Sanchez-Knutson v. Ford Motor Co.

310 F.R.D. 529, 2015 U.S. Dist. LEXIS 144857, 2015 WL 6395040
CourtDistrict Court, S.D. Florida
DecidedOctober 7, 2015
DocketCASE NO. 14-61344-CIV-DIMITROULEAS
StatusPublished
Cited by6 cases

This text of 310 F.R.D. 529 (Sanchez-Knutson v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez-Knutson v. Ford Motor Co., 310 F.R.D. 529, 2015 U.S. Dist. LEXIS 144857, 2015 WL 6395040 (S.D. Fla. 2015).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S RENEWED MOTION FOR CLASS CERTIFICATION

WILLIAM P. DIMITROULEAS, United States District Judge

THIS CAUSE is before the Court upon Plaintiff Angela Sanehez-Knutson (“Plaintiff’ [533]*533or “Sanchez-Knutson”)’s Renewed Motion for Class Certification [DE 96]. The Court has considered the Motion [DE 96], Defendant Ford Motor Company (“Defendant” or “Ford”)’s Response [DE 104], Plaintiffs Reply [DE 114], Defendant’s Sur-Reply [DE 125], the evidence submitted in the record, arguments by counsel at the September 24, 2015 hearing, and is otherwise fully advised in the premises.

J. BACKGROUND

This action arises out Defendant Ford’s sale of Ford Explorer model vehicles with an allegedly dangerous and defective condition that allows the exhaust and other gases to enter the passenger compartment of the vehicle during normal use.

On or about June 9, 2014, Plaintiff Angela Sanchez-Knutson filed her original Complaint in this action [DE 1], followed soon after by a Motion to Certify Class [DE 5]. The Court denied without prejudice the first Motion to Certify as premature, allowing Plaintiff to refile a class certification motion at a later stage in the litigation. See [DE 20]. On October 7, 2014, the Court entered an Order Denying Ford’s Motion to Dismiss, and ordered Defendant to answer the Complaint. See [DE 33]. However, pursuant to a joint stipulation between the parties, Plaintiff filed a First Amended Complaint on October 16, 2014. On October 31, 2014, the Court entered an Order Denying Defendant’s Motion to Dismiss the First Amended Class Action Complaint, standing by its rulings in its October 7, 2014 Order. See [DE 37]. On November 14, 2014, Defendant filed its Answer and Affirmative Defenses to the First Amended Class Action Complaint. [DE 44].

On March 26, 2015, the parties stipulated to allowing Plaintiff to file a Second Amended Class Action Complaint, which she filed on March 30, 2015. [DE’s 69, 85]. On July 22, 2015, the Court entered an Order Granting in Part and Denying in Part Motion to Dismiss the Second Amended Class Action Complaint. [DE 110]. Accordingly, the Second Amended Class Action Complaint [DE 85] is the operative complaint in this action, subject to the Court’s July 22, 2015 dismissals of Plaintiffs nationwide Magnuson-Moss claims and Plaintiffs claims regarding her proposed Florida All Model Class. Defendant filed its Answer and Defenses to the Second Amended Class Action Complaint on August 5, 2015. [DE 113].

Thus, the following claims remain at issue in the present litigation: (1) Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. (“FDUTPA”); (2) Breach of Express Warranty, Fla. Stat. § 672.313; and (3) Breach of Implied Warranty, Fla. Stat. § 672.313.

Plaintiff alleges that the new 2013 Ford Explorer she purchased from an authorized Ford dealership in Gainesville, Florida was dangerous and defective at the time she purchased it because its design and exhaust and/or HVAC systems permitted an exhaust odor, exhaust and other gases, including carbon monoxide (“CO”), to enter the passenger compartment of the vehicle. She alleges that this defect is latent in nature because it is not obvious or ascertainable upon reasonable examination or inspection. Plaintiff alleges that she and the members of the proposed class reasonably expect to operate their Ford Explorers during its normal and customary use free from exposure to lethal quantities of carbon monoxide and other potentially dangerous gases.

Plaintiff alleges that Ford knew about this defect but failed to disclose this defect to Plaintiff and other members of the putative class. Plaintiff also alleges that Ford has failed to effectively fix the defects that permit exhaust and other gases, including CO, to enter the passenger compartment of the subject vehicles, nor has it covered the expenses associated with correcting the defect.

Plaintiff proposes a putative class in this case, consisting of:

All persons who purchased or leased in Florida at least one of the following vehicles: 2011 Ford Explorer, 2012 Ford Explorer, 2013 Ford Explorer, 2014 Ford Explorer, and 2015 Ford Explorer.

II. DISCUSSION

Parties seeking class action certification must satisfy the four requirements of Federal Rule of Civil Procedure 23(a), commonly [534]*534referred to as numerosity, commonality, typicality and adequacy of representation. Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 613, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997). Parties moving for class certification bear the burden of establishing each element of Rule 23(a). London v. Wal-Mart Stores, 340 F.3d 1246, 1253 (11th Cir.2003). If the party seeking class certification fails to demonstrate any requirement, the case may not continue as a class action. Jones v. Roy, 202 F.R.D. 658, 662 (M.D.Ala.2001). Specifically, the four requirements of Rule 23(a) are:

(1) the class is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4) the representative parties will fairly and adequately protect the interests of the class.

Fed. R. Civ. P. 23(a).

In addition to meeting the four requirements of Rule 23(a), parties seeking class certification must prove that the action is maintainable under one of the three subsections of Rule 23(b). Amchem Prods., 521 U.S. at 614, 117 S.Ct. 2231. Here, Plaintiff asserts that class certification is appropriate pursuant to Rule 23(b)(2) and, alternatively, 23(b)(3). Rule 23(b)(2) requires that “the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” Fed. R. Civ. P. 23(b)(2). Class certification under Rule 23(b)(3) is appropriate when (1) “questions of law or fact common to the members of the class predominate over any questions affecting only individuals members,” and when (2) “a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.” Fed. R. Civ. P. 23(b)(3).

In deciding whether to certify a class, a district court has broad discretion. Washington v.

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Bluebook (online)
310 F.R.D. 529, 2015 U.S. Dist. LEXIS 144857, 2015 WL 6395040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-knutson-v-ford-motor-co-flsd-2015.