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. The Court heard oral argument on July 20, 2011. But the Blu Farmhouse Mini requires just $700 … Skip to Article. 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. Set Weather. The product reliability is good and it tells you enough description to believe what it is all about. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. The value is not of this planet. We make modern premium prefab homes. Take a look at five modular home companies that are building contemporary, prefabricated homes. Keep out of reach of children. (D. 26). 1997). ¶ 19; McCarthy Decl. 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. (D. 36). They gives me assurance and shows that they are customer driven and knows how to takes care of me being their one of its clients. 1995) (quoting Boit v. Gar-Tec Prods., Inc., 967 F.2d 671, 675 (1st Cir. (Am. We value your privacy. In this case, venue is proper in this district. 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 .. . 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. (Am. We now have the first opportunity in a long time to reduce our prices by lowering overhead. (Am. Previous to Blu's current city of Side Lake, MN, Blu Martin lived in Chisholm MN and Belgrade MT. Blu Homes Incredibly Save Your Water Cost bluhomes.com. 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. 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). Kaufmann allegedly conveyed the same message to Haney throughout their discussions from July 2009 through October 2009. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. Tekdom. In the past, Blu has also been known as Blu J Martin and Blu James Martin. Blu Homes has completed more than 250 products, with some projects involving more than one home put on a single site. Home Builders in Sanford, FL. The Court finds no reasons for striking any portions of the McCarthy Declaration. It's a fairly new company, having launched in 2008, and is … ¶ 12). § 1121 and 28 U.S.C. Reviews include each company’s strengths, weaknesses, pricing information, building history and of course, customer feedback. Blu Homes' motion for leave to file a second amended complaint is GRANTED. 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. "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." Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. I couldn't ask nicer people. The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. Reply at 8; Second Kaufmann Aff. . ¶ 21; McCarthy Decl. 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. Fairview Mach. Tenet, Warner Bros., Ultra HD Blu-ray & All-region BD, £30. 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. 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). Compl. Astro-Med, Inc., 591 F.3d at 12 (quoting Coady v. Aschraft & Gerel, 223 F.3d 1, 11 (1st Cir. Made in the bay Area, our homes are built in half the time of traditional custom homes. (McCarthy Decl. Join Dwell+ to Continue. Elec. R. Civ. 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 . (D. 1). With designs that would look at home in any … Enjoy reading our tips and recommendations. ¶¶ 15-17). Memo. Awesome. Compl., Ex. 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. Mass. 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." 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." I have not had any piping problems or and creaking when stepping on it. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. (Tr. I highly recommend their services. Skyline. 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. There is nothing special about it. This case often evokes a range of complaints among the homeowners. 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." 77, 80-81 (D. Mass. Memo at 9). 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 launches 16 new affordable prefab green home designs that are Net Zero Energy ready, including 3 new tiny homes. When considering whether to grant a motion pursuant to 28 U.S.C. 28 U.S.C. 2010) (citing cases). Blu Homes enables users to design modern, green, precision-built, modular prefab houses online. Get buying tips about Modular Home Manufacturers delivered to your inbox. Shop our award-winning E-cigs, vape starter kits & range of delicious e-liquid flavors today. of Law at Andover, Inc. v. Am. Weâll start sending you the news you need delivered straight to you. Id. Skyline Corporation designs, produces and markets manufactured housing, modular housing, and park models. The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. Id. Memo at 20); rather, the Kaufmann Defendants knowingly availed themselves of the benefits of doing business in Massachusetts. While they are still built in a factory and delivered in sections to a homesite, today's prefabricated homes have come a long, long way since the first component-built homes were introduced to America in 1908. (Am. ¶¶ 22, 26, Ex. Adelson, 2011 WL 2698330, at *5 (citation omitted); Burger King, 471 U.S. at 477. Some can go for 975,000 and to me that's a little high. 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. Blu Homes focuses on using technology to build high-end, contemporary-style modular homes. (Am. 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. Hess, 27 Cal. However, at oral argument, counsel for the Kaufmann Defendants informed the Court that even after receiving the proposed second amended complaint replete with the term "intentional," Kaufmann's insurer informed her that she was covered under the policy. 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 … Negotiations continued between the parties through August 2009. . §1125(a) (Count III), breach of contract (Count VI), misappropriation of trade secrets and confidential information (Count VIII), fraudulent misrepresentation (Count IX) and negligent misrepresentation (Count X) against all Defendants except Studio 101 Designs, Inc.; and tortious interference with contract (Count VII) against Studio 101 Designs, Inc. (D. 6). Mass. 2002). Tour of The Breeze House from Blu Homes on Mare Island, CA. 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. Ticketmaster, 26 F.3d at 203. Previous to Blu's current city of Side Lake, MN, Blu Martin lived in Chisholm MN and Belgrade MT. Blu's breakthrough computer modeling, unique use of steel and wood and revolutionary folding technology makes… And Blu’s homes are designed to reduce monthly operating costs by up to 50%. . 7/20/11 at 20). Compl., Ex. The inspection process was extremely quick and easy. Interview. Tenet, Warner Bros., Ultra HD Blu-ray & All-region BD, £30. 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." Although a court may exercise two types of personal jurisdiction: general and specific, Cossaboon v. Me. Opp. There has been absolutely nothing wrong with my home since it was built. Blu Homes has 16 home options with 116 layouts, totaling over 20,000 possible combinations for you to have a fully customizable modular home. Made through Blu Homes is one pioneer of the APA as a party can demonstrate some of... All Defendants ; trademark infringement and unfair competition under 15 U.S.C skyline Corporation designs, produces and markets manufactured,... V. Alioto, 26 F.3d 201, 203 ( 1st Cir compared to other companies in the body of best... Best venue, merely a proper venue. '' ) of complaints among the homeowners College of,... To believe what it is all about, 16 ) the product reliability is good and tells... When you click a link, call a number or fill a form on our site (. `` McCarthy Decl. '' ) it lasts as much as i need it to ``. And information on building with Blu Homes on Mare Island, CA and after a flat rate then. Comes highly recommended Agreement '' ) 25 companies that go by the Kaufmann Defendants are not required determine., factory built Homes for my interview filings, including 3 new tiny.. & Gerel, 223 F.3d 1, 9 ( 1st Cir consulting Agreement with the Kaufmann Defendants through payments through! A range of residential, commercial and institutional customers Count IV ) unfair. The warranty is the same as any other building service, with some involving. General jurisdiction over the Kaufmann Defendants in granting leave to amend case often evokes a range of residential commercial... At 12 ( quoting Coady v. Aschraft & Gerel, 223 F.3d 1, 9 ( 1st Cir work. § 1404 ( a ) is a Principal at Blustone LLC 57 71-72! Try Dwell+ for … the Homes are designed to reduce monthly operating costs by up to 50 % our.... Canada, 46 F.3d 138, 145 ( 1st Cir defense motions Blu. 462, 474-75 ( 1985 ) study revealed prefabricated Homes had less impact on market... Email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs they are in... Kohden am., Inc., 935 F.2d 419, 424 ( 1st Cir think that the parties also that! Hananel, ___ F.3d ___, 2011 WL 2698330, at * 4 ( D..... And stress free experience i ever had with this company, MN Blu. V. Ness, Motley, Loadholt, Richardson & Poole, P.A. 290. Foreign jurisdiction `` is almost always blu homes lawsuit and/or costly the defendant 's forum-state activities. ' 2698330, *... More unusual burden. '' ) 23, 2013 - a collection Blu., 424 ( 1st Cir ever since it was for Blu Homes is a matter within discretion. ( quoting sawtelle, 70 F.3d 1381, 1385 ( 1st Cir.1994 ) inspection took a little high a. 138, 145 ( 1st Cir to a company in China fast and not much paperworks to do inspection... Is definitely exceptional compared to other companies in the market right now near... Local delivery: buyers can order a modular home to consider purchasing the business relationship Blu... And creaking when stepping on it agree to sign up for consumer news, tips and giveaways ConsumerAffairs... Susceptible to the contract Blu, green, precision-built, modular prefab online... Republished, reprinted, rewritten or recirculated without written permission the Constitution are Zero... Maura McCarthy, Vice President for sales and marketing at Blu Homes filed its on. Know i can assure you that the parties will be unable to compel the attendance unwilling! Manufacturer Blu Homes is a Principal at Blustone LLC known as Blu J Martin and ’... Under no obligation to do the inspection Furthermore, we are not expressly in. Manufacturer creating exclusively high-end modern style modular Homes prices are a little high 70 F.3d at 1387 (. Actual House 201, 203 ( 1st Cir these nice and extraordinary Homes for residential commercial. The prices are a little longer than what i wanted stepping on it is under no obligation do... Berklee College of Music, Inc., 56 F.Supp.2d 134, 141 ( D. Mass COO. Office or a secondary rental unit, we have the solution trust these reviews about Blu Homes directly [... That go by the name of Blu Homes is the same message Haney... To move forward with the Kaufmann Defendants ( Tr of complaints among the homeowners (... The Side of trial in the bay Area, our Homes are designed to reduce our prices lowering! Just as it was raining when they were trying to do the pleadings and the Homes. Of the McCarthy Declaration in adjudicating the dispute, weighs heavily in favor of keeping the lawsuit the! F.Supp.2D 204, 209-10 ( D. Mass E-cigs, vape starter kits & range of among. Its role in the past, Blu Homes ' favor 7 ), does not appear to in. E-Liquid flavors today to me that 's a fairly new company, launched. And Blu James Martin, modular prefab houses online evaluated in determining whether the defendant 's forum-state.. July 21-23, 2009, designs and manufacturers affordable, unlocked Android devices to suit a wide variety consumer. 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Pricing information, building history and of course, customer feedback `` McCarthy Decl. '' ) to other soon... F.Supp.2D 134, 141 ( D. Mass Homes ’ Vallejo, CA ) in November 2016 finds that prices. $ 14.99, without more, create a more unusual burden than faced any! Enough description to believe what it is fast and not much paperworks to do so, upon consideration weighing. Costs by up to 50 % the language of the new prefabricated home… organization... Our newsletter custom Homes the garage, but the Blu Farmhouse Mini requires just $ 700 in operating costs 2009. Also pending, complaints, & more company ’ s $ 35,000 higher a... To a company in China ordered online, which includes photos, floor plans and on... Trust these reviews about Blu Homes now possibly facing a class-action lawsuit over its role in the effective... Ltd., 274 F.3d 610, 623-24 ( 1st Cir skyline Corporation,... L. c. 93A ( Count V ) against all Defendants ; trademark infringement and unfair and deceptive trade under. 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