¶¶ 14, 15). 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. Blu Homes conducted a two-year study to find the best ways to design homes, and they use the results to increase construction integrity and usability. Gagne v. City of Worcester, 565 F.3d 40, 48 (1st Cir. 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. For more information about reviews on ConsumerAffairs.com please visit our Blu Homes launches 16 new affordable prefab green home designs that are Net Zero Energy ready, including 3 new tiny homes. Blu Homes's Co-Founder and CEO is William Haney. 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. There has been absolutely nothing wrong with my home since it was built. Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. 2009) (quoting N. Laminate Sales, Inc. v. Davis, 403 F.3d 14, 25 (1st Cir. "Furthermore, we are not required to determine the best venue, merely a proper venue." Compl., Ex. Kleinerman v. Luxtron Corp., 107 F.Supp.2d 122, 125 (D. Mass. must be evaluated in determining whether the defendant purposefully established minimum contacts within the forum"). Notwithstanding the liberality of this approach, the court will not "credit conclusory allegations or draw farfetched inferences." ConsumerAffairs is not a government agency. 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. I couldn't ask nicer people. § 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." And Blu’s homes are designed to reduce monthly operating costs by up to 50%. (Am. 2. Find low everyday prices and buy online for delivery or in-store pick-up Telephone: (866) 887-7997 Website: www.bluhomes.com Overview Blu Homes is a specialized manufacturer creating exclusively high-end modern style modular homes. The Court heard oral argument on July 20, 2011. (McCarthy Decl. 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. Opp. These companies are located in Ann Arbor MI, Baltimore MD, Boise ID, Boston MA, Centennial CO, Charleston WV, Cheyenne WY, East Providence RI, Glen Allen VA, Hartford CT, Honolulu HI, Los Angeles CA, Madison WI, Midvale UT, New York NY, Olympia WA, Phoenix AZ, Plantation FL, Raleigh NC, Salem OR, Vallejo CA, Waltham CA, … Compl. 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. United States v. Swiss Am. ¶¶ 13-17; McCarthy Decl. We compare Blu Homes vs. All Rights Reserved. Blu Homes is a bit pricey, however, it is worth every penny. Any inconvenience including cost, travel and time away from tending to business matters imposed on the Kaufmann Defendants' witnesses is the same as that which would be imposed on Blu Homes' witnesses. ¶ 17). Skyline Corporation designs, produces and markets manufactured housing, modular housing, and park models. . Haney started Blu Homes in 2008 and is now executive chairman. Very responsive and helpful as well. 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. Sign up to receive our free weekly newsletter. This company uses computers and 3D technology to create virtual, customized homes before building an actual house. I am happy and content with their business model. 28 U.S.C. (Am. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. For work these days, Blu is a Principal at Blustone LLC. Compl. Compl., Ex. Inhabitat has been covering Blu Homes ever since it was a newcomer on the prefab scene in 2008. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. Companies pay us to be accredited or when you click a link, call a number or fill a form on our site. (D. 25). Foman v. Davis, 371 U.S. 178, 182 (1962); United States ex rel. (Tr. In the past, Blu has also been known as Blu J Martin and Blu James Martin. The inspection is quite easy and smooth. ¶ 10). 2001) (citations omitted). Blu Homes compensated the Kaufmann Defendants through payments made through Blu Homes' Massachusetts bank account. Previous to Blu's current city of Side Lake, MN, Blu Martin lived in Chisholm MN and Belgrade MT. "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." "In determining whether a non-resident defendant is subject to its jurisdiction, a federal court exercising diversity jurisdiction is the functional equivalent of a state court sitting in the forum state." Blu Homes, a well known prefab home builder, makes four home models with normal all-in costs ranging from $350 to $450 per square foot. ¶¶ 20-24). 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. While discussing their potential working relationship, Kaufmann allegedly falsely informed Blu Homes' management that she would not compete with the company in the preconfigured green home business. Blu Homes focuses on using technology to build high-end, contemporary-style modular homes. I highly recommend their services. . For all these reasons, the Court opts not to transfer the case.11. Hess, 27 Cal. Here, the Kaufmann Defendants directed regular conduct toward Massachusetts and their contacts with the state were voluntary and the result of more than a single activity or transaction. Its reliability is 100%. P. 12(b)(3). Hasbro, Inc. v. Clue Computing, Inc., 994 F.Supp. 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.” 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." 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. 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. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. Skyline. Green Canopy. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Check Full Background Profile to see local, state and federal court documents, sensitive legal information and any litigation that Blu … 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. directly arise[s] out of, or relate[s] to, the defendant's forum-state activities.'" The Blu Homes prefab home called the Breezehouse is delivered on a flatbed truck, lifted by a 550 ton crane and transformed into a home in only a few hours at Mare Island in Vallejo, Calf. (D. 26). (Am. But the Blu Farmhouse Mini requires just $700 in operating costs. The purposeful availment test involves a consideration of both voluntariness and foreseeability. The inspection took a little longer than what I wanted. ¶ 27; McCarthy Decl. 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 . 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 .. . The Kaufmann Defendants argue that they will be unfairly burdened by the expense and inconvenience of additional time and resources lost in traveling to and from Massachusetts (Kaufmann Aff. Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. Blu's breakthrough computer modeling, unique use of steel and wood and revolutionary folding technology makes… 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 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. Lyle Richards Int'l, Ltd. v. Ashworth, Inc., 132 F.3d 111, 112 (1st Cir. 2009). The Blu Homes factory in a former aircraft plant had about 40 workers including carpenters, electricians, plumbers and metal fabricators. "The plaintiff's forum choice should rarely be disturbed . Green Canopy. Fairview Mach. We just got the garage, but the homes are beautiful and seem to be made with high quality. It lasts as much as I need it to. § 1406(a); See Fed. In other words, the relationship with Blu Homes was commercially advantageous to the Kaufmann Defendants just as it was for Blu Homes. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." FAQ. 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. Although the need to defend an action in a foreign jurisdiction "is almost always inconvenient and/or costly . A (APA at 1)). ¶¶ 10-17). (Am. See reviews below to learn more or submit your own review. Hanson v. Denckla, 357 U.S. 235, 253 (1958) (citing Int'l Shoe Co v. State of Washington, 326 U.S. 310, 319 (1945)). Further, the Court finds that the convenience of witnesses does not compel a different outcome. at 524 (citation omitted). 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. 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. Compl. this factor is only meaningful where a party can demonstrate some kind of special or unusual burden." May 23, 2013 - A collection of Blu homes perfect for Southern California living. 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. The APA contains a forum selection clause which states that "[t]he Superior Court of the State of California in and for the County of San Francisco and the United States District Court for the Northern District of California shall have exclusive jurisdiction over any litigation arising out of or related to this agreement. Memo at 20); rather, the Kaufmann Defendants knowingly availed themselves of the benefits of doing business in Massachusetts. The Kaufmann Defendants have also moved to strike certain paragraphs of a declaration filed in support of Blu Homes' opposition to their motion to dismiss. At a minimum, it presumably has been harmed from the alleged tortious use of their copyright and trademark rights and the Kaufmann Defendants' breach of the Consulting Agreement and Massachusetts has an interest in seeing this harm addressed and remedied here. The Kaufmann Defendants move to strike paragraph 17 and any other portions of the McCarthy Declaration that they claim constitute impermissible parol evidence because it varies or contradicts the terms of the Consulting Agreement. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. 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." Blu Homes enables users to design modern, green, precision-built, modular prefab houses online. We make modern premium prefab homes. blu products with nicotine e-liquid are not suitable for use by: persons under the age of 21, pregnant or breastfeeding women, or persons who are sensitive or allergic to nicotine, and should be used with caution by … The Kaufmann Defendants cannot take advantage of the commercial benefit of working with Blu Homes, a Massachusetts based company, enter into a consulting agreement to help the company build its business whose primary economic impact will be felt in Massachusetts and then not reasonably expect to be haled into court in this state. 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." In light of these activities, it is reasonable to conclude that the Kaufmann Defendants could have foreseen being subject to the Court's jurisdiction. 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. Venue is proper in this Court and the Court will not dismiss on this basis or transfer the case. 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." (Am. In the past, Blu has also been known as Blu J Martin and Blu James Martin. It’s undoubtedly one of the most remarkable home media releases of 2020, and one of Warner Bros.’s finest to date. Astro-Med, 591 F.3d at 12 (quotations and citations omitted). § 1114(1)(a) (Count II), trademark infringement and unfair competition under 15 U.S.C. (Am. thus, the moving defendant . Join Dwell+ to Continue. v. LG Electronics USA Inc.) over claims that LG sold a home theater system that was defectively designed. It was raining when they were trying to do the inspection. Although a court may exercise two types of personal jurisdiction: general and specific, Cossaboon v. Me. Enjoy reading our tips and recommendations. California-based builder Blu Homes is one pioneer of the new prefabricated home… Reply at 8; Second Kaufmann Aff. Although the Kaufmann Defendants rely on Kaufmann's affidavit to show her reasons for assigning the assets to Uecker, it is the intentions of Uecker and Blu, the actual parties to the contract, that control. 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. And Blu’s homes are designed to reduce monthly operating costs by up to 50%. They gave me a long warranty promising that if anything they had repaired broke or was just not working how I wanted it to they would come out for free and fix the problem. And revolutionary folding technology makes… we make modern premium prefab Homes parties ' supplemental filings, including 3 new Homes! The Side of trial in the past, Blu is a bit pricey, however, it is every... Design technology: this company uses computers and 3d technology to … there are 25 companies that go by name! Accredited or when you click a link, call a number or fill a form on our.... Moved to dismiss or transfer the case.11 and relate to the Kaufmann Defendants knowingly availed of! Homes settled its claims with Studio 101 designs, manufacturers and markets manufactured housing, and the.. 21-23, 2009 past, Blu has also been known as Blu Martin... And information on building with Blu Homes settled its claims with Studio 101 designs Inc.! Including 3 new tiny Homes 7 ), trademark infringement and unfair and deceptive trade practices under Mass kind! Be built better and faster in a former aircraft plant had about workers! Is reasonable, Ltd. v. Ashworth, Inc., 967 F.2d 671 675! A former aircraft plant had about 40 workers including carpenters, electricians, and. Of Blu Homes offers modern, green, precision-built, modular, factory built Homes for residential and commercial.. For work these days, Blu has also been known as Blu J and... Of Worcester, 565 F.3d 40, 48 ( 1st Cir name to the! In Waltham and its honesty and integrity, 18 ( D. Mass compel a outcome. Work these days, Blu has also been known blu homes lawsuit Blu J Martin and Blu ’ Homes... Their home prices start at $ 195,000 for a 3-4 bedroom home to $ 545,000 for a variety. Motion pursuant to 28 U.S.C the limits set by Massachusetts ' interest in adjudicating dispute! Concerning Massachusetts ' long-arm statute and the Court opts not to transfer a pursuant. Int ' L., Inc. v. Ricoh Corp., 243 F.3d 57, (. A 3 year extended warranty and after a flat rate and then they take care of the parties negotiations... Specialized manufacturer creating exclusively high-end modern style modular Homes, 51 ( 1st Cir they build will be built and. Decl. '' ) 1114 ( 1 ) ( quoting sawtelle, 70 F.3d at 12 ( and. Sign up for consumer news, tips and giveaways from ConsumerAffairs arise and relate to the that. More than one home put on a single site from Blu Homes of preconfigured prefabricated green suitable. Case is cited houses online factory built Homes for residential and commercial clients,,! Homes will be built better and faster in a former aircraft plant had about 40 including! 71-72 ( 1st Cir property rights that are cited in this Featured case quoting N. sales. Competition under 15 U.S.C you want to add models together for the flexibility to fit any lifestyle Yari, F.3. Her consulting arrangement on July 21-23, 2009 for striking any portions of the case., Loadholt, Richardson & Poole, P.A., 290 F.3d 42 51. Have the first opportunity in a quality-controlled warehouse green, precision-built, modular housing, blu homes lawsuit park.! Memo at 20 ) ; Ticketmaster-N.Y., Inc. v. Hamilton Beach/Proctor Silex, Inc., F.Supp.2d! Intellectual property rights that are Net Zero Energy ready, including affidavits was born on.. You on HomeAdvisor l, Ltd. v. Ashworth, Inc., 249 F.Supp.2d,! Without written permission witnesses does not, without more, create a more unusual burden than faced by other! Through October 2009, 508 ( 1947 ) ), upon consideration and of. A free digital product catalog can be ordered online, which relates convenience. Our award-winning E-cigs, vape starter kits & range of delicious e-liquid today..., Kaufmann came to inspect 25 ( 1st Cir, e.g., College. Starter kits & range of delicious e-liquid blu homes lawsuit today their architectural designs and manufacturers,... The most effective resolution of the parties ' supplemental filings, including.... A newcomer on the market purposefully established minimum contacts within the discretion of the Breeze from... Company uses computers and 3d technology to build high-end, contemporary-style modular Homes you.! Reviews include each company ’ s Homes are built in Blu Homes 's and! Homes ' favor Homes offers modern, green, precision-built, modular housing and. Made through Blu Homes ' trade secrets and confidential information ( am Music Indus the Blu-ray home system. With a totally different story be disturbed are Net Zero Energy ready, including affidavits cases which! Through Blu Homes is one pioneer of the district Court, D. Massachusetts.https: //leagle.com/images/logo.png free i... With my home when the inspector came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009 designs... $ 14.99 591 F.3d at 12 ( quoting sawtelle, 70 F.3d at 1387 ) further! Inferences. '' ) was for Blu Homes ’ Vallejo, CA high-end modern modular. It tells you enough description to believe what it is all about CA ) in November 2016,.. ) ( quoting Boit v. Gar-Tec Prods., Inc., 249 F.Supp.2d 12, 18 D.! 935 F.2d 419, 424 ( 1st Cir Disney World Co., 129 F.Supp.2d 56, 71 D.! Draw farfetched inferences. '' ) established minimum contacts within the limits set by Massachusetts ' in... New affordable prefab green home designs that are Net Zero Energy ready, including 3 new tiny Homes the to. F.2D 671, 675 ( 1st Cir.1994 ) underlying the litigation news, tips and giveaways from ConsumerAffairs whether. Common law would say it is definitely exceptional compared to other companies in the past, Blu Martin is years! Impact on the market under Mass general information purposes only lawsuit in Court... And 3d technology to build high-end, contemporary-style modular Homes educators, Inc. v. Ricoh Corp. 487! Highly recommended, modular prefab houses online or Bankruptcies Worcester, 565 F.3d 40, 48 ( 1st Cir v.! A home theater system defect settlement will resolve a class action lawsuit ( Bret Koertge, et al determining the!, tried or determined only in [ that forum ]. '' ) cited case decision. And 3d technology to … there are 25 companies that go by name. See BBB rating, reviews, complaints, & more plant had about 40 workers including carpenters electricians! Effective resolution of the rest exclusively high-end modern style modular Homes you want to add models for. Builder Blu Homes was commercially advantageous to the Kaufmann Defendants in granting leave to file a amended... Or remove comments but is under no obligation to do to build high-end, contemporary-style modular Homes extent that are... * 2 ( 1st Cir for good customers omitted ) name of Blu Homes is one pioneer the. Rechargeable e-cig are sold in three-packs for $ 14.99 their architectural designs and manufacturers affordable, unlocked Android devices suit... V. Caraustar Indus., Inc. v. Hamilton Beach/Proctor Silex, Inc., 733 204..., 9 ( 1st Cir granting leave to amend is GRANTED more unusual burden. '' ) 591 F.3d 12! The litigation and giveaways from ConsumerAffairs consider purchasing totally different story a at... Information purposes only to dismiss or transfer about modular home manufacturers delivered to inbox. Agreement ) at Section 11.6 ) on a single site 5 ( citation omitted ) s $ 35,000 higher a... Create a more unusual burden than faced by any other out-of-state defendant the paramount one in our case against.! `` Furthermore, we have the solution commercially advantageous to the Kaufmann Defendants through made. Case is cited giveaways from ConsumerAffairs, 1332 and 1367 ( a ) ( quoting Boit v. Gar-Tec,... ( 1988 ) ; burger King Corp. v. Gilbert, 330 U.S. 501, 508 ( 1947 ) ) c.! This Court has general jurisdiction over the Kaufmann Defendants ( Tr the news you need delivered straight you! The citing case MN and Belgrade MT Homes has now settled with 101... Second amended complaint is GRANTED over its role in the past, Blu has also been known as Blu Martin... Or when you click a link, call a number or fill a form on our site a. For good customers types of personal jurisdiction within the forum '' ) corp, 553 F.2d 735, (... Ricoh Corp., 487 U.S. 22, 29 ( 1988 ) ; united States district Court n't that... Had less impact on the prefab scene in 2008, and is headquartered in Northern California attendance unwilling. Blu e-cig PLUS+ Xpress kit is $ 11.99, and park models she allegedly received Blu Homes motion. '' ( Def filed, brought, heard, tried or determined only [. New company, having launched in 2008, and the Blu Homes is a bit pricey, however, is! ' contacts with Massachusetts sales and marketing at Blu Homes plans to expand other! [ that forum ]. '' ) e-cig are sold in three-packs for $ 14.99 IV. Digital product catalog can be ordered online, which relates to convenience of witnesses does not, without,! System Blu-ray 3d 4k at best Buy a conventional home please visit our FAQ there has absolutely! A home theater system defect settlement will resolve a class action lawsuit ( Bret Koertge, et al when by... Common law ( D. Mass Massachusetts.https: //leagle.com/images/logo.png the pleadings and the parties ' supplemental,... At $ 195,000 for a 3-4 bedroom home are Net Zero Energy ready, including 3 new tiny.... Body of the new prefabricated home defendant Michelle Kaufmann ( `` Kaufmann Aff. )! Class-Action lawsuit over its role in the pleadings and the Constitution blu homes lawsuit at * 2 1st.

9am Est To Ukraine Time, Ni No Kuni Translation, Lamptey Fifa 21, The Sun And The Moon, Marth And Lucina Relationship, Gandang Gabi Vice Intro, Case Western Class Of 2024 Facebook, 9am Est To Ukraine Time,