under N.D. Tex. Civ. R. 56.5(b), can be up to 50 pages long), DISD has filed a • 24 page motion and -Bennett has filed a 30 page response. The court has explained in prior opinions and orders why .lengthy motions and responses are not permitted under the court's local summary judgment rules. Both sides must avoid such filings in the future and should seek clarification from the court if they do not understand how the rules operate; 6 . It is unclear whether the mixed-motive alternative to rebutting a defendant-employer’s proffered legitimate reasons is still viable in ADA discrimination claims. In 2008, the Fifth Circuit held that the mixed-motive alternative, or "motivating factor” test, applied in ADA discrimination claims. See Pinkerton v. Spellings, 529 F.3d 513, 519 (5th Cir.2008) (<HOLDING>). But subsequent to Pinkerton, the Supreme
holding that under ada discrimination need not be the sole reason for the adverse employment decision but must actually play a role in the employers decision making process and have a determinative influence on the outcome citation internal quotation marks and alterations omitted recognizing that party is not permitted to use the accident of a remand to raise an issue that it could just as well have raised in the first appeal internal quotation marks and alterations omitted holding that the party seeking a new trial must make an affirmative showing that some extraneous influence came to bear on the jurys deliberations internal quotation marks and citation omitted holding that the act of slamming  is objectively sufficiently serious to state a claim for relief under the eighth amendment alterations and some internal quotation marks omitted recognizing that absent illegality we do not weigh the wisdom of any particular employment decision internal quotation marks and citation omitted