GARRETT BROWN V. PREMIER CHEMICALS, LLC, No. 10-17497 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 01 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GARRETT L. BROWN, Plaintiff - Appellant, No. 10-17497 D.C. No. 3:08-cv-00635-KJDGWF v. PREMIER CHEMICALS, LLC, MEMORANDUM * Defendant - Appellee. Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding Argued and Submitted April 17, 2012 San Francisco, California Before: KOZINSKI, Chief Judge, McKEOWN and N.R. SMITH, Circuit Judges. 1. The district court granted summary judgment in error, because a genuine issue of fact exists as to whether the August 2 Family Medical Leave Act (FMLA) certification form was sufficient under 29 C.F.R. § 825.306. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 2. Because the district court did not address whether Brown qualified for FMLA leave, we remand this case to the district court to make that determination in the first instance. REVERSED and REMANDED.

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