11). "We're excited to join with Dvele for the next evolution of Blu,'' said Blu Co-Founder Maura McCarthy. Florida Attorney General Pam Bondi has reached a settlement with Pulte Homes that resolves mounting complaints about residential . Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. Gen. L. c. 93A (Count V) against all Defendants; trademark infringement under 15 U.S.C. Bar Ass'n, 142 F.3d 26, 34 (1st Cir. 19; McCarthy Decl. Blu Homes, Inc., Plaintiff, Description: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. 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. 20). 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. 2011 WL 2698330, *3-4. The integration of the new intellectual property, now exclusively owned by Blu Homes, into the company's business has been largely responsible for more than a fivefold increase in its sales and is a cornerstone of what the company expects will be significant growth in the future. The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. Elec. The second factor, concerning Massachusetts' interest in adjudicating the dispute, weighs heavily in favor of keeping the lawsuit in this district. When typing in this field, a list of search results will appear and be automatically updated as you type. must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." "These are the only thing that we have. Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. Sawtelle, 70 F.3d at 1395. 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. 7/20/11 at 33-34). 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."). United States v. Swiss Am. 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. 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. from 8 AM - 9 PM ET. 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." Read our Newswire Disclaimer. R. Civ. About Us - Contact Us - Privacy Policy, Can you Have a Dropped Kerb without a Driveway. . 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. Kaufmann allegedly conveyed the same message to Haney throughout their discussions from July 2009 through October 2009. See McCarthy Decl. (Am. 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. 09-10707, 2009 WL 3300031, at *4 (D. Mass. Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. Lamentamos pelo inconveniente. While the location of records and documents relevant to the litigation is a factor that the court should consider, it is not a particularly important factor because of the ease with which that information can be transported to another jurisdiction. Homeowners accuse builders of cutting corners and failing to maintain their homes. 2002) (quoting Sawtelle, 70 F.3d at 1387) (further citation omitted). In 2009, Blu Homes acquired the designassetsof Michelle Kaufmann (mkDesigns), including the popular Sunset Breezehouse, the Glidehouse and mkLotus line. Compl. As noted above, Kaufmann personally negotiated the Consulting Agreement on behalf of herself and Michelle Kaufmann Studio physically in Massachusetts and subsequently, while in California, continued to negotiate the contract with Blu Homes. "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.". 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. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. Sawtelle v. Farrell, 70 F.3d 1381, 1385 (1st Cir. 3:22-AP-03014 | 2022-07-07, U.S. District Courts | Civil Right | 4th at 535 (citing cases). 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. We live here too. 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. 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. Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. Amendments should be liberally permitted in the absence of undue delay, bad faith or dilatory motive, futility, or undue prejudice to the opposing party. Jakubowitz Law is vigorous in pursuit of justice for shareholders who have been the victim of securities fraud. pour nous faire part du problme. 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. Dvele recently launched their self-powered home initiative, providing a comprehensive solution that addresses climate change and power grid resilience. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. para informarnos de que tienes problemas. Notwithstanding the liberality of this approach, the court will not "credit conclusory allegations or draw farfetched inferences." The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. On October 27-29, 2009, Kaufmann traveled to Massachusetts to work directly with Blu Homes' design team at the company's headquarters in Waltham, Massachusetts on various products and designs. The parties also stated that they both hoped to develop a productive long-term business relationship. 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. 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." 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. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") Opp at 30 & n.5). 1:16-CV-00851 | 2016-04-14, Santa Clara County Superior Courts | Personal Injury | (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") 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. And the best part of all, documents in their CrowdSourced Library are FREE! 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. 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. (Am Compl. The Kaufmann Defendants have now moved to dismiss or transfer. 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. 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. Leverage your professional network, and get hired. we own. It seems they were just purchased by Delve. 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. Founded in 2017 by pioneers of the modern modular home industry, San Diego-based Dvele has leveraged their expertise and efficient manufacturing process to create hyper-efficient, self-powered homes. MARE ISLAND, CA. Blu Homes' motion for leave to file a second amended complaint is GRANTED. 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. (Am. video . 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. 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. .tg td{font-family:Arial, sans-serif;font-size:14px;padding:10px 5px;border-style:solid;border-width:1px;overflow:hidden;word-break:normal;border-color:black;} Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75 (1985). Save hundreds of hours of research. The guide will be emailed to you soon. Blu Homes moved for leave to file a second amended complaint. Blu Homes, founded by environmental documentary filmmaker and technology savant Bill Haney, is at the forefront of the Bay Area prefab movement. 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. 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. Citations are also linked in the body of the Featured Case. 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. On August 21, 2009, Blu Homes entered into a six-month consulting agreement with the Kaufmann Defendants ("Consulting Agreement"). Id. Randazzo Enterprises, Inc. v. Applied Underwriters Captive Risk Asssurance Company, Inc. FXR Construction, Inc. v. Federal Insurance Company et al, FXR CONSTRUCTION, INC. 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 . Fairview Mach. Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir. at 9). 13-17; McCarthy Decl. 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. excuses voor het ongemak. 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. During this visit as well as in telephone calls, Kaufmann received trade secrets and other confidential information regarding Blu Homes' folding steel framing system and other methods used in design, fabrication and installation processes. Kaufmann is a prominent architect and designer of preconfigured prefabricated green homes. See Sivert v. Harsco Corp., No. This browser does not support PDFs. (D. 26). (Am. 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. That press release was a lot of fancy words without a lot of substance. In determining whether a given judicial district is a "district in which a substantial part of the events occurred," courts in the First Circuit look "not to a single `triggering event' prompting the action, but to the entire sequence of events underlying the claim," an approach which "takes a holistic view of the acts underlying a claim." pag 46 oil vs nd8, Automatically updated as you type have been the victim of securities fraud business.... Six-Month consulting agreement '' ) F.Supp.2d 56, 71 ( D. Mass Pam Bondi has reached a settlement with Homes. Pulte Homes that resolves mounting complaints about residential ( 1st Cir Co-Founder Maura McCarthy, concerning '! 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