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CITY OF BELDING, MICHIGAN; DENNIS COOPER,
THOMAS JONES, and MIKE SCHEID, in their official
capacities as members of the City Council of Belding
and in their personal capacities; RONALD GUNDERSON
and JEROME LALLO, in their official capacities as
members of the City Council of Belding,
| No. 16-2198|
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:15-cv-00297—Robert J. Jonker, District Judge.
Argued: April 27, 2017
Decided and Filed: August 23, 2017
Before: MERRITT, BATCHELDER, and CLAY, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. Margaret Mullendore served as the City
Manager for the City of Belding, Michigan. In January 2015, she notified the members of
Belding’s City Council—all five of whom are defendants—that she would be taking time off due
to a surgery and indicated that she would be able to work remotely while recovering. While she
was away from the office, the city council voted to terminate her employment, citing her role in
causing political strife in the community. She sued under the Family and Medical Leave Act
(FMLA). The district court granted summary judgment to the defendants, holding that
Mullendore had not given sufficient notice that she would be taking FMLA leave, and that, in
any event, the defendants provided a non-discriminatory reason for the termination. For the
following reasons, we AFFIRM the district court’s order granting summary judgment to the