Vigil v. New Mexico Public Education Department

Filing 127

ORDER by District Judge Kenneth J. Gonzales granting in part and denying in part 84 Defendant's Motion for Summary Judgment Regarding Counts I, III and V; granting 86 Defendant's Motion for Summary Judgment Regarding Counts II, III and IV; and denying 89 Plaintiff's Motion for Partial Summary Judgment. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
NORMAN VIGIL,
Plaintiff,
v.

No. 1:16-cv-00047 KG/KK

NEW MEXICO PUBLIC EDUCATION DEPARTMENT,
Defendant.
ORDER
This matter comes before the Court upon “Defendant’s Motion for Summary Judgment
Regarding Plaintiff’s Claims of Disability Discrimination and Retaliation Based on the ADAAA
and HRA [Count I and III] and his Common Law Claim of Constructive Discharge [‘Primary
Summary Judgment Motion’]” (“Defendant’s First Motion for Summary Judgment”) (Doc. 84);
“Defendant’s Motion for Summary Judgment Regarding Plaintiff’s Claims of Sex
Discrimination [Counts II and III] and Retaliation Based on The Whistleblower Protection Act
[Count IV] [‘Second Motion for Summary Judgment’]” (Doc. 86); and “Plaintiff’s Motion and
Memorandum for Partial Summary Judgment that his Employer-Caused Disability Does Not Cut
off Back or Front Pay” (“Plaintiff’s Motion for Partial Summary Judgment”). (Doc. 89).
The Court conducted a hearing on March 27, 2018, in which it briefly explained its
reasons for granting, in part, and denying, in part, Defendant’s First Motion for Summary
Judgment; granting Defendant’s Second Motion for Summary Judgment; and denying Plaintiff’s
Motion for Partial Summary Judgment. Full written opinions which will constitute the
appealable orders shall follow. This decision is not final and is not an appealable order.

_________________________________
UNITED STATES DISTRICT JUDGE