Nutraceutical Corp. v. Lambert

• Citation: 139 S.Ct. 710,203 L.Ed.2d 43
• Decision Date: 26 February 2019
• Docket Number: No. 17-1094,17-1094
• Parties: NUTRACEUTICAL CORPORATION, Petitioner v. Troy LAMBERT
• Court: United States Supreme Court

139 S.Ct. 710

203 L.Ed.2d 43

NUTRACEUTICAL CORPORATION, Petitioner

v.Troy LAMBERT

No. 17-1094

Supreme Court of the United States.

Argued November 27, 2018

Decided February 26, 2019

John C. Hueston, Los Angeles, CA, for Petitioner.

Jonathan A. Herstoff, New York, NY, for Respondent.

John C. Hueston, Steven N. Feldman, Joseph A. Reiter, Hueston Hennigan LLP, Los Angeles, CA, for Petitioner.

Gregory S. Weston, Andrew Hamilton, The Weston Firm, San Diego, CA, Jonathan A. Herstoff, Haug Partners LLP, New York, NY, Ronald A. Marron, Michael Houchin, The Law Offices of Ronald A. Marron, San Diego, CA, for Respondent.

Justice SOTOMAYOR delivered the opinion of the Court.

To take an immediate appeal from a federal district court's order granting or denying class certification, a party must first seek permission from the relevant court of appeals "within 14 days after the order is entered." Fed. Rule Civ. Proc. 23(f). This case poses the question whether a court of appeals may forgive on equitable tolling grounds a failure to adhere to that deadline when the opposing party objects that the appeal was untimely. The applicable rules of procedure make clear that the answer is no.

I

In March 2013, respondent Troy Lambert sued petitioner Nutraceutical Corporation in federal court, alleging that its marketing of a dietary supplement ran afoul of California consumer-protection law. The District Court for the Central District of California initially permitted Lambert to litigate on behalf of a class of similarly situated consumers. On February 20, 2015, however, the District Court revisited that decision and ordered the class decertified. From that point, Lambert had 14 days to ask the Court of Appeals for the Ninth Circuit for permission to appeal the order. See Fed. Rule Civ. Proc. 23(f).

Instead of filing a petition for permission to appeal, Lambert informed the District Court at a status conference on March 2 (10 days after the decertification order) that he would "want to file a motion for reconsideration" in the near future. App. to Pet. for Cert. 74. The court told Lambert to file any such motion "no later than" March 12. Id. , at 76. Neither Lambert nor the District Court mentioned the possibility of an appeal.

Lambert filed his motion for reconsideration, in compliance with the District Court's schedule, on March 12 (20 days after the decertification order). The District Court denied the motion on June 24, 2015. Fourteen days later, on July 8, Lambert petitioned the Court of Appeals for permission to appeal the decertification order. Nutraceutical's response argued that Lambert's petition was untimely because more than four months had elapsed since the District Court's February 20 order decertifying the class, far more than the 14 days that Federal Rule of Civil Procedure 23(f) allows. App. 41.

Notwithstanding the petition's apparent untimeliness, the Court of Appeals "deem[ed] Lambert's petition timely" because, in its view, the Rule 23(f) deadline should be "tolled" under the circumstances. 870 F.3d 1170, 1176 (C.A.9 2017). The Court of Appeals reasoned that Rule 23(f)'s time limit is "non-jurisdictional, and that equitable remedies softening the deadline are therefore generally available." Ibid . Tolling was warranted, the court concluded, because Lambert "informed the [District Court] orally of his intention to seek reconsideration" within Rule 23(f)'s 14-day window, complied with the District Court's March 12 deadline, and "otherwise acted diligently." Id., at 1179. On the merits, the Court of Appeals held that the District Court abused its discretion in decertifying the class. Id., at 1182–1184. It reversed the decertification order. Id., at 1184.

In accepting Lambert's petition, the Court of Appeals "recognize[d] that other circuits would likely not toll the Rule 23(f) deadline in Lambert's case."¹ Id., at 1179.

We granted certiorari. 585 U.S. ––––, 138 S.Ct. 2675, 201 L.Ed.2d 1070 (2018).

II

When Lambert filed his petition, Federal Rule of Civil Procedure 23(f) authorized courts of appeals to "permit an appeal from an order granting or denying class-action certification ... if a petition for permission to appeal is filed ... within 14 days after the order is entered."² The Court of Appeals held that Rule 23(f)'s time limitation is nonjurisdictional and thus, necessarily, subject to equitable tolling. While we agree that Rule 23(f) is nonjurisdictional, we conclude that it is not subject to equitable tolling.

Because Rule 23(f)'s time limitation is found in a procedural rule, not a statute, it is properly classified as a nonjurisdictional claim-processing rule. See Hamer v. Neighborhood Housing Servs. of Chicago , 583 U.S. ––––, ––––, 138 S.Ct. 13, 20–21, 199 L.Ed.2d 249 (2017).³ It therefore can be waived or forfeited by an opposing party. See Kontrick v. Ryan , 540 U.S. 443, 456, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004). The mere fact that a time limit lacks jurisdictional force, however, does not render it malleable in every respect. Though subject to waiver and forfeiture, some claim-processing rules are "mandatory"—that is, they are " ‘unalterable’ " if properly raised by an opposing party. Manrique v. United States , 581 U.S. ––––, ––––, 137 S.Ct. 1266, 1272, 197 L.Ed.2d 599 (2017) (quoting Eberhart v. United States , 546 U.S. 12, 15, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005) (per curiam )); see also Kontrick , 540 U.S. at 456, 124 S.Ct. 906. Rules in this mandatory camp are not susceptible of the equitable approach that the Court of Appeals applied here. Cf. Manrique , 581 U.S., at ––––, 137 S.Ct., at 1274 ("By definition, mandatory claim-processing rules ... are not subject to harmless-error analysis").

Whether a rule precludes equitable tolling turns not on its jurisdictional character but rather on whether the text of the rule leaves room for such flexibility. See Carlisle v. United States , 517 U.S. 416, 421, 116 S.Ct. 1460, 134 L.Ed.2d 613 (1996). Where the pertinent rule or rules invoked show a clear intent to preclude tolling, courts are without authority to make exceptions merely because a litigant appears to have been diligent, reasonably mistaken, or otherwise deserving. Ibid. ; see Kontrick , 540 U.S. at 458, 124 S.Ct. 906 ; United States v. Robinson , 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960). Courts may not disregard a properly raised procedural rule's plain import any more than they may a statute's. See Bank of Nova Scotia v. United States , 487 U.S. 250, 255, 108 S.Ct. 2369, 101 L.Ed.2d 228 (1988).

Here, the governing rules speak directly to the issue of Rule 23(f)'s flexibility and make clear that its deadline is not subject to equitable tolling. To begin with, Rule 23(f) itself conditions the possibility of an appeal on the filing of a petition "within 14 days" of "an order granting or denying class-action certification." Federal Rule of Appellate Procedure 5(a)(2) likewise says that a petition for permission to appeal "must be filed within the time specified." To be sure, the simple fact that a deadline is phrased in an unqualified manner does not necessarily establish that tolling is unavailable. See Fed. Rule App. Proc. 2 (allowing suspension of other Rules for "good cause"); Fed. Rule App. Proc. 26(b) (similar) ; Fed. Rule Crim. Proc. 45(b) (similar) ; Fed. Rule Civ. Proc. 6(b) (similar). Here, however, the Federal Rules of Appellate Procedure single out Civil Rule 23(f) for inflexible treatment. While Appellate Rule 2 authorizes a court of appeals for good cause to "suspend any provision of these rules in a particular case," it does so with a conspicuous caveat: "except as otherwise provided in Rule 26(b)." Appellate Rule 26(b), which generally authorizes extensions of time, in turn includes this express carveout: A court of appeals "may not extend the time to file ... a petition for permission to appeal." Fed. Rule App. Proc. 26(b)(1). In other words, Appellate Rule 26(b) says that the deadline for the precise type of filing at issue here may not be extended. The Rules thus express a clear intent to compel rigorous enforcement of Rule 23(f)'s deadline, even where good cause for equitable tolling might otherwise exist.

Precedent confirms this understanding. Carlisle , 517 U.S. 416, 116 S.Ct. 1460, 134 L.Ed.2d 613, and Robinson , 361 U.S. 220, 80 S.Ct. 282, 4 L.Ed.2d 259, both centered on Federal Rule of Criminal Procedure 45(b), an extension-of-time provision that parallels Appellate Rule 26(b). Carlisle addressed Rule 45(b)'s interaction with the time limit in Criminal Rule 29 for filing a postverdict motion for judgment of acquittal. See 517 U.S. at 419–423, 116 S.Ct. 1460. Rule 45(b), as it was then written, made clear that " ‘the court may not extend the time for taking any action’ " under Rule 29, " ‘except to the extent and under the conditions’ " stated therein. Id., at 421, 116 S.Ct. 1460. Because the Court found the text's purpose to foreclose acceptance of untimely motions "plain and unambiguous," the Court held that the District Court lacked that authority. Ibid. Likewise, in Robinson , the Court held that an earlier iteration of Rule 45(b) that said " ‘the court may not enlarge ... the period for taking an appeal’ " prohibited a court from accepting a notice of appeal that was untimely filed. 361 U.S. at 224, 80 S.Ct. 282 (quoting Fed. Rule Crim. Proc. 45(b) ).

Because Rule 23(f) is not amenable to equitable tolling, the Court of Appeals erred in accepting Lambert's petition on those grounds.

III

Lambert resists the foregoing conclusion on a variety of grounds. None withstands scrutiny.

Most pertinently, Lambert argues that the above-mentioned Rules are less emphatic than they first appear. Rule 26(b)'s general grant of authority to relax time limits, he notes, refers both to "extend[ing]" the time to file a petition for permission to appeal and "permit[ting]" a petition to be filed after the deadline. See Fed. Rule App. Proc. 26(b) ("For good cause, the court may extend the time...