PER CURIAM:
Pursuant to Federal Rule of Civil Procedure 23(f), petitioners Wendy Fleischman and Cindy Cullen petition for leave to appeal from an order of the United States District Court for the Northern District of New York (McAvoy, J.), entered February 16, 2010, denying their motion to amend or alter a previously entered partial grant of class certification. Petitioners argue on appeal that the district court erred in refusing to recognize evidentiary developments warranting an amendment. Because this petition was filed more than eighteen months after Rule 23(f)'s deadline for interlocutory appeals, we dismiss it on the ground that petitioners have not filed a timely petition with respect to an order reviewable pursuant to Rule 23(f).
On June 20, 2006, Marjory Unger, a registered nurse ("RN"), filed a complaint "on behalf of herself and all others similarly situated," alleging that various hospital owners and operators in the Albany-Schenectady-Troy metropolitan area had conspired to depress the compensation of RNs in violation of the Sherman Antitrust Act, 15 U.S.C. § 1. An amended complaint, filed in March 2007, substituted petitioners Wendy Fleischman and Cindy Cullen, also RNs employed in the region, as representative plaintiffs.
Following the completion of class discovery, which was bifurcated from merits discovery pursuant to the order of a magistrate judge, petitioners moved under Federal Rule of Civil Procedure 23 to certify a class of "[a]ll persons employed by any defendant or co-conspirator to work in a hospital in the Albany [metropolitan area] as an RN at any time from June 20, 2002 until the present." Pet'rs' Mem. in Supp. of Mot. for Class Certification 5. They estimated that approximately 2,300 individuals would comprise this class. In an order entered on July 28, 2008, the district court granted petitioners' class certification motion in part. The district court determined that, while petitioners had satisfied their burden with respect to the requirements of Rule 23(a), they had not entirely met their burden with respect to the predominance requirement of Rule 23(b)(3).
Respondents subsequently moved for reconsideration to clarify the district court's order as to whether it had certified a class on the second count of the complaint.
Upon completion of discovery, petitioners moved to amend the class certification order pursuant to Rule 23(c)(1)(C). Based on the expert reports of their economists, petitioners sought certification of "the issues of impact and damages, but solely as to a narrower class of registered nurses. . . that includes only the core group of Staff Registered Nurses." On February 16, 2010, the district court entered an order denying the motion. It concluded that petitioners had not presented new facts, but rather a new methodology for assessing the facts that "relie[d] on information that was readily available to Plaintiffs at the time of the initial motion." Such a "change in methodology," according to the court, did not "constitute the requisite changed circumstances" to merit amending the certification. In addition, the court found that petitioners had not shown that common proof could be used to show injury in fact and damages, even for the proposed smaller class. Pursuant to Rule 23(f), petitioners filed a petition with this Court, seeking leave to appeal the denial of their motion.
Rule 23(f), which governs interlocutory appeals from "order[s] granting or denying class-action certification," provides that this Court may permit such an appeal "if a petition for permission to appeal is filed with the circuit clerk within 14 days after the order is entered."
Construing the Rule as petitioners urge would be contrary to Rule 23(f)'s aim of providing an opportunity for interlocutory appeal, but confining that opportunity within narrow limits, so as to avoid disruption and delay to the proceedings below. If denial of amendment to an order granting class certification were sufficient to reset the clock for appeal, a litigant could easily circumvent Rule 23(f)'s deadline by filing a motion to amend or decertify the class at any time after the district court's original order, then petitioning for leave to appeal within fourteen days from the denial of that motion. Indeed, this case aptly demonstrates why Rule 23(f)'s limit is essential. Here, petitioners seek to take an interlocutory appeal more than eighteen months after the original decision by the district court to certify the class in part. We decline to render a holding that would "leave Rule 23(f)'s deadline toothless," In re DC Water & Sewer Auth., 561 F.3d 494, 496-97 (D.C.Cir.2009).
We conclude that an interlocutory appeal pursuant to Rule 23(f) may not properly be taken from an order denying amendment to a previous order granting class certification, at least when the motion to amend is filed more than fourteen days after the original order granting class certification.
For the foregoing reasons, the petition for leave to appeal is