In Gutierrez v. Johnson & Johnson, the Third Circuit joined a growing consensus of Circuit Courts holding that Rule 23(f)’s ten-day time limit for interlocutory appeals of class certification orders is “strict and mandatory.” The District Court for New Jersey had denied plaintiffs’ motion for class certification. A month later, plaintiffs requested leave to file a reconsideration motion. After the district court denied the reconsideration motion, plaintiffs filed their Rule 23(f) motion for review in the Third Circuit within ten business days. The Third Circuit rejected plaintiffs’ argument that their interlocutory appeal was timely filed, holding that it was the district court’s denial of the motion for class certification – not the motion for reconsideration – that started the running of the ten-day period. “The fact that the District Court extended the time for Petitioners to file their Motion to Reconsider beyond the time limit within which to file a timely Rule 23(f) petition does not change our determination that Petitioners’ petition was untimely.” While the Third Circuit did note that a motion for reconsideration filed in district court within ten days of the ruling will toll the Rule 23(f) time limit, the court held that plaintiffs’ motion for reconsideration was not “timely and proper.” The Third Circuit’s opinion is consistent with previous decisions in the Fifth, Seventh, Tenth and Eleventh Circuits which have also rejected attempts at circumventing Rule 23(f)’s ten-day deadline.