STRINGFIELD v. COSENTINO FOOD STORES (2018)

United States Court of Appeals, Eighth Circuit.

Michelle M. STRINGFIELD Plaintiff-Appellant v. COSENTINO'S FOOD STORES Defendant-Appellee

No. 18-1925

Decided: December 18, 2018

Before BENTON, SHEPHERD, and STRAS, Circuit Judges. Michael R. Stallworth, Holman & Schiavone, Kansas City, MO, for Plaintiff-Appellant Michelle M. Stringfield, Pro Se Robert John Hingula, Katharine Sangha, Polsinelli, PC, Kansas City, MO, for Defendant-Appellee

[Unpublished]

Michelle M. Stringfield appeals the adverse judgment the district court ¹ entered, following a bench trial, in her action under the Family and Medical Leave Act (FMLA). Stringfield, a former employee of Cosentino’s Food Stores, alleged that Cosentino impermissibly interfered with her right to take leave under the FMLA. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Upon careful review of the district court record and the parties’ arguments on appeal, this court finds no basis to reverse the district court’s judgment. See Smith v. AS Am., Inc., 829 F.3d 616, 621-22 (8th Cir. 2016) (following bench trial, legal conclusions are reviewed de novo, and findings of fact are reviewed for clear error). There was no error in the district court’s determination that the notice Stringfield gave Cosentino regarding the need to take FMLA leave was untimely, and she was thus not entitled to FMLA leave. See Hasenwinkel v. Mosaic, 809 F.3d 427, 432 (8th Cir. 2015) (to prevail on FMLA entitlement claim, individual must show (1) she was entitled to FMLA leave; (2) her employer was on notice of her need for FMLA leave; and (3) the employer denied her FMLA benefits).

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Beth Phillips, United States District Judge for the Western District of Missouri.

PER CURIAM.