Hummel v. Tamko Bldg. Prods., Inc.

303 F. Supp. 3d 1288
CourtDistrict Court, M.D. Florida
DecidedSeptember 7, 2017
DocketCase No: 6:15–cv–910–Orl–40GJK
StatusPublished
Cited by4 cases

This text of 303 F. Supp. 3d 1288 (Hummel v. Tamko Bldg. Prods., Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hummel v. Tamko Bldg. Prods., Inc., 303 F. Supp. 3d 1288 (M.D. Fla. 2017).

Opinion

PAUL G. BYRON, UNITED STATES DISTRICT JUDGE

This cause is before the Court on Plaintiff's Amended Motion and Memorandum *1294for Class Certification (Doc. 106), filed March 2, 2017. Defendant filed a response in opposition (Doc. 110), on March 17, 2017. Upon due consideration, Plaintiff's Motion for Class Certification is denied.

I. BACKGROUND

Plaintiff, Michelle Hummel ("Hummel"), initiated this class action against Defendant, Tamko Building Products, Inc. ("Tamko"), seeking damages associated with defective roofing shingles manufactured, marketed, and sold by Tamko. Starting in 2004, Tamko sold nearly seven million squares of Heritage Series fiberglass asphalt roofing shingles (the "Shingles") within the state of Florida. (Doc. 106, p. 7). Tamko warranted that its Shingles were compliant with applicable industry standards, and also warranted that its Shingles would last at least as long as guaranteed in their twenty, twenty-five, thirty, and fifty-year warranties. (Id. ). Hummel alleges that the Shingles all suffered from common design defects that caused the Shingles to fail after a fraction of their warrantied life, causing property damage. (Id. ). Hummel contends that Tamko knew of the design defects and yet took no steps to correct the problem, withdraw the product from the market, or fulfill the warranties on products sold. (Id. ).

Plaintiff initiated this class action on June 5, 2015, seeking damages for violation of the Florida Deceptive and Unfair Practices Act ("FDUTPA"), breach of express warranty, strict products liability, negligence theories, and declaratory relief. Hummel seeks to certify a class consisting of all "current or former owners of structures located within the State of Florida on which Tamko Heritage Series Shingles are or were installed." (Id. at p. 8). Hummel also seeks certification of a subclass for purposes of declaratory relief.

II. STANDARD OF REVIEW

To certify a class action, the moving party must satisfy a number of prerequisites. First, the named plaintiff must demonstrate standing. Vega v. T-Mobile USA, Inc. , 564 F.3d 1256, 1265 (11th Cir. 2009). Second, the putative class must meet all four requirements enumerated in Federal Rule of Civil Procedure 23(a). Id. Those four requirements are "numerosity, commonality, typicality, and adequacy of representation." Id. (quoting Valley Drug Co. v. Geneva Pharm., Inc. , 350 F.3d 1181, 1188 (11th Cir. 2003) ). Third, the putative class must fit into at least one of the three class types defined by Rule 23(b). Id.

Relevant to this case, Rule 23(b)(3) permits certification of a class where (1) common questions of law or fact predominate over questions affecting class members individually, and (2) a class action is the superior method for resolving these common questions. Id. A party moving for certification of a Rule 23(b)(3) class in this Court also faces the added hurdle of proposing a cost-effective means of providing notice to putative class members. M.D. Fla. R. 4.04(b).

To certify a subclass within a class action, the moving party must show (1) that the proposed subclass independently satisfies the same prerequisites for certifying a class: standing, numerosity, commonality, typicality, adequacy of representation; and (2) that the subclass falls into at least one of Rule 23(b)'s three class types. See In re Methyl Tertiary Butyl Ether ("MTBE") Prods. Liab. Litig. , 209 F.R.D. 323, 351 (S.D.N.Y. 2002). The party moving to certify any class or subclass ultimately bears the burden of proving that all prerequisites are met. See Brown v. Electrolux Home Prods., Inc. , 817 F.3d 1225, 1233-34 (11th Cir. 2015).

*1295III. DISCUSSION

A. The Proposed Class

Hummel seeks certification of the following damages class:

All persons and entities who, as of the date class notice is issued, are current or former owners of structures located within the State of Florida on which Tamko Heritage Series Shingles are or were installed from 2004 to the present.

(Doc. 106, p. 8). The Court will review each of the requirements for class certification in turn.

1. Standing

A plaintiff's standing to bring and maintain her lawsuit is a fundamental component of a federal court's subject matter jurisdiction. Clapper v. Amnesty Int'l USA , 568 U.S. 398, 133 S.Ct. 1138, 1146, 185 L.Ed.2d 264 (2013). To establish standing, the plaintiff bears the burden of demonstrating that she suffered an actual injury, a causal connection exists between this injury and the defendant's conduct, and her injury is likely to be redressed by a favorable decision. Harrell v. Fla. Bar , 608 F.3d 1241, 1253 (11th Cir. 2010). Prior to summary judgment, these elements are not particularly onerous and will be satisfied by "general factual allegations of injury resulting from the defendant's conduct." Lujan v. Defenders of Wildlife , 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992).

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303 F. Supp. 3d 1288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hummel-v-tamko-bldg-prods-inc-flmd-2017.