9th Cir.;
15-56423

The court of appeals reversed a judgment and remanded. The court held that the plaintiff's filing of a motion for reconsideration tolled the 14-day deadline for seeking an interlocutory appeal of an order denying class certification.

Troy Lambert sued manufacturer Nutraceutical Corp. for allegedly making false claims about the aphrodisiac properties of a dietary supplement. Lambert stated claims under California's Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act, and sought class certification under Fed. R. Civ. Proc. 23(b)(3). The district court initially granted certification, but, on February 20, 2015, granted Nutraceutical's motion to decertify. On March 2, Lambert advised the court of his intention to file a motion for reconsideration. The district court instructed Lambert to file his motion within ten days. Lambert complied, filing the motion on March 12, 20 days from the date of the district court's decertification order. The district court denied the motion three months later.