjohn. 09-10707, 2009 WL 3300031, at *4 (D. Mass. Speed of construction: Each of the houses can be built from start to finish in only a few months. 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. 11). 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. Corp. v. Chambers, 944 F.Supp. Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. 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. Public Records Policy. And delivered to Northern California. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. 1995) (quoting Boit v. Gar-Tec Prods., Inc., 967 F.2d 671, 675 (1st Cir. Made in the bay Area, our homes are built in half the time of traditional custom homes. (Pl. For more information, visit http://www.dvele.com.About Blu HomesBlu Homes is the leading provider of premium prefab homes in North America. When considering whether to grant a motion pursuant to 28 U.S.C. Description: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck. (D. 36). The case against the. Compl. Compl. Click on the case name to see the full text of the citing case. 27; McCarthy Decl. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. 1406(a); See Fed. 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. 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. thus, the moving defendant . By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, A lot of things plagued Blu Homes over the years. 2000)). Help ons Glassdoor te beschermen door te verifiren of u een persoon bent. 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. 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 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. 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. That press release was a lot of fancy words without a lot of substance. 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. On August 21, 2009, Blu Homes entered into a six-month consulting agreement with the Kaufmann Defendants ("Consulting Agreement"). at 3; McCarthy Decl. Ctr., 600 F.3d 25, 31 (1st Cir. 78-81), misappropriation of trade secrets and confidential information (Am. 2009) (quoting N. Laminate Sales, Inc. v. Davis, 403 F.3d 14, 25 (1st Cir. Save hundreds of hours of research. Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. 1977). 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." 1997). Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. Compl., Ex. R. Civ. (Am. (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") 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. Please download the PDF to view it: Download PDF. (McCarthy Decl. Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. The language of the APA is simply not reasonably susceptible to the interpretation placed upon it by the Kaufmann Defendants. . Method Homes vs. 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. 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. Blue Homes is one of the pioneers in the Accessory Dwelling Units (ADUs) segment and has built hundreds of homes primarily across California. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" 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. 2010) (concluding that "it is well established that the relatedness prong is satisfied when, as is asserted here, the alleged [trademark infringement] arises out of the publication of a website continuously available to Massachusetts residents and causing tortious injury in Massachusetts [where the trademark owner is located]") (internal quotations and citations omitted). Corrado Rizzi is the Senior Managing Editor of ClassAction.org. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. Then Zephan McMinn, an attorney and an employee at . Compl. 20). (Am. 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. Memo at 23, Def. Compl. About DveleDvele is a privately held producer of next-generation modular homes and housing focused technologies. 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 . In other words, the relationship with Blu Homes was commercially advantageous to the Kaufmann Defendants just as it was for Blu Homes. 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. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75 (1985). In this case, venue is proper in this district. 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. Rather, the first amended complaint demonstrates that Blu Homes' claims primarily arise out of the Consulting Agreement,9 namely Blu Homes' claims for breach of the Consulting Agreement (Am. 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. envie um e-mail para 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. 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"). Click on the link below to discover how a Dvele makes for a healthier choice. (Pl. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The Court finds no reasons for striking any portions of the McCarthy Declaration. (D. 25). Plaintiff Blu Homes, Inc. ("Blu Homes") has brought this action against Defendants Michelle Kaufmann ("Kaufmann"), Michelle Kaufmann Studio, Michelle Kaufmann Studios, Inc. and Studio 101 Designs, Inc. alleging various causes of action in connection with Blu Homes' acquisition of certain intellectual property originally created by Kaufmann. In light of these activities, it is reasonable to conclude that the Kaufmann Defendants could have foreseen being subject to the Court's jurisdiction. That's all homes for sale in Grenoble, France we have matching your search today. 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. 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. When typing in this field, a list of search results will appear and be automatically updated as you type. "Because there is a presumption in favor of plaintiff's choice, transfer is not appropriate where its effect is merely to shift the inconvenience from one party to the other." Blu Homes offers modern, modular, factory built homes for residential and commercial clients. The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. Listed below are those cases in which this Featured Case is cited. Id. Si continas recibiendo este mensaje, infrmanos del problema It seems they were just purchased by Delve. . The Kaufmann Defendants have now moved to dismiss or transfer. Kaufmann and Blu Homes' designers exchanged hundreds of emails to accomplish their work together and Kaufmann sent her work product to them in Massachusetts. Cancellation and Refund Policy, Privacy Policy, and Sch. 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. 1125(a) (Count IV) and unfair and deceptive trade practices under Mass. Wenn Here, the Court has considered the declaration for the purposes of determining whether the Kaufmann Defendants have established minimum contacts with Massachusetts, not for deciding the merits of Blu Homes' contract claims which are not before the Court at this time. 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. 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. must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." For the first time, all of the high-end Blu Home designs come equipped with Dvele Inside. of Law at Andover, Inc. v. Am. All I can say about this is Good Luck Delve, youre going to need it. Ci Here, the claims raised by Blu Homes directly arise and relate to the Kaufmann Defendants' contacts with Massachusetts. 1114(1)(a) (Count II), trademark infringement and unfair competition under 15 U.S.C. naar Shortly thereafter, the business relationship between Blu Homes and Kaufmann deteriorated and Kaufmann launched new projects. 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. 1999) (quotations and citations omitted). The judicial system's interest in the most effective resolution of the controversy "does not appear to cut in either direction." 1997). 1991) (internal quotations and citations omitted). 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." 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