Thomas v. Louisiana-Pacific Corp.

246 F.R.D. 505, 69 Fed. R. Serv. 3d 564, 2007 U.S. Dist. LEXIS 79709, 2007 WL 3085426
CourtDistrict Court, D. South Carolina
DecidedJune 5, 2007
DocketC.A. No. 2:05-1515-PMD
StatusPublished
Cited by9 cases

This text of 246 F.R.D. 505 (Thomas v. Louisiana-Pacific Corp.) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Louisiana-Pacific Corp., 246 F.R.D. 505, 69 Fed. R. Serv. 3d 564, 2007 U.S. Dist. LEXIS 79709, 2007 WL 3085426 (D.S.C. 2007).

Opinion

ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the court upon Plaintiffs’ Motion for Class Certification. A hearing was held on June 4, 2007 at 10:00 a.m. For the reasons set forth herein, the court grants Plaintiffs’ Motion for Class Certification.

BACKGROUND

Named Plaintiffs Cindy Thomas (“Thomas”), F. Renee Gaters (“Gaters”), and Loren Chamberlain (“Chamberlain”) own real estate in Charleston County, South Carolina. (Am.Compl. ¶¶ 1-3.) Plaintiffs allege their homes were constructed with an exterior trim product that was “designed, manufactured, marketed, sold and distributed by the Defendants.” (Am.Compl. ¶ 4.) Specifically, Plaintiffs assert Defendants designed, manufactured, and sold a manufactured wood exterior trim product known as TrimBoard “for use as fascia, soffit, corner board, window trim, door trim and general exterior use on homes, apartments, condominiums, buildings and other structures.” (Am.Compl. ¶ 12.) According to Plaintiffs, Defendants “represented and marketed their TrimBoard product as being a low maintenance product that would save on painting costs and [was] superior to real wood trim products.” (Am. Compl. ¶ 13.) Despite the fact that Defendants are alleged to hold themselves out as “being knowledgeable in the design and manufacture of exterior building products and as being providers of quality building products” (Am.Compl. ¶ 11), Plaintiffs allege that Trim-Board “is defective and fails to perform as intended because it prematurely deteriorates, rots, swells, buckles, splits, checks, cracks, delaminates, absorbs water, w[ar]ps, and/or bulges under normal conditions and expo[507]*507sure; causes consequential water and structural damage; and promotes the growth of health-threatening mold, mildew, fungi, termites and other insects in the structures on which it is installed.” (Am.Compl. ¶ 14.) Plaintiffs further allege that Defendants’ failure to label TrimBoard, combined with their knowledge that most end-users will not buy TrimBoard directly from Defendants, constitutes an attempt to avoid warranty claims. (Am.Compl. ¶ 20.) Plaintiffs thus bring action against Defendants, asserting the following causes of action: (1) breach of express warranty; and (2) breach of implied warranties of merchantability, habitability, and fitness for particular purpose. (See Am. Compl.)1

On March 15, 2007, Plaintiffs filed a Motion for Class Certification. Plaintiffs request the court certify the class as follows:

All persons, firms, corporations, and other entities who own homes, apartments, condominiums, buildings and other structures in Charleston County, South Carolina on which Defendants’ TrimBoard product is installed, excluding any structure owned by any federal, state or local government, and any structures owned by Defendants or any of their subsidiaries, affiliates or employees.

(Mem. in Supp. at 5.) Plaintiffs “seek[] a class designation as an opt-out class, unless the Court deems otherwise.” (Mem. in Supp. at 5.)

STANDARD

Plaintiff carries the burden of establishing each of the requirements for a class action are satisfied. See Thorn v. Jefferson-Pilot Life Ins. Co., 445 F.3d 311, 321 (4th Cir.2006); Gariety v. Grant Thornton, LLP, 368 F.3d 356, 362 (4th Cir.2004) (“The plaintiffs who propose to represent the class bear the burden of demonstrating that the requirements of Rule 23 are satisfied.”); Lienhart v. Dryvit Sys., Inc., 255 F.3d 138, 146 (4th Cir.2001) (“The party seeking class certification bears the burden of proof.”); Windham v. Am. Brands, Inc., 565 F.2d 59, 65 n. 6 (4th Cir.1977) (en banc) (“It is well-settled in this jurisdiction that the proponent of class certification has the burden of establishing the right to such certification under Rule 23.”).

At this stage, the class representative need not establish its case on the merits. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177-78, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974). Nevertheless, some preliminary inquiry into the merits may be necessary for an intelligent determination of whether to certify the class. See Shelton v. Pargo, Inc., 582 F.2d 1298, 1312-13 (4th Cir.1978). Questions regarding the certification of a class action are left to the sound discretion of the district court and any such decision by the court will only be reversed upon a showing of abuse of that discretion. Stott v. Haworth, 916 F.2d 134, 139 (4th Cir.1990).

ANALYSIS

As stated by the Fourth Circuit in Gunnells v. Healthplan Services, Inc., 348 F.3d 417 (4th Cir.2003),

Class actions must meet several criteria. First, the class must comply with the four prerequisites established in Rule 23(a): (1) numerosity of parties; (2) commonality of factual and legal issues; (3) typicality of claims and defenses of class representatives; and (4) adequacy of representation. Fed.R.Civ.P. 23(a). Second, the class action must fall within one of the three categories enumerated in Rule 23(b)....

Gunnells, 348 F.3d at 423. As in Gunnells, the Plaintiffs in the case sub judice seek to proceed under Rule 23(b)(3), which provides,

the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available meth[508]*508ods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

Fed.R.Civ.P. 23(b)(3).

A. Numerosity of the Parties

Rule 23(a)(1) requires that the class be “so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). “There is no mechanical test for determining whether in a particular case the requirement of numerosity has been satisfied. The issue is one primarily for the District Court, to be resolved in light of the facts and circumstances of the particular case.” Kelley v. Norfolk & W. Ry. Co., 584 F.2d 34, 35 (4th Cir.1978). In Kelley, the Fourth Circuit found no error in the district court’s determination that the numerosity requirement was not satisfied in a discrimination case where there were sixty-seven black employees, only eight of which were qualified for promotion, and there were twenty-five promotions during the time period in question. Id. at 35-36.

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Bluebook (online)
246 F.R.D. 505, 69 Fed. R. Serv. 3d 564, 2007 U.S. Dist. LEXIS 79709, 2007 WL 3085426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-louisiana-pacific-corp-scd-2007.