directly arise[s] out of, or relate[s] to, the defendant's forum-state activities.'" . (Am. ¶ 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. ¶ 7), does not, without more, create a more unusual burden than faced by any other out-of-state Defendant. 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. Home Builders in Sanford, FL. Their catalog offers only a small selection of options, but they offer the infinite customization options that are becoming standard in the steel-frame world. Memo at 23, Def. United States District Court, D. Massachusetts.https://leagle.com/images/logo.png. 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. Even assuming the Kaufmann Defendants were third party beneficiaries of the APA, the APA does not apply to the instant dispute since it does not arise out of or relate to the APA. 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. We value your privacy. 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. This product may be hazardous to health and is intended for use by adult smokers. See the full leadership team at Craft. Reviews include each company’s strengths, weaknesses, pricing information, building history and of course, customer feedback. Whether you want to add a yoga studio, home office or a secondary rental unit, we have the solution. 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). ¶¶ 78-81), misappropriation of trade secrets and confidential information (Am. California-based builder Blu Homes is one pioneer of the new prefabricated home… Ticketmaster, 26 F.3d at 211. The warranty had everything I wanted in it. "Furthermore, we are not required to determine the best venue, merely a proper venue." With an eye towards customization, as well as affordability, California prefab manufacturer Blu Homes is changing that perception. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") We’ve watched their designs develop and evolve, as they moved operations from the East Coast to the… Green Canopy. It's a fairly new company, having launched in 2008, and is headquartered in Northern California. Blu Products faces a class action lawsuit over the sale of Android phones that sent consumers' private messages to companies in China Overall the value is reasonable and you won't get upset because knowing this makes you feel satisfied and amazed for the service they had given to you. Enjoy reading our tips and recommendations. This Old House 2014 Home of the Year. 28 U.S.C. P. 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." 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." Made in the bay Area, our homes are built in half the time of traditional custom homes. Astro-Med, 591 F.3d at 12 (quotations and citations omitted). Compl. Astro-Med, Inc. v. Nihon Kohden Am., Inc., 591 F.3d 1, 9 (1st Cir. United States v. Swiss Am. The major problem commonly taking place in most out of conventional houses is the cost of water relatively going up. 2005)) (further citation omitted). Blu Homes plans to expand to other regions soon. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." of Law, 142 F.3d at 34. But the Blu Farmhouse Mini requires just $700 … 7/20/11 at 20). Previous to Blu's current city of Side Lake, MN, Blu Martin lived in Chisholm MN and Belgrade MT. R. Civ. Hess, 27 Cal. 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. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. 2009). Memo at 20); rather, the Kaufmann Defendants knowingly availed themselves of the benefits of doing business in 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. Tanks for the rechargeable e-cig are sold in … 2011 WL 2698330, *3-4. Previous to Blu's current city of Side Lake, MN, Blu Martin lived in Chisholm MN and Belgrade MT. They are specialized in creating these nice and extraordinary homes for good customers. ¶ 20). 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. United States District Court, D. 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. 1999) (quotations and citations omitted). Even if relatedness and purposeful availment have been shown, the Court must still determine whether the exercise of personal jurisdiction is reasonable in light of the so-called "gestalt" factors: "(1) [the Kaufmann Defendants'] burden in appearing, (2) [Massachusetts'] interest in adjudicating the dispute, (3) [Blu Homes'] interest in obtaining convenient and effective relief, (4) the judicial system's interest in obtaining the most effective resolution of the controversy, and (5) the common interests of all sovereigns in promoting substantive social policies." . Founded in 2008, the company set out to radically revamp how luxury homes … ¶ 23). ¶¶ 87-92), fraudulent misrepresentation (Am. Blu Homes launches 16 new affordable prefab green home designs that are Net Zero Energy ready, including 3 new tiny homes. Home Builders in Sanford, FL. 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. (McCarthy Decl. at 8; Tr. ¶¶ 13-17; McCarthy Decl. Pursuant to an Asset Purchase Agreement ("APA") dated July 17, 2009, Blu Homes purchased all of the intellectual property assets of mkElements from Uecker in order to build and expand its business. ¶ 17). Compl. See more ideas about California living, Prefab, Prefab homes. 7/20/11 at 11). When considering whether to grant a motion pursuant to 28 U.S.C. Compl. 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. 28 U.S.C. 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. The parties also stated that they both hoped to develop a productive long-term business relationship. Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. And delivered to Northern California. A free digital product catalog can be ordered online, which includes photos, floor plans and information on building with Blu Homes. Blu Homes, Inc., Plaintiff, Buyers can order a modular home to their specifications for delivery throughout Northern California. 7/20/11 at 33-34). 5 Common Allegations Used in Home Healthcare Lawsuits Written on August 9, 2016 at 4:26 pm, by Michele Tran The demand for home health care businesses is growing – especially as baby boomers become part of … This company uses computers and 3D technology to create virtual, customized homes before building an actual house. Accordingly, venue is proper in this district. It was raining when they were trying to do the inspection. 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.” Join Dwell+ to Continue. The inspection took a little longer than what I wanted. ¶¶ 2, 9, 24). 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. 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." 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. 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