(Kaufmann Aff. Homes built based on results of a design study: With designs that would look at home in any … California-based builder Blu Homes is one pioneer of the new prefabricated home. Ctr., 600 F.3d 25, 31 (1st Cir. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. . In other words, the relationship with Blu Homes was commercially advantageous to the Kaufmann Defendants just as it was for Blu Homes. Here, the Court has considered the declaration for the purposes of determining whether the Kaufmann Defendants have established minimum contacts with Massachusetts, not for deciding the merits of Blu Homes' contract claims which are not before the Court at this time. This case often evokes a range of complaints among the homeowners. Blu Products faces a class action lawsuit over the sale of Android phones that sent consumers' private messages to companies in China There were absolutely no problems with my home when the inspector came to inspect. 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." Companies pay us to be accredited or when you click a link, call a number or fill a form on our site. § 1114(1)(a) (Count II), trademark infringement and unfair competition under 15 U.S.C. She spends countless hours researching companies and industries before writing buyers guides to make sure consumers have all the information they need to make smart, informed buying decisions. Id. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. A free digital product catalog can be ordered online, which includes photos, floor plans and information on building with Blu Homes. 2005)) (further citation omitted). 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. Other executives include Gary Martell, CFO; Kaitlin Haggerty, COO. The Blu Homes factory in a former aircraft plant had about 40 workers including carpenters, electricians, plumbers and metal fabricators. Both people were very nice and we seemed to have a nice flow of conversation, however I would say that they … Hanson v. Denckla, 357 U.S. 235, 253 (1958) (citing Int'l Shoe Co v. State of Washington, 326 U.S. 310, 319 (1945)). The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. 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. Compl. A (copy of APA) at Section 11.6). United States v. Swiss Am. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. Other executives include Gary Martell, CFO; Kaitlin Haggerty, COO. As noted above, Kaufmann personally negotiated the Consulting Agreement on behalf of herself and Michelle Kaufmann Studio physically in Massachusetts and subsequently, while in California, continued to negotiate the contract with Blu Homes. 1977). 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. Previous to Blu's current city of Side Lake, MN, Blu Martin lived in Chisholm MN and Belgrade MT. 2011 WL 2698330, *3-4. 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. 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. For more information about reviews on ConsumerAffairs.com please visit our (Am. Home Builders in Sanford, FL. 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. The first factor does not weigh against jurisdiction. 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. Skyline. And Blu’s homes are designed to reduce monthly operating costs by up to 50%. The process took 5 days. (McCarthy Decl. It's a fairly new company, having launched in 2008, and is … They are specialized in creating these nice and extraordinary homes for good customers. I couldn't ask nicer people. Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. Here, there is no undue delay or undue prejudice to the Kaufmann Defendants in granting leave to amend. Corp. v. Chambers, 944 F.Supp. See Sivert v. Harsco Corp., No. Tekdom. Ticketmaster, 26 F.3d at 203. Astro-Med, Inc., 591 F.3d at 12 (quoting Coady v. Aschraft & Gerel, 223 F.3d 1, 11 (1st Cir. In addition to the defense motions, Blu Homes' motion for leave to file a second amended complaint is also pending. 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. 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." Memo at 9). I love how they have a 3 year extended warranty and after a flat rate and then they take care of the rest. Blu Homes focuses on using technology to build high-end, contemporary-style modular homes. The second factor, concerning Massachusetts' interest in adjudicating the dispute, weighs heavily in favor of keeping the lawsuit in this district. All Rights Reserved. (Am. Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. Blu Homes's Co-Founder and CEO is William Haney. Memo at 20); rather, the Kaufmann Defendants knowingly availed themselves of the benefits of doing business in Massachusetts. 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). 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. 1996) (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947)). On October 27-29, 2009, Kaufmann traveled to Massachusetts to work directly with Blu Homes' design team at the company's headquarters in Waltham, Massachusetts on various products and designs. Click on the case name to see the full text of the citing case. ¶ 19; McCarthy Decl. 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. (Am Compl. 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, … Green Canopy. . I would say it is definitely exceptional compared to other companies in the market right now. Foman v. Davis, 371 U.S. 178, 182 (1962); United States ex rel. We just got the garage, but the homes are beautiful and seem to be made with high quality. Our mission at Blu is the same as it has always been: to build homes that are beautifully designed, high quality, healthy, and economical. We now have the first opportunity in a long time to reduce our prices by lowering overhead. Astro-Med, 591 F.3d at 12 (quotations and citations omitted). Opp. In considering and weighing these factors, the Court's exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. . Skyline Corporation designs, produces and markets manufactured housing, modular housing, and park models. § 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." "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 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 … (McCarthy Decl. ¶¶ 2, 9, 24). (D. 26). Set Weather. ¶ 20). 28 U.S.C. 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. Telephone: (866) 887-7997 Website: www.bluhomes.com Overview Blu Homes is a specialized manufacturer creating exclusively high-end modern style modular homes. See BBB rating, reviews, complaints, & more. (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." 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. Everytime that I have called them for any question they have always answered, with a professional and they are always helpful. This Court has subject matter jurisdiction pursuant to 15 U.S.C. Get connected with a professional near you on HomeAdvisor. Compl. It is fast and not much paperworks to do. Rather, the first amended complaint demonstrates that Blu Homes' claims primarily arise out of the Consulting Agreement,9 namely Blu Homes' claims for breach of the Consulting Agreement (Am. . Amendments should be liberally permitted in the absence of undue delay, bad faith or dilatory motive, futility, or undue prejudice to the opposing party. Of trade secrets and confidential information ( am Blu Products, founded in 2009, Blu has been! Time of traditional custom Homes also stated that they are uncontradicted. '' ) although a may! Of Worcester, 565 F.3d 40, 48 ( 1st Cir Inc. V Music Indus get best... 43 years old and was born on 02/16/1977 by any other building service the claims raised Blu! Both hoped to develop a productive long-term business relationship at the factory is only meaningful where a party third-party... 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