Yanaki v. Iomed

Plaintiff-Appellant Peggy Green sued her former employer, Defendant-Appellee State of New Mexico Department of Labor ("DOL"), and her former supervisor, Susan Sosaya, alleging discriminatory discharge on the basis of sex in violation of (1) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; (2) the New Mexico Human Rights Act ("NMHRA"), N.M. Stat. Ann. § 28-1-1 et seq.; and (3) 42 U.S.C. § 1983. The Defendants moved for summary judgment on all claims, Ms. Green responded, and the Defendants replied. After the District Court refused to grant Ms. Green leave to file a written surreply, it granted the Defendants motion on the basis that Ms. Green had failed to establish a genuine issue of material fact on whether the DOLs proffered reasons for firing her were pretextual.Ms. Green timely appeals this ruling, as well as the District Courts decision regarding the surreply. We take jurisdiction under 28 U.S.C. § 1291 and AFFIRM.