cognizable in a reconsideration context, the Court must deny defendants’ alternative motion for reconsideration. Having disposed of defendants’ motion in its entirety, the Court now turns to the issue of whether this Court should decertify plaintiffs’ class pursuant to Fed.R.Civ.P. 28(c)(1). C. Rule 23(c)(1) Reconsideration Federal Rule of Civil Procedure 23(c)(1) provides, in part, that: “An order under this subdivision may be conditional and may be altered or amended before the decision on the merits.” Fed.R.Civ.P. 23(c)(1). Under this Rule, trial courts are permitted to decertify, in whole or in part, any class that had been previously certified if the facts before the Court require such a result. See Miera v. First Sec. Bank of Utah, N. A., 925 F.2d 1237, 1241-12 (10th Cir.1991) (<HOLDING>). Indeed, district courts are required to
holding that a trial court may decertify a class action pursuant to rule 23c1 holding that no class member may opt out of a rule 23b1 class action holding the court was not required to decide the issue of whether the district court properly certified a rule 23b2 class because the court already concluded that the district court appropriately certified the class under rule 23b3 citing authority for the proposition that a court need only find that a class action may be maintained under any of the three subdivisions holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action holding that putative class members are not parties to an action prior to class certification