No. 23-7490

Chanel E. M. Nicholson v. W.L. York, Inc., dba Cover Girls, et al.

Lower Court: Fifth Circuit
Docketed: 2024-05-16
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (14)IFP Experienced Counsel
Tags: civil-rights discrete-acts employment-discrimination employment-law equal-protection limitations-period national-railroad-passenger-corporation-v-morgan racial-discrimination
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2026-01-09 (distributed 14 times)
Question Presented (AI Summary)

Where the discriminatory act was refusing admission of Petitioner (a Black entertainer) to the business' premises for work because her admission would exceed the business' racial quota limiting the number of Black entertainers on the premises simultaneously, and notwithstanding the business' requirement that the entertainers pay for each such admission for work, were such acts of exclusion taking place within the limitations period 'discrete acts' of discrimination starting a new limitations clock, as announced in National Railroad Passenger Corporation v. Morgan, 536 U.S. 101, 113 (2002), or did the fact that there were similar exclusions of Petitioner before the limitations period start the limitations period accrual, thereby barring actions based on the exclusions of Petitioner within the limitations period?

Question Presented (from Petition)

QUESTION(S) PRESENTED Where the discriminatory act was refusing admission of Petitioner (a Black entertainer) to the business’ premises for work because her admission would exceed the business’ racial quota limiting the number of Black entertainers on the premises simultaneously, and notwithstanding the business’ requirement that the entertainers pay for each such admission for work, were such acts of exclusion taking place within the limitations period “discrete acts” of discrimination starting a new limitations clock, as announced in National Railroad Passenger Corporation v. Morgan, 536 U.S. 101, 113 (2002), or did the fact that there were similar exclusions of Petitioner before the limitations period start the limitations period accrual, thereby barring actions based on the exclusions of Petitioner within the limitations period?

Docket Entries

2026-01-12
Rehearing DENIED.
2026-01-12
Motion for leave to file the petition for rehearing under seal DENIED.
2025-12-10
DISTRIBUTED for Conference of 1/9/2026.
2025-06-11
Motion for leave to file the petition for rehearing under seal filed by petitioner.
2025-06-11
Petition for Rehearing filed.
2025-06-02
Petition DENIED. Justice Jackson, with whom Justice Sotomayor joins, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-7490_g314.pdf'>Opinion</a>)
2025-05-27
DISTRIBUTED for Conference of 5/29/2025.
2025-05-19
DISTRIBUTED for Conference of 5/22/2025.
2025-05-12
DISTRIBUTED for Conference of 5/15/2025.
2025-04-28
DISTRIBUTED for Conference of 5/2/2025.
2025-04-21
DISTRIBUTED for Conference of 4/25/2025.
2025-04-15
Rescheduled.
2025-04-14
DISTRIBUTED for Conference of 4/17/2025.
2025-04-11
2025-04-11
Reply of petitioner Chanel E.M. Nicholson filed.
2025-04-11
Reply of Chanel E.M. Nicholson submitted.
2025-04-01
Rescheduled.
2025-03-31
DISTRIBUTED for Conference of 4/4/2025.
2025-03-26
Rescheduled.
2025-03-24
DISTRIBUTED for Conference of 3/28/2025.
2025-03-19
Rescheduled.
2025-03-17
DISTRIBUTED for Conference of 3/21/2025.
2025-03-03
Rescheduled.
2025-03-03
DISTRIBUTED for Conference of 3/7/2025.
2025-02-25
Rescheduled.
2025-02-24
DISTRIBUTED for Conference of 2/28/2025.
2025-02-18
Rescheduled.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-15
Rule 29.6 Corporate Disclosures Statement of W.L. York, Inc., et al. submitted.
2025-01-15
Brief of W.L. York, Inc., et al. in opposition submitted.
2025-01-15
Brief of respondents W.L. York, Inc., et al. in opposition filed.
2025-01-15
Corporate disclosure statement with respect to brief of respondents filed.
2024-11-23
Letter from counsel for respondents received.
2024-11-23
Updated Certificate of Conference of W.L. York, Inc., et al. submitted.
2024-11-08
Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2025 (60-day extension).
2024-11-07
Motion to extend the time to file a response from November 25, 2024 to January 24, 2025, submitted to The Clerk.
2024-11-07
Motion of W.L. York, Inc., et al. for an extension of time submitted.
2024-10-01
Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2024.
2024-09-30
Motion to extend the time to file a response from October 25, 2024 to November 25, 2024, submitted to The Clerk.
2024-09-25
Response Requested. (Due October 25, 2024)
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-14
Waiver of right of respondent W.L. York, Inc., et al. to respond filed.
2024-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2024)

Attorneys

Chanel E.M. Nicholson
Andrew Timothy TuttArnold & Porter Kaye Scholer LLP, Petitioner
Ronald William Chapman IIChapman Law Group, Petitioner
Chanel E.M. Nicholson — Petitioner
Chanel E.M. Nicholson — Petitioner
W.L. York, Inc., et al.
Benjamin W. AllenWallace & Allen, Respondent
Benjamin W. AllenWallace & Allen, LLP, Respondent