Page:Nutraceutical Corporation v. Troy Lambert.pdf/11

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Cite as: 586 U. S. ___ (2019)

9

Opinion of the Court

timely motion for reconsideration filed within a window to appeal does not toll anything; it “renders an otherwise final decision of a district court not final” for purposes of appeal. United States v. Ibarra, 502 U. S. 1, 6 (1991) (per curiam). In other words, it affects the antecedent issue of when the 14-day limit begins to run, not the availability of tolling. See id., at 4, n. 2 (noting that this practice is not “a matter of tolling”).^[1]

IV

Lambert devotes much of his merits brief to arguing the distinct question whether his Rule 23(f) petition was timely even without resort to tolling. First, he argues that, even if his motion for reconsideration was not filed within 14 days of the decertification order, it was filed within the time allowed (either by the Federal Rules or by the District Court at the March 2 hearing). The timeliness of that motion, Lambert contends, “cause[d] the time to appeal to run from the disposition of the reconsideration motion, not from the original order.” Brief for Respondent 8; see id., at 9–18. Alternatively, he argues that the District Court’s order denying reconsideration was itself “an order granting or denying class-action certification” under
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↑ We therefore have no occasion to address the effect of a motion for reconsideration filed within the 14-day window. Moreover, because nothing the District Court did misled Lambert about the appeal filing deadline, see supra, at 1–2, we similarly have no occasion to address the question whether his motion would be timely if that had occurred. See Carlisle v. United States, 517 U. S. 416, 428 (1996); id., at 435–436 (Ginsburg, J., concurring) (discussing Thompson v. INS, 375 U. S. 384, 386–387 (1964) (per curiam), and Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U. S. 215, 216–217 (1962) (per curiam)). We also have no occasion to address whether an insurmountable impediment to filing timely might compel a different result. Cf. Fed. Rule App. Proc. 26(a)(3) (addressing computation of time when “the clerk’s office is inaccessible”).

[1] We therefore have no occasion to address the effect of a motion for reconsideration filed within the 14-day window. Moreover, because nothing the District Court did misled Lambert about the appeal filing deadline, see supra, at 1–2, we similarly have no occasion to address the question whether his motion would be timely if that had occurred. See Carlisle v. United States, 517 U. S. 416, 428 (1996); id., at 435–436 (Ginsburg, J., concurring) (discussing Thompson v. INS, 375 U. S. 384, 386–387 (1964) (per curiam), and Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U. S. 215, 216–217 (1962) (per curiam)). We also have no occasion to address whether an insurmountable impediment to filing timely might compel a different result. Cf. Fed. Rule App. Proc. 26(a)(3) (addressing computation of time when “the clerk’s office is inaccessible”).

[1]