Rochelle L. Smith v. General Motors, L.L.C.
Whether the Americans with Disabilities Act requires an employer to provide reasonable accommodations for an employee with medical work restrictions following a workplace injury
No question identified. : denied on July 14, 2025 and July 17, 2025 pursuant to Supreme Court Rule 30.2, the petitioner requests an extension until December 11, 2025. In accordance with Supreme Court Rule 30.3, on September 22, 2025, the petitioner notified counsel for the respondent, General Motors, via email, requesting consent to this extension. As of September 25, 2025, no response has been received. Accordingly, the petitioner considers the respondent to have no objection to this application. This case presents complex legal issues of national importance, including violations of the Americans with Disabilities Act (ADA), constitutional rights, and a conflict between circuit courts. The United States of Appeals for the Fifth Circuit erred by failing to address critical argument and evidence, necessitating a carefully prepared petition to articulate these errors and significant questions warranting this Court’s review. As a pro se litigant, the petitioner requires additional time to conduct thorough legal research and draft a petition that meets the Court’s procedural and substantive standards. Good cause exists for this extension due to the complexity of the issues, including potential circuit splits and matters of constitutional significance, and the petitioner’s pro se status, which limits the speed of preparation compared to represented parties. The requested 60-day extension is reasonable to ensure the petition adequately presents the case’s merits, including the appellate court’s errors, for this Court’s consideration. For the foregoing reasons, the petitioner respectfully requests 60-day extension of time to file petition for writ of certiorari, extending the deadline to December 11, 2025. Rochelle L. Smith 409 Ave E Dallas, Texas 75203 Date: September 25, 2025 Case: 24-10841 Document: 74-1 Page:1 Date Filed: 06/17/2025 Gnited States Court of Appeals for the Sitth Circuit vies i Great rene FILED June 17, 2025 No. 24-10841 Lyle W. Cayce Clerk ROCHELLE L. SMITH, versus GENERAL Motors, L.L.C., Defendant—Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CV-379 Before HIGGINBOTHAM, JONES, and SOUTHWICK, Circuit Judges. PER CURIAM:* Plaintiff Rochelle Smith filed suit pro se against General Motors LLC (“GM”) alleging violations of the Americans with Disabilities Act (“ADA”), see 42 U.S.C. § 12117(a), and the Texas Commission on Human Rights Act (“TCHRA”). We AFFIRM the district court’s dismissal of Smith’s claims. * This opinion is not designated for publication. See 5TH Cir. R. 47.5. Case: 24-10841 Document: 74-1 Page:2 Date Filed: 06/17/2025 No. 24-10841 I. In December of 2022, Smith filed a complaint with the Equal Employment Opportunity Commission and Texas Workforce Commission alleging ADA violations and received a right to sue letter from the EEOC. Smith then filed this case in the Dallas Division of the Northern District of Texas in March of 2023. Magistrate Judge Horan transferred the case to the Northern District’s Fort Worth Division and Smith then served GM with process on April 6. On April 24, GM filed an opposed motion to extend to May 25 its deadline to answer Smith’s First Amended Complaint, which was granted by Magistrate Judge Ray. On May 21, Smith filed her Second Amended Complaint. II. Smith alleged that GM hired her as a temporary forklift driver and on August 29, 2020, while attempting to avoid an “automated see-grid,” she drove a forklift into a pole, resulting in cephalonhematoma, intermittent blurred vision, dizziness, and a headache; that on September 2 a physician allowed Smith to return to work under the condition that she perform only sedentary work. The next day, Smith went to the GM medical clinic with a headache and dizziness while standing. There she rested with an ice pack, the lights off, and door closed, rest that partially alleviated her headache. She had suffered a mild concussion, head contusion, and cervical strain. On Septemb