See, e.g., Berklee College of Music, Inc. v Music Indus. (Am. Gagne v. City of Worcester, 565 F.3d 40, 48 (1st Cir. All I can say about this is Good Luck Delve, youre going to need it. Description: Summons: Issued/Filed; Filed By: Cheryl Buck. Opp. (Pl. questo messaggio, invia un'email all'indirizzo 10). Although the need to defend an action in a foreign jurisdiction "is almost always inconvenient and/or costly . 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. 1121 and 28 U.S.C. Description: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck. See Garcia v. Truck Ins. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") The enormity of a homes potential contribution as a positive or negative influence on our daily lives is not often fully understood by most homeowners. Blu Homes filed its complaint on August 17, 2010. 2011 WL 2698330, *3-4. The Kaufmann Defendants' argument that venue is improper in this district due to a forum selection clause in the APA, conferring venue exclusively in the courts of California, is unavailing. Accordingly, Massachusetts is a proper venue. Founded in 2017 by pioneers of the modern modular home industry, San Diego-based Dvele has leveraged their expertise and efficient manufacturing process to create hyper-efficient, self-powered homes. 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." at 5; Def. Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. Dvele's Unparalleled Choice initiative represents the unique blend of cutting edge technology, a thoughtful modern design, and of course, expert craftsmanship. Blu's breakthrough computer modeling, unique use of steel and wood and revolutionary folding technology makes beautifully designed homes more economical to ship and quicker to set up than other modern, green homes. 1999) (quotations and citations omitted). 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. We think these will be the key decision making factors for most people: Service area - Blu Homes only serves Northern California at the moment while Method Homes serves the Western U.S. and Canada. verdade. These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. Compl., Ex. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . Corp. v. Chambers, 944 F.Supp. (Am. Kaufmann and Blu Homes' designers exchanged hundreds of emails to accomplish their work together and Kaufmann sent her work product to them in Massachusetts. . The Kaufmann Defendants argue that Kaufmann did not purposefully avail herself of Massachusetts since it was Blu Homes who reached out to her and requested that she travel to Massachusetts and that if Kaufmann knew she could be sued in Massachusetts for traveling to this state on business related to Blu Homes, she would never have come to Massachusetts. enva un correo electrnico a 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. This is particularly true with the development of photo duplication, facsimile transmission, the Internet, and the easy availability, excellent reproducibility, and relatively low cost of hard and electronic copies."). Then Zephan McMinn, an attorney and an employee at Blu Homes since April 2015, took over the reins of CEO and led Blu Homes to their next step in their evolution. The Kaufmann Defendants move to strike paragraph 17 and any other portions of the McCarthy Declaration that they claim constitute impermissible parol evidence because it varies or contradicts the terms of the Consulting Agreement. . 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 moved to strike portions of the McCarthy Declaration filed by Blu Homes in support of its opposition to the Kaufmann Defendants' motion to dismiss or transfer. Help ons Glassdoor te beschermen door te verifiren of u een persoon bent. 2017-06-29. Blu Homes vs. For more information, visit www.bluhomes.com. Please enable Cookies and reload the page. Ci 20). Am., LLC v. Caraustar Indus., Inc., 754 F.Supp.2d 168, 172 (D. Mass. It commands breathtaking views and epitomizes Blu's mantra of letting the outdoors in. Method Homes vs. The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. 20-24). Blu's proprietary information technology enables its award-winning designers to create personalized home designs for customers in 3-D, and provide a clear, fixed price. The Kaufmann Defendants contend that evidence is more readily available in California because it is located there. 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 .. . Si vous continuez voir ce Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. Blu Homes offers modern, modular, factory built homes for residential and commercial clients. Click the citation to see the full text of the cited case. 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. (D. 36). Now every Blu Home comes with the intelligence of Dvele Inside. 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. (D. 1). (Kaufmann Aff. 12). of Puerto Rico, Inc., 156 F.3d 49, 52 (1st Cir. 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. Ctr., 600 F.3d 25, 31 (1st Cir. P. 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." 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. .tg {border-collapse:collapse;border-spacing:0;} (D. 25). Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. 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 decision to transfer a case pursuant to 1404(a) is a matter within the discretion of the district court. Leaders in Pre-Fab Building and Home Technology Join Forces to Revolutionize Industry. 1:20-CV-11086 | 2020-12-30, Orange County Superior Courts | Other | 2001) (citations omitted). Blu homes are healthy to live in and better for the . 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. Compl. [Builder of each home from left to right is Blu Homes, Method Homes, Living Homes]. Disculpa Venue is proper in this Court and the Court will not dismiss on this basis or transfer the case. Negotiations continued between the parties through August 2009. (Am. Further, the lawsuit claims the wiretapping plot affected the performance of Blus smartphones because the firmware exponentially decreased the phones battery life. Als u dit bericht blijft zien, stuur dan een e-mail (Am. Sch. 7/20/11 at 20). Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. 2002) (quoting Sawtelle, 70 F.3d at 1387) (further citation omitted). The Vallejo based company employs quality. Here, the Kaufmann Defendants will be required to litigate this case in a Massachusetts court despite the fact that they and their witnesses are located in California. 1331, 1332 and 1367(a). For all these reasons, the Court opts not to transfer the case.11. excuses voor het ongemak. Compl. Cancellation and Refund Policy, Privacy Policy, and The Court will "take specific facts affirmatively alleged by the plaintiff as true (whether or not disputed) and construe them in the light most congenial to the plaintiff's jurisdictional claim." Lamentamos Here, the claims raised by Blu Homes directly arise and relate to the Kaufmann Defendants' contacts with Massachusetts. per informarci del problema. Section 11.6 of the APA provides that certain California courts "shall have exclusive jurisdiction over any litigation arising out of or related to this agreement." Bill Haney, one of the founders, had stepped down from that position and was first replaced by Kaitlin Haggerty on June 1st of 2016. The Kaufmann Defendants have now moved to dismiss or transfer. at 8-9). real person. "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." (Pl. Blu Homes moved for leave to file a second amended complaint. Id. The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. Compl., Ex. at 3; McCarthy Decl. 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. Whatever it is, we realize that a high-end modern home is ingrained in the details. 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. Our team of Dvelees shares a common vision to inspire a new future full of beautiful, health-promoting homes that are entirely self-powered, adaptable, safe and highly resilient. The first factor does not weigh against jurisdiction. If youre considering purchasing a prefab or modular home, theres a good chance that youve come across the companies Blu Homes, Method Homes and Living Homes. Opp. 1977). Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. The Kaufmann Defendants assert that the APA's California forum selection clause should apply here because: i) the litigation arises out of or is related to the APA; and ii) they are third-party beneficiaries of the APA. (McCarthy Decl. Onze . 1125(a) (Count IV) and unfair and deceptive trade practices under Mass. 1992)). para nos informar sobre o problema. Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. Med. Packages do not include washer / dryer, air conditioning systems, transportation of the home, site work and foundation or utility hookup. 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. 87-92), fraudulent misrepresentation (Am. Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196, Description: Conference: Further Case Management; Department: Department 20; Time: 10:00AM, Description: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM, Description: Hearing: Petition Compel Arbitration; Department: Department 20; Time: 9:00AM; Result: Held, Description: Notice: Entry of Order; Filed By: Bouton Construction Inc,; Comment: Notice: Entry of Order, Description: Notice: Entry of Order; Filed By: Cheryl Buck,; Comment: Notice: Entry of Order, Description: Stipulation and Appointment of Official Reporter Pro Tempore; Filed By: Cheryl Buck,; Comment: re: reporter Teresa Kenworthy for 12-9-21 - GRANTED by Judge Manoukian, Description: Returned/Undeliverable Mail; Filed By: Jack Lynch,; Comment: Ntc of hearing 03-15-22, Description: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM; Result: Held, Description: Stipulation and Order; Filed By: Cheryl Buck,; Comment: Stipulation and Order to Continue 11-4-21 Motion - GRANTED. v. 10-17). While in California, Kaufmann, as Blu Homes' consultant, participated in phone calls and exchanged hundreds of emails with the company's design team to collaborate on designs and products. Caso continue recebendo esta mensagem, 6:10. . This Breezehouse is our most iconic home. Hess, 27 Cal. . Blue Homes is one of the pioneers in the Accessory Dwelling Units (ADUs) segment and has built hundreds of homes primarily across California. Kaufmann allegedly conveyed the same message to Haney throughout their discussions from July 2009 through October 2009. 5, 6). Blu Homes has an overall rating of 2.8 out of 5, based on over 66 reviews left anonymously by employees. 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. Wenn Bank, Ltd., 274 F.3d 610, 623-24 (1st Cir. video . 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. It subsequently filed a first amended complaint on November 5, 2010, alleging copyright infringement (Count I), false advertising and unfair competition under 15 U.S.C. Maybe it is the boldness that compels you to linger. The APA unambiguously states that Uecker entered into the agreement "as the assignee for the benefit of the creditors of mkElements, Inc." (Am. 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." Si continas viendo este mensaje, Compl., Ex. For more information, visit http://www.dvele.com.About Blu HomesBlu Homes is the leading provider of premium prefab homes in North America. Living Homes: Review and Comparison of Leading Prefab and Modular Home Builders We compare Blu Homes vs. Since, as discussed above, the Kaufmann Defendants will not be prejudiced by the timing or nature of the second amended complaint and given that they have not argued any other compelling basis for denying Blu Homes' motion for leave to amend its complaint, this Court finds no reason to deny Blu Homes' motion under the liberal standard of Rule 15(a)(2). None of Blu Homes' potential witnesses work in its San Francisco office or are located within California. A class action lawsuit claims Blu Products installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals' confidential data. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Adelson, 2011 WL 2698330, at *5 (citation omitted); Burger King, 471 U.S. at 477. Both Blu Homes and Dvele hold a prominent place in the industry with its modern approach to home building. As discussed supra, the convenience of the parties weighs in favor of the exercise of personal jurisdiction over the Kaufmann Defendants and does not warrant transfer of venue for the same reasons.10 The Court also anticipates that it will not be difficult for the parties and this Court to access all proof necessary for this matter. Here, the Kaufmann Defendants directed regular conduct toward Massachusetts and their contacts with the state were voluntary and the result of more than a single activity or transaction. The guide will be emailed to you soon. The APA contains a forum selection clause which states that "[t]he Superior Court of the State of California in and for the County of San Francisco and the United States District Court for the Northern District of California shall have exclusive jurisdiction over any litigation arising out of or related to this agreement. 19; Tr. Astro-Med, Inc. v. Nihon Kohden Am., Inc., 591 F.3d 1, 9 (1st Cir. 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. Now, for the first time, we are offering all of the same unique features of a Dvele for all Blu Homes. Click on the link below to discover how a Dvele makes for a healthier choice. Method Homes vs. As Blu Homes scales down production in Vallejo, it expects to maintain a 10- to 15-person project development and management office there, compared with as many as 50 two years ago, McMinn said. 2009). That press release was a lot of fancy words without a lot of substance. 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. A Blu Home powered by Dvele embraces technology that is designed to embolden your lifestyle. At Dvele, one of our founding principles is to deploy homes that have a positive impact on the environment. 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 Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. 11). 7/20/11 at 11). 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. We make modern premium prefab homes. With Dvele Inside, all Blu Homes are now leveraging modern day technology to provide for a truly revolutionary living environment. In June of 2020, Dvele acquired Blu Homes, another high-end modular home builder sharing a common vision of providing high-end homes that are ultra-efficient and health-promoting. Although a court may exercise two types of personal jurisdiction: general and specific, Cossaboon v. Me. OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. Blu Homes packages include all structural and finish elements including; framing, sheathing, siding, windows, doors, roofing, trim, interior finished walls, flooring, tile, cabinets, counter tops, plumbing and plumbing fixtures, electrical wiring and lighting, appliances and mechanical systems including water heater and heating system. That's all homes for sale in Grenoble, France we have matching your search today. 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. In considering and weighing these factors, the Court's exercise of personal jurisdiction over the Kaufmann Defendants is reasonable. (Am. They forged a path allowing Dvele's innovative home focused technologies to flourish. Listed below are the cases that are cited in this Featured Case. Attorney advertising. 1404(a). The third gestalt factor, which relates to convenience of the venue to the plaintiff, plainly weighs in Blu Homes' favor. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75 (1985). One of the two parties to the consulting agreement central to this case is, and was at all times relevant to this litigation, located in Massachusetts. (McCarthy Decl. Mobile phone manufacturer BLU Products, Inc. and its co-owner have reached a settlement with the Federal Trade Commission over allegations that the company allowed a China-based third-party service provider to collect detailed personal information about consumers, such as text message contents and real-time location information, without their (Tr. (Am. Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. CONTACT JAKUBOWITZ ABOUT BLU:https://claimyourloss.com/securities/bellus-health-inc-loss-submission-form/?id=15124&from=1, Class Period: September 5, 2019 - July 5, 2020. 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 plaintiff's forum choice should rarely be disturbed . (D. 18). Compl. 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. DocketDescription: Civil Case Cover Sheet; Filed By: Cheryl Buck. By revolutionizing the way homes are designed, produced and experienced we are making a substantial, positive impact on our customers and the planet. If you want even more support with your project, then signup for Prefab Concierge - our free service where you are paired with a member of our staff who provides you 1:1 support with your potential project -> Learn More. On August 21, 2009, Blu Homes entered into a six-month consulting agreement with the Kaufmann Defendants ("Consulting Agreement"). Sawtelle, 70 F.3d at 1395. Compare Invest Almaz v. Temple-Inland Forest Prods. B). (Am. message, please email 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. UPDATED May 2, 2022: The U.S. Supreme Court announced today that it will take up a challenge from Health & Hospital Corp. of Marion County to a federal appeals court ruling that said . Contact:Eden CaliThe Co-Op Agency[emailprotected]310-383-8515, Cision Distribution 888-776-0942 Athena Advisers. 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. The plaintiff says he was alerted to the smartphones privacy issue through an email sent from Amazon, which referenced a potential security issue with certain Blu phone models. "We have the utmost respect and appreciation for what Blu has contributed to our collective space. Made in the bay Area, our homes are built in half the time of traditional custom homes. Modular construction involves, GS Engineering and Construction (GS E&C), the construction arm of the GS Group, is bringing its modular wood-frame homes to Korean consumers. 1406(a); See Fed. envie um e-mail para . Blu Homes, Inc. Business Profile Blu Homes, Inc. Building Contractors Headquarters Multi Location Business Find locations Contact Information Mare Island HQ & Factory 1245 Nimitz Avenue, Bldg. SHAWN PHILLIPS VS THE SCHOLTEN COMPANY 2000, Estate of Tomas Beauford et al v. Mesa County, Colorado et al, Zenith Insurance Company vs KB Home South Bay , Inc. et al. Listed below are those cases in which this Featured Case is cited. Go to our Visit Us page to find out more. Read more here: Camp Lejeune Lawsuit Claims. Blu Homes settled its claims with Studio 101 Designs, Inc. and that defendant was dismissed from this case on February 4, 2011. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Blu Homes seeks leave to amend its complaint to insert the term "intentional" in the complaint to reflect the fact that the Kaufmann Defendants' acts were intentional and knowing, not negligent or inadvertent, and to eliminate claims against Studio 101 Designs, Inc., a defendant that was previously dismissed from this case, see D. 25, and against Michelle Kaufmann Studios, Inc., an entity which, as discussed above, does not exist.12 Pursuant to Fed. (Am. 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. It was painful to see what was once a nationwide prefab home manufacturer forced to consolidate back to a single state, especially Blu Homes who had opened a huge plant on Mare Island in California just a few years ago. (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. While it may be true that the Kaufmann Defendants' unwilling witnesses may not be compelled to appear in Massachusetts, see Fed. A local homeowners association claims dozens of homes have serious drainage defects . The alleged misappropriation of trade secrets and copyright and trademark infringement claims also concerns a web site that is available to Massachusetts residents and allegedly is causing tortious injury to Blu Homes in Massachusetts. 23). Taken together, these contacts are neither "fortuitous" nor "purely incidental" (Def. Compl. They are three of the leading, modern prefab builders and each has been around for over 10 years. Finally, one place to get all the court documents we need. A (APA at 1)). 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. 8; Def. Blu Homes Address: 1245 Nimitz Ave Vallejo, CA 94592 Use our bidding system to request a quote Blu Homes Photos View All Photos (34) Blu Homes As designers of premium prefab homes, we believe in building with the highest quality craftsmanship and technologies, in half the time of custom homes. 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. of Law at Andover, Inc. v. Am. is to move forward with the lawsuit in the present forum." Click on the link below to discover what makes for a high-end modern home. at 30. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Hess v. Ford Motor Co., 27 Cal.4th 516, 534-35 (2002) (citing cases).7 That is, although a party claiming to be a third-party beneficiary need not be named in the contract, "[t]he contracting parties must have intended to confer a benefit on the third party." The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" 28). Blu now sells its homes across all of California. The Court heard oral argument on July 20, 2011. 1991) (internal quotations and citations omitted). Pritzker v. Yari, 42 F.3 d 53, 64 (1st Cir.1994). Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. Residential and commercial clients full text of the same unique features of a Dvele for... 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