The opinion
FILED
NOT FOR PUBLICATION MAY 01 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GARRETT L. BROWN, No. 10-17497
Plaintiff - Appellant, D.C. No. 3:08-cv-00635-KJD-
GWF
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.