# Garrett Brown v. Premier Chemicals, LLC

> Court of Appeals for the Ninth Circuit · May 1, 2012 · 472 F. App'x 824

URL: https://www.frixlaw.com/law-library/cases/799125

## Case

- **Full name:** Garrett L. BROWN, Plaintiff-Appellant, v. PREMIER CHEMICALS, LLC, Defendant-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 1, 2012
- **Citations:** 472 F. App'x 824
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Kozinski, McKEOWN, Smith
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/799125

## Opinion text

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NOT FOR PUBLICATION MAY 01 2012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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/799125. Public record. Not legal advice.