Hasbro, Inc. v. Clue Computing, Inc., 994 F.Supp. 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. A class action lawsuit claims Blu Products, as well as developers Shanghai Adups Technology Co., Ltd. And Adups USA LLC, installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals' texts, call logs, physical locations, personal contacts and other confidential data and transmitted the information to a server in . 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. 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. 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." Accordingly, venue is proper in this district. (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. Med. By teaming up with Dvele, all Blu products just became a whole lot more modern. Corp., 243 F.3d 57, 71-72 (1st Cir. Before commenting, please review our comment policy. 1991) (internal quotations and citations omitted). The language of the APA is simply not reasonably susceptible to the interpretation placed upon it by the Kaufmann Defendants. Description: Civil Case Cover Sheet; Filed By: Cheryl Buck. Pritzker v. Yari, 42 F.3 d 53, 64 (1st Cir.1994). Then Zephan McMinn, an attorney and an employee at . 10-17). 7/20/11 at 20). 3/15/2022 Conference: Further Case Management, 7/8/2020 Complaint (Unlimited) (Fee Applies), 7/23/2020 Amended Complaint Filed - No Fee, 8/18/2020 Proof of Service: Summons DLR (Civil), 9/18/2020 Answer (Unlimited) (Fee Applies), 10/26/2020 Statement: Case Management Conference, HearingDescription: Conference: Further Case Management; Department: Department 20; Time: 10:00AM, HearingDescription: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM, HearingDescription: Hearing: Petition Compel Arbitration; Department: Department 20; Time: 9:00AM; Result: Held, DocketDescription: Notice: Entry of Order; Filed By: Bouton Construction Inc,; Comment: Notice: Entry of Order, DocketDescription: Notice: Entry of Order; Filed By: Cheryl Buck,; Comment: Notice: Entry of Order, DocketDescription: 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, DocketDescription: Returned/Undeliverable Mail; Filed By: Jack Lynch,; Comment: Ntc of hearing 03-15-22, HearingDescription: Motion: Admissions Deemed Admitted; Department: Department 20; Time: 9:00AM; Result: Held, DocketDescription: Stipulation and Order; Filed By: Cheryl Buck,; Comment: Stipulation and Order to Continue 11-4-21 Motion - GRANTED. United States District Court, D. Massachusetts. Compare Invest Almaz v. Temple-Inland Forest Prods. In 2009, Blu Homes acquired the designassetsof Michelle Kaufmann (mkDesigns), including the popular Sunset Breezehouse, the Glidehouse and mkLotus line. Corrado Rizzi is the Senior Managing Editor of ClassAction.org. 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. (Am. 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. Sch. Foman v. Davis, 371 U.S. 178, 182 (1962); United States ex rel. Compl. 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. 2018-08-16, U.S. District Courts | Contract | 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." Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. 78-81), misappropriation of trade secrets and confidential information (Am. The lawsuit alleges the defendants intentionally intercepted, recorded and transmitted the data without the knowledge or consent of phone owners, a sweeping violation of privacy rights. Compl. 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. That's all homes for sale in Grenoble, France we have matching your search today. Blu Homes is seeking leave to amend in the early stages of this litigation; no discovery schedule or trial date has yet been set. Notwithstanding the liberality of this approach, the court will not "credit conclusory allegations or draw farfetched inferences." 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. 77, 80-81 (D. Mass. See Sivert v. Harsco Corp., No. 7/20/11 at 11). Aesthetics: Each of the builders has beautiful, contemporary-looking homes. "These are the only thing that we have. (Am. Compl. 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. The Kaufmann Defendants contend that evidence is more readily available in California because it is located there. Athena Advisers. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. In this case, venue is proper in this district. Mass. Citations are also linked in the body of the Featured Case. For more information, visit http://www.dvele.com.About Blu HomesBlu Homes is the leading provider of premium prefab homes in North America. 1995); Ticketmaster-N.Y., Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir. Sorta makes one ask why all those hundreds of millions of dollars that investors poured into Blu Homes didnt make this work out. Why is this public record being published online? All I can say about this is Good Luck Delve, youre going to need it. Case Details Parties Documents Dockets. Kaufmann allegedly conveyed the same message to Haney throughout their discussions from July 2009 through October 2009. Compl. It seems they were just purchased by Delve. That press release was a lot of fancy words without a lot of substance. (McCarthy Decl. (D. 26). (Am. Blu Homes, Inc., Plaintiff, 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. 11). See F.A.I. 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. Florida Attorney General Pam Bondi has reached a settlement with Pulte Homes that resolves mounting complaints about residential . Blu Homes designs, manufacturers and markets "green" or "ecofriendly" homes for residential, commercial and institutional customers. Thanks! 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. (Am. Cancellation and Refund Policy, Privacy Policy, and 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 .. . 2009). For more details and to speak with our firm without cost or obligation, follow the links below. 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). LA JOLLA, Calif., May 27, 2020 /PRNewswire/ --Dvele, a San Diego-basedhousing technology company and Blu Homes ("Blu"), a pioneer in modern luxury prefab homes, have announced that Dvele has completed the acquisition of Blu. 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. Its headquarters is located in Waltham and its manufacturing plant is in East Longmeadow. Now every Blu Home comes with the intelligence of Dvele Inside. By revolutionizing the way homes are designed, produced and experienced we are making a substantial, positive impact on our customers and the planet. Nous sommes dsols pour la gne occasionne. Lamentamos pelo inconveniente. Si continas viendo este mensaje, For the foregoing reasons, the Kaufmann Defendants' motion to dismiss or transfer is DENIED and the Kaufmann Defendants' motion to strike is DENIED. Caso continue recebendo esta mensagem, 1998). After leaving their huge factory and going through three CEOs in less than a year. & Tool Co., Inc. v. Oakbrook Int'l., Inc., 56 F.Supp.2d 134, 141 (D. Mass. (Am. Lyle Richards Int'l, Ltd. v. Ashworth, Inc., 132 F.3d 111, 112 (1st Cir. 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. Pursuant to an Asset Purchase Agreement ("APA") dated July 17, 2009, Blu Homes purchased all of the intellectual property assets of mkElements from Uecker in order to build and expand its business. v. Mariotti Building Products. 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. 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. Astro-Med, 591 F.3d at 12 (quotations and citations omitted). 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. . 09-10707, 2009 WL 3300031, at *4 (D. Mass. For more information, visit www.bluhomes.com. The parties also stated that they both hoped to develop a productive long-term business relationship. Dvele's technology combined with Blu's award winning designs will deliver beautiful, intelligent and healthy environments for occupants. Blu Homes vs. Als u dit bericht blijft zien, stuur dan een e-mail Method Homes vs. 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. Negotiations continued between the parties through August 2009. 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. (Pl. 2020-07-30, Riverside County Superior Courts | Small Claim | (D. 18). (McCarthy Decl. DocketDescription: Civil Case Cover Sheet; Filed By: Cheryl Buck. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." 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. (Am. 14, 15). 12).2 The company is a leader in its industry for its innovative use of computer modeling and unconventional building materials and, in particular, its use of folding steel framing. 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. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . Any such litigation may be filed, brought, heard, tried or determined only in [that forum]." 1997). None of Blu Homes' potential witnesses work in its San Francisco office or are located within California. (Tr. A class action lawsuit claims Blu Products installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals' confidential data. During this visit as well as in telephone calls, Kaufmann received trade secrets and other confidential information regarding Blu Homes' folding steel framing system and other methods used in design, fabrication and installation processes. It will "then add to the mix facts put forward by the defendants, to the extent that they are uncontradicted." In other words, the relationship with Blu Homes was commercially advantageous to the Kaufmann Defendants just as it was for Blu Homes. Earth. 13-17; McCarthy Decl. scusiamo se questo pu causarti degli inconvenienti. (McCarthy Decl. Aydanos a proteger Glassdoor y demustranos que eres una persona real. los inconvenientes que esto te pueda causar. 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. envie um e-mail para In light of these activities, it is reasonable to conclude that the Kaufmann Defendants could have foreseen being subject to the Court's jurisdiction. Astro-Med, Inc. v. Nihon Kohden Am., Inc., 591 F.3d 1, 9 (1st Cir. om ons te informeren over dit probleem. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. Learn how to buy land, select the best house plan, get financing, calculate investment ROI, and more. At Dvele, one of our founding principles is to deploy homes that have a positive impact on the environment. 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. The case against the. Hanson v. Denckla, 357 U.S. 235, 253 (1958) (citing Int'l Shoe Co v. State of Washington, 326 U.S. 310, 319 (1945)). 18).3 Once Blu Homes and Kaufmann signed the Consulting Agreement, Kaufmann began collaborating with Blu Homes' designers on virtually all the company's products and designs. If you do not agree with these terms, then do not use our website and/or services. Ci It commands breathtaking views and epitomizes Blu's mantra of letting the outdoors in. Please download the PDF to view it: Download PDF. Leverage your professional network, and get hired. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Jakubowitz Law is vigorous in pursuit of justice for shareholders who have been the victim of securities fraud. The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. Their technology platform allows for the development of homes that are better for your overall health and well being, while also contributing to the well being of the planet. Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir. 1331, 1332 and 1367(a). Sch. It is found that their home sections where fresh water flows like the kitchen, toilet, and bathroom equipped with WaterSense certification. 8; Def. 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. Opp. On 07/08/2020 Cheryl Buck filed a Contract - Other Contract lawsuit against BLU HOMES, INC. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. United States v. Swiss Am. 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. This browser does not support PDFs. Attorney advertising. CONTACT JAKUBOWITZ ABOUT EBS:https://claimyourloss.com/securities/emergent-biosolutions-inc-loss-submission-form/?id=15124&from=1, Class Period: July 6, 2020 - March 31, 2021. United States District Court, D. Massachusetts.https://leagle.com/images/logo.png. Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water. 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 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." Public Records Policy. Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. Si vous continuez voir ce Help ons Glassdoor te beschermen door te verifiren of u een persoon bent. [Builder of each home from left to right is Blu Homes, Method Homes, Living Homes]. 5:14-CV-02374 | 2014-05-22, U.S. District Courts | Contract | 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"). The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. The APA unambiguously states that Uecker entered into the agreement "as the assignee for the benefit of the creditors of mkElements, Inc." (Am. Click the citation to see the full text of the cited case. (D. 36). Prior results do not guarantee similar outcomes. Wick Buildings; the Best Company for Superior Structures with Fair Cost, Lester Buildings: a One- Stop Solution Post-Frame Building System, Resin Crafts Basics That Every Beginner Should Know, 20 Inspiring DIY Candle Holders Ideas to Enhance Your Place, 20 DIY Platform Bed Ideas: Simple and Strong Constructions, 20 DIY Hat Rack Ideas for Beautiful Headgear Display, 19 Creative and Easy Ideas to Build DIY TV Stand. 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. 22, 26, Ex. 2017-06-29. Wir entschuldigen uns fr die Umstnde. . 20). Create an alert to be instantly notified of new similar listings coming online. The first factor does not weigh against jurisdiction. 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." 23). 1404(a). Mark Huffman Reporter. Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). 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). Blu homes are healthy to live in and better for the . "In the early years of our entrepreneurial journey, Blu was the company we looked at as leading the charge for high-end prefabricated homes," said Dvele Co-Founder and CEO, Kurt Goodjohn. Compl., Ex. Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988); Codex Corp. v. Milgo Elec. naar Because courts are to construe "the Massachusetts long-arm statute as being coextensive with the limits permitted by the Constitution," this Court may "turn directly to the constitutional test for determining specific jurisdiction." Opp. B). 2002) (quoting Sawtelle, 70 F.3d at 1387) (further citation omitted). .tg th{font-family:Arial, sans-serif;font-size:14px;font-weight:normal;padding:10px 5px;border-style:solid;border-width:1px;overflow:hidden;word-break:normal;border-color:black;} 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. Under California law,"[w]hen a party not specifically identified in an agreement claims third-party beneficiary status, it has the burden of proving that the contracting parties intended to benefit it." 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. Method Homes Reviews: Spice up Your Life with the Efficient Houses! .tg {border-collapse:collapse;border-spacing:0;} 28 U.S.C. . The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. Opp. 2002). When an award-winning design is met with ultra-efficient capabilities something incredible happens. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. We do this by steering our efforts against two philosophical mandates: efficiency and sustainability. Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. 1997). Hess, 27 Cal. We make modern premium prefab homes. Description: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. 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. Bar Ass'n, 142 F.3d 26, 34 (1st Cir. R. Civ. 2018-04-03, U.S. Bankruptcy Courts | Other | Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. Michelle Kaufmann, Michelle Kaufmann Studios, Inc., Michelle Kaufmann Studio, Studio 101 Designs, Inc., Defendants. Wenn "I call them cell phone contractors . Blu has spent over a decade revolutionizing the construction industry building beautiful prefabricated homes across the US, with their award winning Breezehouse at the forefront. Although the Kaufmann Defendants' alleged infringement of Blu Homes' intellectual property and breach of the consulting agreement arguably occurred in California, outside this judicial district, that infringement and breach was merely the "triggering event" prompting Blu Homes' complaint; the sequence of events includes Kaufmann negotiating the consulting agreement in Massachusetts, learning about the trade secrets and confidential information in Massachusetts and coming to Massachusetts to perform her consulting services. On July 22, 2009, Kaufmann met with Blu Homes' senior management team on Cape Cod to discuss the terms under which she and Blu Homes could work together. Although a court may exercise two types of personal jurisdiction: general and specific, Cossaboon v. Me. . Disculpa R. Civ. this factor is only meaningful where a party can demonstrate some kind of special or unusual burden." 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." And while people invest in their personal future in a lot of ways, few investments pay off more than a healthy lifestyle promoted by a healthy home. 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. Privacy PolicyTerms and ConditionsCookie PolicyAbout Us, Blu Homes Updating Iconic Breezehouse to be This Years Sunset Idea House, Blu Homes Apple Approach to Building Green Prefab Homes, Blu Homes Unfolds A Reinvention of Modular Housing, Open, light-filled, indoor/outdoor spaces, Healthy building materials (formaldehyde-free), Well insulated, high-efficiency heating and cooling, Energy Star appliances, efficient lighting, Transparent, well-managed timeline and costs. Such litigation may be Filed, brought, heard, tried or determined only [. Ass ' n, 142 F.3d 26, 34 ( 1st Cir the parties also stated that they are very... Kind of special or unusual burden. huge factory and going through three CEOs in less than year... On roughly 120,000 Blu smartphones that illegally recorded individuals ' confidential data astro-med, 591 F.3d 1 9! Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at * 4 ( D. 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The opportunity to Claim compensation for harm suffered from contaminated water 3300031, at * (! As modern prefab Homes, Method Homes, Method Homes vs the PDF view! * 4 ( D. 18 ) more details and to speak with our firm without cost or obligation, the! Efforts against two philosophical mandates: efficiency and sustainability ex rel two types personal... Studios, Inc., 132 F.3d 111, 112 ( 1st Cir I can say about this is Luck...
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