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Craft v. South Carolina State Plastering LLC
United States District Court, D. South Carolina, Beaufort Division
April 26, 2018
Jacqueline L. Craft, Trustee of the Jacqueline L. Craft Trust U/T/D June 30 1998, and Jacqueline L. Craft, Individually, Plaintiffs,
South Carolina State Plastering, LLC, Peter Conley, Del Webb Communities, Inc., and Pulte Homes, Inc., Defendants.
PATRICK MICHAEL DUFFY ' United States District Judge
matter is before the Court on Plaintiffs' motion to
certify a class (ECF No. 89). For the reasons set forth
herein, Plaintiffs' motion is denied.
& PROCEDURAL HISTORY
action arises out of construction defects related to the
stucco applied to the homes in Sun City Hilton Head. After
several rulings by the Court, followed by a lengthy appeal,
Plaintiffs now seek to certify this case as a class action
under Rule 23 of the Federal Rules of Civil Procedure.
propose that the Court certify the class under the following
All individuals, corporations, unincorporated associations,
or other entities who purchased stucco-clad homes in Sun City
Hilton Head from anyone other than Del Webb Communities,
Inc., and/or Pulte Homes, Inc. to which South Carolina State
Plastering applied the exterior stucco in-whole or in-part
prior to July 31, 2007 which exhibits any one of the
(a) The lack of through-wall head flashing above doors and/or
(b) The lack of stucco control joints at the corners of
windows and/or doors, and/or
(c) The lack of an appropriate gap between the stucco
exterior and the structure slab.
(Pls.' Mot. Certify Class, ECF No. 89, at 1.) Plaintiffs
also ask that the Court remand this action in the event that
it denies class certification. Plaintiffs filed their motion
on October 13, 2017. Defendants Del Webb Communities, Inc.
and Pulte Homes, Inc. (“Defendants”) responded on
November 15. Plaintiffs filed their reply on December 5, and
Defendants filed a sur-reply on December 18. Accordingly,
this matter is now ripe for consideration.
of the Federal Rules of Civil Procedure governs class
actions. It states:
(a) One or more members of a class may sue or be sued as
representative parties on behalf ...