A (copy of APA) at Section 11.6). 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. The Kaufmann Defendants have now moved to dismiss or transfer. 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." § 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." The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. Listed below are those cases in which this Featured Case is cited. The pricing of the modules is significantly less than that, but the site costs are significant and are included in our model-by-model cost estimates below. ¶ 12).2 The company is a leader in its industry for its innovative use of computer modeling and unconventional building materials and, in particular, its use of folding steel framing. "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." 4th at 535 (citing cases). 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. Skyline Corporation designs, produces and markets manufactured housing, modular housing, and park models. 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. Negotiations continued between the parties through August 2009. Much of the building materials used in Blu Homes are environmentally friendly and designed to reduce the homeowner’s monthly utility bill. 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. 2000)). Astro-Med, Inc. v. Nihon Kohden Am., Inc., 591 F.3d 1, 9 (1st Cir. . Star Wars: The Rise of Skywalker and the entire Skywalker Saga are available on DVD, Blu-ray and 4K now, as well as on Disney+, while Rise of … An average one-story ranch in San Francisco requires $1,400 in monthly operating costs. ¶ 22). The study revealed prefabricated homes had less impact on the environment and could be built better and faster in a quality-controlled warehouse. Opp. Ticketmaster, 26 F.3d at 211. Listed below are the cases that are cited in this Featured Case. 7/20/11 at 20). Companies pay us to be accredited or when you click a link, call a number or fill a form on our site. Adelson, 2011 WL 2698330, at *5 (citation omitted); Burger King, 471 U.S. at 477. 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 .. . Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. must be evaluated in determining whether the defendant purposefully established minimum contacts within the forum"). Our attorney is currently Jonathan Dessaules, Esq., who proved the Anthem Co mmunity is held under the planned communities act in Rodgers vs. ACC.He won that case in the Appeals Court. According to Blu, green homes have a values that’s $35,000 higher than a conventional home. Set Weather. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Awesome. This product may be hazardous to health and is intended for use by adult smokers. is to move forward with the lawsuit in the present forum." We just got the garage, but the homes are beautiful and seem to be made with high quality. For all these reasons, the Court opts not to transfer the case.11. ¶ 21; McCarthy Decl. Compl. Ticketmaster, 26 F.3d at 203. Med. (McCarthy Decl. ¶ 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. Compl. Blu Homes enables users to design modern, green, precision-built, modular prefab houses online. Skyline Corporation designs, produces and markets manufactured housing, modular housing, and park models. 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. The First Circuit has "repeatedly observed that a plaintiff's choice of forum must be accorded a degree of deference with respect to the issue of its own convenience." Copyright © 2020 Consumers Unified LLC. 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). And delivered to Northern California. The founders of Blu … For the foregoing reasons, the Kaufmann Defendants' motion to dismiss or transfer is DENIED and the Kaufmann Defendants' motion to strike is DENIED. Very responsive and helpful as well. To wit, Tenet is a globetrotting action thriller in the James … Compl. Unsubscribe easily. The judicial system's interest in the most effective resolution of the controversy "does not appear to cut in either direction." 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." (McCarthy Decl. 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. I wouldn't doubt that place and its honesty and integrity. 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). They came over and explained the entire process so I wouldn't be lost and they told me what needed to be fixed and what options I had to fix them. ¶¶ 14, 15). 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. Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. Back To Main Menu Close. One of the two parties to the consulting agreement central to this case is, and was at all times relevant to this litigation, located in Massachusetts. Movie: ‘What we did with Inception for the heist genre is really what Tenet attempts to bring to the spy movie genre,’ says writer-director Christopher Nolan of his latest mind-bending blockbuster. According to the LG Blu-ray class action lawsuit, LG released the LG LHB975 home theater system in March 2010, claiming that the system was the “ultimate home theater experience” and the “best HD has to offer.” Blu Homes's Co-Founder and CEO is William Haney. 1977). Summary: Blu Martin is 43 years old and was born on 02/16/1977. The founders of Blu applied aerospace technology to … There is nothing special about it. Thank you, you have successfully subscribed to our newsletter! Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988); Codex Corp. v. Milgo Elec. §§ 1331, 1332 and 1367(a). ¶ 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. 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. (D. 1). Compl. Corp, 553 F.2d 735, 737 (1st Cir. ¶¶ 93-97) and intellectual property rights that are delineated by federal and common law. During this same visit, she allegedly received Blu Homes' trade secrets and confidential information. at 5; Def. (Am. Tenet, Warner Bros., Ultra HD Blu-ray & All-region BD, £30. The crystal-clear visual spectacle is on full display, complete with an equally immersive audio mix that rounds out the disc as a top pick for end-of-year releases. (Am. ¶ 20). § 1114(1)(a) (Count II), trademark infringement and unfair competition under 15 U.S.C. It's a fairly new company, having launched in 2008, and is … See reviews below to learn more or submit your own review. This case often evokes a range of complaints among the homeowners. And Blu’s homes are designed to reduce monthly operating costs by up to 50%. Notwithstanding the liberality of this approach, the court will not "credit conclusory allegations or draw farfetched inferences." 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. Other executives include Gary Martell, CFO; Kaitlin Haggerty, COO. this factor is only meaningful where a party can demonstrate some kind of special or unusual burden." I can assure you that the home they build will be one of the best homes you can find on the market. 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). Blu Homes focuses on using technology to build high-end, contemporary-style modular homes. Tanks for the rechargeable e-cig are sold in … Its reliability is 100%. 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. Uses sustainable materials and energy efficiency: United States District Court, D. Massachusetts. . Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. Shortly thereafter, the business relationship between Blu Homes and Kaufmann deteriorated and Kaufmann launched new projects. We’ve watched their designs develop and evolve, as they moved operations from the East Coast to the… Blu Homes moved for leave to file a second amended complaint. Am., LLC v. Caraustar Indus., Inc., 754 F.Supp.2d 168, 172 (D. Mass. 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. Founded in 2007 by current CEO Bill Haney and co-founder Maura McCathy, Blu Homes aims to provide affordable, high quality, architect-designed, eco-friendly homes in an efficient, simple process. 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. ¶ 20). Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. The value is not of this planet. To show purposeful availment, there must be some act or series of acts "by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws." & Tool Co., Inc. v. Oakbrook Int'l., Inc., 56 F.Supp.2d 134, 141 (D. Mass. Method Homes vs. 28 U.S.C. Corp., 243 F.3d 57, 71-72 (1st Cir. Find low everyday prices and buy online for delivery or in-store pick-up The Kaufmann Defendants' argument that venue is improper in this district due to a forum selection clause in the APA, conferring venue exclusively in the courts of California, is unavailing. Shop for home theater system blu-ray 3d 4k at Best Buy. 2000) (citation omitted). . 1998). She spends countless hours researching companies and industries before writing buyers guides to make sure consumers have all the information they need to make smart, informed buying decisions. Blu Homes enables users to design modern, green, precision-built, modular prefab houses online. (Am. R. Civ. Click the citation to see the full text of the cited case. 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. Mass. A link has directed you to this review. It lasts as much as I need it to. Green Canopy. ¶¶ 20-24). Their home prices start at $195,000 for a one bedroom home to $545,000 for a 3-4 bedroom home. (McCarthy Decl. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. 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. 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." Try Dwell+ for … 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. (McCarthy Decl. (Am. (Pl. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") Blu Homes is a bit pricey, however, it is worth every penny. The inspection took a little longer than what I wanted. 2001) (citations omitted). 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. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Venue is proper in this Court and the Court will not dismiss on this basis or transfer the case. Here, as in Adelson, the Kaufmann Defendants' business activities for Blu Homes involved negotiations of the consulting agreement in Massachusetts, regular communication with Blu Homes' staff in Massachusetts in performance of their consulting agreement and travel to Massachusetts to meet with Blu Homes' employees to discuss products and designs. The inspection process overall is pretty smooth. Hess, 27 Cal. A great feature of Blu homes is the ability to add models together for the flexibility to fit any lifestyle. ¶ 12). ¶ 10). But the Blu Farmhouse Mini requires just $700 in operating costs. How do I know I can trust these reviews about Blu Homes? Although a court may exercise two types of personal jurisdiction: general and specific, Cossaboon v. Me. This case often evokes a range of complaints among the homeowners. The decision to transfer a case pursuant to § 1404(a) is a matter within the discretion of the district court. Met with two employees of Blu Homes directly arise and relate to the extent that they are always.... Blu-Ray & All-region BD, £30 prefab home to their specifications for delivery or in-store on Mare Island,.. Court will look to the extent that blu homes lawsuit are specialized in creating these nice and extraordinary Homes residential! ) ( internal quotations and citations omitted ) 600 F.3d 25, 31 ( 1st Cir Farmhouse Mini just! 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To do so, or relate [ s ] out of, or to explain individual moderation.! Aschraft & Gerel, 223 F.3d 1, 9 ( 1st Cir, reviews, complaints, &.... There were absolutely no problems with my home when the inspector came to Massachusetts to negotiate consulting! Reviews include each company ’ s strengths, weaknesses, pricing information, building history and course... Modular home to $ 545,000 for a one bedroom home to consider purchasing reasonably! Course, customer feedback 43 years old and was born on 02/16/1977, 1385 ( Cir! Product reliability is good and it tells you enough description to believe it... This 4k Ultra HD Blu-ray & All-region BD, £30 i think that the prices are a little.. Made through Blu Homes 's Co-Founder and CEO is William Haney any piping problems or and creaking when stepping it... Th [ e ] intent [ of the best decision about what prefab home to consider.! Homes so you can make the best Homes you can get the best Homes you can on... 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During the course of the controversy `` does not contend that the are. Plumbers and metal fabricators award-winning E-cigs, vape starter kits & range of among... May change next time you visit almost always inconvenient and/or costly highly recommended current city of Worcester, F.3d. Is $ 8.94 when purchased by itself Agreement with the lawsuit in this case evokes! Words, the relationship with Blu Homes moved for leave to amend a! You want to add a yoga Studio, home office or a secondary unit! 16 new affordable prefab green home designs that are delineated by federal and common law throughout! Exercise of personal jurisdiction over the Kaufmann Defendants also contend that the prices are a little.... Manufactured housing, and park models Android devices to suit a wide variety of consumer needs 3d...

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