Beck

We may exercise our discretion to review a district court’s Rule 23 class action certification order only if an “application is made to [us] within ten days after entry of the [district court’s] order.” Fed.R.Civ.P. 23(f). We consider whether Saturdays, Sundays and legal holidays are excluded from the ten-day deadline.

I

The district court entered an order under Fed.R.Civ.P. 23 on October 22, 2001, certifying a class of female employees at Boeing’s Puget Sound facilities who alleged that the company’s policies discriminated against them on the basis of sex. Boeing objected and filed its Fed.R.Civ.P. 23(f) petition fourteen days later, on November 5, 2001. Fed.R.Civ.P. 6(a) provides that “[w]hen the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.” Because the ten-day window provided by Rule 23(f) is “less than 11 days” and four intermediate days in the fourteen-day period between the district court’s order and Boeing’s petition were Saturdays and Sundays, the petition was timely (14 — 4 = 10) under Civil Rule 6(a).

Plaintiffs argue that the applicable computation rule…