Foraker

MEMORANDUM **

Appellant Wayne Foraker alleges that the Appellee Apollo Group Inc. interfered with his right to take medical leave in 2004 and 2005, in violation of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2615 (a)(1). Appellant alleges that the Appellee interfered with his exercise of FMLA rights by (1) failing to award him discretionary bonuses, (2) issuing three undeserved performance evaluations, (3) taking away his company-provided cellular phone and Wall Street Journal subscription, (4) refusing to interview him for a job, (5) removing his name from the Institutional Review Board meeting notification list, (6) taking away a promotion and pay raise, and (7) placing him on paid administrative leave. The district court granted the University’s motion for summary judgment as to the first five claims. Appellant appeals that decision. We affirm.

The district court properly dismissed Appellant’s claim regarding lost bonuses. The undisputed evidence established that Appellant stopped receiving bonuses in mid-2003 rather than mid-2004. Accordingly, he cannot claim that any loss of bonuses resulted from his 2004 FMLA leave. In his reply brief on appeal, Appellant alleges…