Kevin Sterling v. City of New Roads, et al, No. 10-30113 (5th Cir. 2010)

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Case: 10-30113 Document: 00511154674 Page: 1 Date Filed: 06/25/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 25, 2010 No. 10-30113 Summary Calendar Lyle W. Cayce Clerk KEVIN STERLING, Plaintiff-Appellant v. CITY OF NEW ROADS; COLUMBIA CASUALTY COMPANY, Defendants-Appellees Appeal from the United States District Court For The Middle District of Louisiana Civil Action No. 08-cv-424 Before REAVLEY, JOLLY, and OWEN, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for this reason: Mr. Sterling took leave from his employment with the City of New Roads pursuant to the Family Medical Leave Act. When his leave expired, Mr. Sterling did not furnish his employer with certification that he was able to resume work. Mr. Sterling s failure to provide the City with certification of his fitness for duty bars his action claiming entitlement to reinstatement under 29 U.S.C. § 2614(a). The district court correctly rendered judgment to * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-30113 Document: 00511154674 Page: 2 Date Filed: 06/25/2010 No. 10-30113 this effect. Mr. Sterling admitted in his deposition that he received notice advising him of his rights and obligations under COBRA. He deliberately elected not to continue COBRA coverage. No reasonable jury could conclude that Mr. Sterling received no communication from the City. The district court correctly rendered judgment that Mr. Sterling s claim regarding COBRA is meritless. Judgment AFFIRMED.

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