Assignment task:
Fly by Day, but Mostly by Night (FDMN), a Santa Fe based construction company constructed and sold 101 single-family adobe/earth-ship homes. In 91 houses, the roofs began to fail during the first monsoon after construction. The damp environment caused damage to the carefully baked adobe bricks.
The cost of repair to the damaged houses were between $100,000 to $125,000 on average. Entire sections of the house had to be torn down and repaired. The worker shortage nationally made the timeline for repairs rather long.
Most of the neighborhood's occupants are hippies. Hippies don't believe in marriage or patriarchy, so most of the affected houses are owned by single people with only two owned by married couples. The hippies spent countless hours waving sage brush and crystals to smooth out the vibes. They thought this would restore their homes. They were wrong.
Hippy #1 owns one adobe/earth-ship (a.k.a. hippy hovel home), and Hippy #2 owns another. In the appropriate United States district court, the two owners jointly sue the builder for breach of warranties of workmanship and special expertise, breach of contract, and Unfair Practices. Assume that the court has proper jurisdiction and venue.
The cost of repairs to Hippy #1's house is $100,000. The cost of repairs to Hippy #2's house is $110,000; In addition to these compensatory damages, each owner seeks punitive damages of $500,000 associated with the Unfair Practices Act claim. The hippies plan on using the punitive damages funds to start a tie-dye t-shirt business because they got a taste of capitalism and they liked it.
The two homeowners seek to represent a class consisting of the 93 people who own the 91 affected houses. The attorney, Sherman Schmegal, "The Legal Eagle," an esteemed Taos, NM area attorney with 30 years of experience suing construction companies, has moved the court of class certification over opposition by FDMN. Hippy #2 wants to throw his entire million-dollar trust fund, which was gifted to him by his industrialist grandfather, at the case saying, "Like, because, I'm being, like, oppressed, man."
How should the judge rule on the motion to certify the class?
Please also Explain, limiting your answer to the requirements of Fed. R. Civ. P. 23(a) (Rule 23(a)) for class certification.
Please use IRAC format to answer the question