No. 10-17497.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted April 17, 2012.
Filed May 1, 2012.
Brian Morris, Reno, NV, for Plaintiff-Appellant.
*825Christina F. Gomez, Holland & Hart, LLP, Denver, CO, Anthony Lucas Hall, Esquire, Dora Lane, Esquire, Holland & Hart LLP, Reno, NV, for Defendant-Appellee.
Before: KOZINSKI, Chief Judge, McKEOWN and N.R. SMITH, Circuit Judges.
MEMORANDUM *
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. ยง 825.306.
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.
472 F. App'x 824
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