The product reliability is good and it tells you enough description to believe what it is all about. Moreover, Kaufmann acknowledged in the Consulting Agreement Blu Homes' ownership in the assets it acquired under the APA and agreed that the Consulting Agreement superceded and replaced any prior agreements between the parties related to the same subject matter. United States District Court, D. Massachusetts. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. Blu Homes moved for leave to file a second amended complaint. But the Blu Farmhouse Mini requires just $700 in operating costs. 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. Other executives include Gary Martell, CFO; Kaitlin Haggerty, COO. Very responsive and helpful as well. Opp. (Am. The interview was held in one of the meeting rooms at the factory. §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). Astro-Med, 591 F.3d at 12 (quotations and citations omitted). Find low everyday prices and buy online for delivery or in-store pick-up 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. Get the best products with FREE delivery! The second amended complaint does not expand the avenues of recovery and the Kaufmann Defendants will have ample time to prepare for and conduct discovery in light of the second amended complaint and defend themselves in this litigation. § 1404(a). Listed below are the cases that are cited in this Featured Case. thus, the moving defendant . 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." (Am. The major problem commonly taking place in most out of conventional houses is the cost of water relatively going up. ¶ 20). Blu Homes is a bit pricey, however, it is worth every penny. According to Blu, green homes have a values that’s $35,000 higher than a conventional home. California-based builder Blu Homes is one pioneer of the new prefabricated home. And Blu’s homes are designed to reduce monthly operating costs by up to 50%. ¶¶ 15-17). Compl. § 1404(a).6 The Kaufmann Defendants ask this Court to either dismiss this case for improper venue or to transfer the case to the Northern District of California. The study revealed prefabricated homes had less impact on the environment and could be built better and faster in a quality-controlled warehouse. 4th at 535 (citing cases). Keep out of reach of children. This is sufficient to satisfy relatedness. Here, there is no undue delay or undue prejudice to the Kaufmann Defendants in granting leave to amend. Compl. ¶ 21; McCarthy Decl. Compl. Everytime that I have called them for any question they have always answered, with a professional and they are always helpful. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. Accordingly, this Court may only exercise personal jurisdiction within the limits set by Massachusetts' long-arm statute and the Constitution. . §§ 1331, 1332 and 1367(a). ¶ 25). Blu Homes alleges that on July 12, 2009, Kaufmann told Haney that she planned to leave the preconfigured prefabricated home business to pursue other design opportunities instead, with a focus in the non-profit area or resorts. Accordingly, Massachusetts is a proper venue. "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 filed its complaint on August 17, 2010. R. Civ. § 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." 1998) (affirming denial of leave to amend sought a year after the first amended complaint was filed, where granting leave would have resulted in "a re-opening of discovery with additional costs, a significant postponement of trial, and a likely major alteration in trial strategy and tactics"). The warranty is worth it. ¶¶ 20, 21; McCarthy Decl. The third gestalt factor, which relates to convenience of the venue to the plaintiff, plainly weighs in Blu Homes' favor. Memo 23-24; Kaufmann Aff. See Sivert v. Harsco Corp., No. Sawtelle, 70 F.3d at 1395. at 5; Def. 2001) (affirming denial of leave to amend because undue prejudice existed where plaintiff's attempted amendment "very late in the proceedings" meant that defendant "had a limited ability to adapt its defense" to encompass unexpected claims); Acosta-Mestre v. Hilton Int'l. Interview. 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). 7/20/11 at 2) and, therefore, the Court need only address whether Blu Homes has asserted sufficient facts to support the exercise of specific jurisdiction over the Kaufmann Defendants. Negotiations continued between the parties through August 2009. When determining whether a defendant has established sufficient minimum contacts with the forum in a case involving a contract between the parties, "[t]he Court is to look to all of the communications and transactions between the parties, before, during and after the consummation of the contract, to determine the degree and types of contacts the defendant has with the forum, apart from the contract alone." (Am. "The plaintiff's forum choice should rarely be disturbed . Even so, upon consideration and weighing of all these factors, the exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. The Court heard oral argument on July 20, 2011. 28 U.S.C. ¶ 23). 2001) (citations omitted). The first factor does not weigh against jurisdiction. This Old House 2014 Home of the Year. 1999) (quotations and citations omitted). Tekdom. 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. 2011 WL 2698330, *3-4. BLU Products is now possibly facing a class-action lawsuit over its role in the leaking of personal user data to a company in China. Get the best products with FREE delivery! I wouldn't doubt that place and its honesty and integrity. 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. their location is entitled to little weight. Bar Ass'n, 142 F.3d 26, 34 (1st Cir. v. LG Electronics USA Inc.) over claims that LG sold a home theater system that was defectively designed.Allegedly because of this design defect, the mating between the wireless speakers, wireless subwoofer and the main unit fails prematurely, necessitating repair or replacement. 2002) (quoting Sawtelle, 70 F.3d at 1387) (further citation omitted). 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." Only in [ that forum ]. '' ) reviews about Blu compensated... 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