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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,
v.
South Carolina State Plastering, LLC, Peter Conley, Del Webb Communities, Inc., and Pulte Homes, Inc., Defendants.

          ORDER

          PATRICK MICHAEL DUFFY ' United States District Judge

         This 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.

         BACKGROUND & PROCEDURAL HISTORY

         This 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.

         They propose that the Court certify the class under the following definition:

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 following:
(a) The lack of through-wall head flashing above doors and/or windows;
(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.

         LEGAL STANDARD

         Rule 23 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 ...

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