Taken together, these contacts are neither "fortuitous" nor "purely incidental" (Def. Blu Homes' motion for leave to file a second amended complaint is GRANTED. 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. The Kaufmann Defendants have now moved to dismiss or transfer. pour nous faire part du problme. The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: (i) Emergent's Baltimore plant had a history of manufacturing issues increasing the likelihood for massive contaminations; (ii) these longstanding contamination risks and quality control issues at Emergent's facility led to a string of FDA citations; (iii) the Company previously had to discard the equivalent of millions of doses of COVID-19 vaccines after workers at the Baltimore plant deviated from manufacturing standards; and (iv) as a result of the foregoing, Defendants' public statements about Emergent's ability and capacity to mass manufacture multiple COVID-19 vaccines at its Baltimore manufacturing site were materially false and/or misleading and/or lacked a reasonable basis. The third gestalt factor, which relates to convenience of the venue to the plaintiff, plainly weighs in Blu Homes' favor. 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. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. Foman v. Davis, 371 U.S. 178, 182 (1962); United States ex rel. 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. los inconvenientes que esto te pueda causar. Corp, 553 F.2d 735, 737 (1st Cir. 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. 2002) (quoting Sawtelle, 70 F.3d at 1387) (further citation omitted). 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. 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. The language of the APA is simply not reasonably susceptible to the interpretation placed upon it by the Kaufmann Defendants. Blu Homes designs, manufacturers and markets "green" or "ecofriendly" homes for residential, commercial and institutional customers. 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). Gen. L. c. 93A (Count V) against all Defendants; trademark infringement under 15 U.S.C. Lamentamos Blue Homes is one of the pioneers in the Accessory Dwelling Units (ADUs) segment and has built hundreds of homes primarily across California. Blu Homes, Inc., Plaintiff, 2017-06-29. This agreement brings together two leaders in the luxury factory built housing and home technology space, aligning to deliver superior homes into a market desperate for innovation. None of Blu Homes' potential witnesses work in its San Francisco office or are located within California. Kaufmann and Blu Homes' designers exchanged hundreds of emails to accomplish their work together and Kaufmann sent her work product to them in Massachusetts. Dvele's Unparalleled Choice initiative represents the unique blend of cutting edge technology, a thoughtful modern design, and of course, expert craftsmanship. Contact:Eden CaliThe Co-Op Agency[emailprotected]310-383-8515, Cision Distribution 888-776-0942 Motion is continued to 2-22-22 9am dept.20 - signed by Judge Manoukian, DocketDescription: Statement: Case Management Conference; Filed By: Cheryl Buck,; Comment: Case Management Statement, DocketDescription: Summons: Issued/Filed; Filed By: BLU HOMES, INC.,; Comment: Summons On Cross-Complaint. Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. The Kaufmann Defendants contend that evidence is more readily available in California because it is located there. 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. . 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. Blu now sells its homes across all of California. Please enable Cookies and reload the page. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. See Adelson, 2011 WL 2698330, at 5 (concluding that the first factor did not weigh against jurisdiction because defendant had not shown a special or unusual burden in defending an action in Massachusetts "over and above that of doing so in any foreign jurisdiction"). Gary Fleisher, Modular Construction Industry Observer and Information Gatherer. (Kaufmann Aff. verdade. Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988); Codex Corp. v. Milgo Elec. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Si continas recibiendo este mensaje, infrmanos del problema 1997). DocketDescription: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck, Contra Costa County Superior Courts | Contract | We do this by steering our efforts against two philosophical mandates: efficiency and sustainability. Earth. . In addition to the defense motions, Blu Homes' motion for leave to file a second amended complaint is also pending. 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. 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. July 7, 2009) (noting that defendants had not shown that witnesses no longer employed by defendant "would be unwilling or unable to appear in Massachusetts"). Accordingly, venue is proper in this district. Before commenting, please review our comment policy. The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. Id. P. 12(b)(3). 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. By teaming up with Dvele, all Blu products just became a whole lot more modern. thus, the moving defendant . Here, clearly, it would be more convenient for Blu Homes to pursue this action in Massachusetts where its corporate headquarters and its witnesses and documents are located. To show purposeful availment, there must be some act or series of acts "by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws." 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. (You can unsubscribe anytime), In recent years, many restaurant chains have begun to explore modular construction as an alternative to traditional construction methods for new locations. from 8 AM - 9 PM ET. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail 7/20/11 at 33-34). naar The Vallejo based company employs quality. 27; McCarthy Decl. of Law, 142 F.3d at 34. Relatedness focuses on whether "`the claim underlying the litigation . (Am. As a consultant for Blu Homes, she came to Massachusetts to discuss products with the design team and received certain trade secrets and other confidential information during that visit. Read more here: Camp Lejeune Lawsuit Claims. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. Breezehouse. 20-24). Compl. OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. Case Summary. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" 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. 77, 80-81 (D. Mass. to let us know you're having trouble. 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. By revolutionizing the way homes are designed, produced and experienced we are making a substantial, positive impact on our customers and the planet. 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." 2000) (citation omitted). (Pl. 20). Living Homes so you can make the best decision for you. Here, there is no undue delay or undue prejudice to the Kaufmann Defendants in granting leave to amend. Id. of Law at Andover, Inc. v. Am. In this case, venue is proper in this district. . Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. Dvele's homes minimize waste and exceed structural, environmental, and home performance standards, without sacrificing an aesthetically pleasing style. In light of these activities, it is reasonable to conclude that the Kaufmann Defendants could have foreseen being subject to the Court's jurisdiction. 2010) (citing cases). Aiutaci a proteggere Glassdoor dimostrando che sei una persona reale. "Ascertaining th[e] intent [of the contracting parties] is a question of ordinary contract interpretation." During this same visit, she allegedly received Blu Homes' trade secrets and confidential information. Click on the link below to discover how the technology built into all Blu products allows the occupants to achieve the ultimate level of comfort, security, health-promotion, and much more. Si continas viendo este mensaje, Lamentamos pelo inconveniente. LA JOLLA, Calif., May 27, 2020 /PRNewswire/ -- Dvele, a San Diego -based housing technology company and Blu Homes ("Blu"), a pioneer in modern luxury prefab homes, have . Disculpa Why is this public record being published online? The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: (i) the Company's engineering services was not a viable business, would not provide meaningful revenue in 2021, and would not reduce operational risk; (ii) the Company would no longer be focused on its subscription-based business model; and (iii) as a result, the Company's public statements were materially false and misleading at all relevant times. Witnesses located in Santa Clara, California placed upon it by the Kaufmann Defendants have now moved dismiss! Suggests savings of $ 700 to $ 900 per year depending on the climate Defendants ; trademark under! 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