If the petition was untimely, then we lack jurisdiction to consider the petition. In contrast, a class certification order is no final judgment. See Blair v. Equifax Check Servs. Plaintiffs argue that when a statute like Rule 5 is silent about the effect of a motion for reconsideration, the Supreme Court has announced a common law default rule that a motion for reconsideration tolls the time to appeal. Appellate review of a class certification order should be an avenue of last resort.
Interlocutory appeals are inherently disruptive, time-consuming, and expensive.
Because the district court retains the ability, and perhaps even a duty, to alter or amend a certification decision, a motion for reconsideration of a class certification order is a better way to correct any errors in the certification order or to recognize the importance of new facts. Here, the 10-day period initially began to run on 22 June 2000 when the clerk entered the order denying class certification. Plaintiffs timely filed a motion for reconsideration on 5 July 2000 and the 10-day time limit began to run on 2 August 2000 when the clerk entered the order denying the motion for reconsideration. The pertinent period spans two weekends, that is, four days, that do not count against the time to appeal. Advisory Committee Notes.