Lest there was any uncertainty on the topic, in Gelder v. Coxcom Inc. (pdf), the Tenth Circuit has now made clear that when a party moves for reconsideration of an order granting or denying class certification, the time for filing a petition for permission to appeal under Rule 23(f) runs from the date of the order resolving the motion for reconsideration.  The court rejected the contention that the motion for reconsideration merely tolls the time for filing the petition for review such that the time it takes to file the motion for reconsideration is deducted from the 14 days that Rule 23 (f) affords the losing party to file the petition for review.  It instead held, consistent with the rule in appeals from final judgments, that the losing party has the full amount of time to petition from the date of action on the motion for reconsideration.

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