blu homes lawsuit
Other executives include Gary Martell, CFO; Kaitlin Haggerty, COO. Tekdōm builds modular and eco-efficient prefab housing. Blu Homes launches 16 new affordable prefab green home designs that are Net Zero Energy ready, including 3 new tiny homes. ¶ 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. See Sivert v. Harsco Corp., No. 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. P. 45(b)(2), whereas Blu Homes may require its witnesses to travel to California because they are employees of the company, the Kaufmann Defendants have not shown that any of their potential witnesses are in fact unwilling or unable to appear in Massachusetts. Corp., 243 F.3d 57, 71-72 (1st Cir. Opp. 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. 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. Blu Homes enables users to design modern, green, precision-built, modular prefab houses online. The warranty had everything I wanted in it. Compl. Astro-Med, 591 F.3d at 12 (quotations and citations omitted). 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. 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. Compl. 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. Made in the bay Area, our homes are built in half the time of traditional custom homes. Shop for home theater system blu-ray 3d 4k at Best Buy. Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. at 524 (citation omitted). 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). (McCarthy Decl. Skip to Article. Id. But the Blu Farmhouse Mini requires just $700 … Other executives include Gary Martell, CFO; Kaitlin Haggerty, COO. The inquiry under this prong "focuses on the defendant's intentionality" and "is only satisfied when the defendant purposefully and voluntarily directs his activities toward the forum so that he should expect, by virtue of the benefit he receives, to be subject to the court's jurisdiction based on these contacts." The study revealed prefabricated homes had less impact on the environment and could be built better and faster in a quality-controlled warehouse. R. Civ. We compare Blu Homes vs. (Pl. (D. 1). 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 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." 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Compl. They were very reliable and they showed up and time and got things done the way I wanted and didn't try to make me pay for more than I wanted to. Blu Homes has 16 home options with 116 layouts, totaling over 20,000 possible combinations for you to have a fully customizable modular home. Defendants Kaufmann, Michelle Kaufmann Studio and Michelle Kaufmann Studios, Inc.1 ("the Kaufmann Defendants") now move to dismiss the first amended complaint for lack of personal jurisdiction and improper venue or, in the alternative, to transfer this case pursuant to 28 U.S.C. Haney started Blu Homes in 2008 and is now executive chairman. Kleinerman v. Luxtron Corp., 107 F.Supp.2d 122, 125 (D. Mass. BLU Products, founded in 2009, designs and manufacturers affordable, unlocked Android devices to suit a wide variety of consumer needs. 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. Under this standard, the Court will look to the facts alleged in the pleadings and the parties' supplemental filings, including affidavits. Shortly thereafter, the business relationship between Blu Homes and Kaufmann deteriorated and Kaufmann launched new projects. Accordingly, Blu Homes' motion for leave to amend is GRANTED. Kaufmann and Blu Homes' designers exchanged hundreds of emails to accomplish their work together and Kaufmann sent her work product to them in Massachusetts. Shop our award-winning E-cigs, vape starter kits & range of delicious e-liquid flavors today. 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. It was raining when they were trying to do the inspection. We just got the garage, but the homes are beautiful and seem to be made with high quality. 2002). . Green Canopy. Set Weather. For work these days, Blu is a Principal at Blustone LLC. Memo 23-24; Kaufmann Aff. Two Fort Myers Beach residents have taken their fight to state court to restore direct beach access behind their homes. Blu Homes is seeking leave to amend in the early stages of this litigation; no discovery schedule or trial date has yet been set. at 8; Tr. (McCarthy Decl. 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." 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