During the discovery process Van requested, and PMC refused to provide, a copy of the COMP contract between PMC and Agusta. PMC moved for a protective order and, after Van failed to object, the district court granted PMC’s motion. Six months later Van moved for reconsideration, arguing that the COMP contract was relevant, but the district court denied that motion. Van appeals that determination to this Court.
PMC moved for summary judgment against Van arguing that Van (1) did not comply with the notice requirements of the Idaho Tort Claims Act (ITCA), (2) failed to establish a prima facie case of wrongful termination under Idaho’s Whistleblower Act, and (3) failed to establish a prima facie case of breach of employment contract. The district court granted PMC’s motion and Van appeals that decision to this Court.
II.
A. Standard of Review
When reviewing an order for summary judgment, the standard of review used by this Court is the same standard used by the district court in ruling on the motion. P.O. Ventures, Inc. v. Loucks Family Irrevocable Trust, 144 Idaho 233, 237, 159 P.3d 870, 874 (2007). Summary judgment, is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Idaho R. Civ. P. 56(c). The burden of establishing the absence of a genuine issue of material fact rests at all times with the party moving for summary judgment. Finholt v. Cresto, 143 Idaho 894, 896, 155 P.3d 695, 697 (2007).
This Court must construe the record in the light most favorable to the party opposing the motion, drawing all reasonable inferences in that party’s favor. Id. If reasonable people could reach different conclusions or inferences from the evidence, the motion must be denied. Id. However, the nonmoving party must submit more than just conclusory assertions that an issue of material fact exists to withstand summary judgment. Id. at 896-97, 155 P.3d at 697-98. A mere scintilla of evidence or only slight doubt as to the facts is not sufficient to create a genuine issue of material fact for the purposes of summary judgment. Id. at 897, 155 P.3d at 698. Instead, the nonmoving party must respond to the summary judgment motion with specific facts showing there is a genuine issue for trial. Samuel v. Hepworth, Nungester & Lezamiz, Inc., 134 Idaho 84, 87, 996 P.2d 303, 306 (2000).
B. The District Court Erred in Holding that Van’s Whistleblower Act Claim was Subject to the Idaho Tort Claims Act
In its memorandum decision and order, the district court, noting that PMC “is a governmental entity or political subdivision covered under the ITCA,” found that Van’s “wrongful termination claims, including his whistleblower claims, were covered under the [ITCA] since the Whistleblower Act created an action separate from the public policy exception to the at-will employment doctrine and is not exempt from the notice requirements of the ITCA.” The district court emphasized that it deemed liability under the Whistleblower Act to be a separate cause of action from the wrongful termination cause of action predicated on the alleged breach of Van’s at-will employment contract. It did not, however, explain why it deemed Van’s Whistleblower Act claim to be an action covered by the ITCA.
Van argues the district court erred by dismissing his whistleblower claim on the basis that he had not complied with the notice requirements of the ITCA. Van insists that his whistleblower claim is a contract claim and not a tort claim, and therefore is not subject to the ITCA. PMC asserts the district court correctly recognized that Van’s whistleblower claim is governed by the ITCA and, therefore, Van’s undisputed failure to comply with the notice provisions of the ITCA defeats his claim.1
1
PMC bases its argument in large part on Smith v. Mitton, 140 Idaho 893, 104 P.3d 367 (2004), which involved claims under the Whistleblower Act. However, that case is not controlling be*557cause it did not address the issue of whether Whistleblower Act claims are covered by the ITCA, thereby requiring compliance with its notice provisions. Id.