Lee, Jr. v. Rising Phoenix Holdings Corporation et al

Hawaii District Court
Judge:	Derrick K Watson
Referred:	Rom Trader
Case #:	1:25-cv-00083
Nature of Suit	442 Civil Rights - Employment
Cause	42:1981 Job Discrimination (Race)

Case Filed:

Feb 25, 2025

Docket
Parties (11)

Last checked: Friday Apr 11, 2025 12:32 AM HST

Defendant Melissa Burke
Defendant Jane Does 1-5
Defendant Brooke Fisher
Defendant Alejandro N. Mayorkas	Represented By Dana A. Barbata U. S. Attorney'S Office -District Of Hawaii contact info
Defendant Lori Nichols
Defendant Tiffany Niles
Defendant Rising Phoenix Holdings Corporation
Defendant Traci Thompson
Defendant Tidal Basin Customer Relations, LLC
Defendant Tidal Basin Group
Plaintiff Wilfred L. Lee, Jr. 91-1445 Kaikohola Street Ewa Beach, HI 96706

Docket last updated: 05/12/2025 11:59 PM HST

Wednesday, April 30, 2025
34		34 service Waiver of Service Executed Wed 04/30 3:32 PM Notice of Filing Executed WAIVER OF SERVICE for Defendant Brooke Fisher - by Wilfred L. Lee, Jr. Brooke Fisher waiver sent on 4/23/2025, answer due 6/23/2025. (eta) Related: [-]
33		33 service Waiver of Service Executed Wed 04/30 3:28 PM Notice of Filing Executed WAIVER OF SERVICE for Defendant Traci Thompson - by Wilfred L. Lee, Jr. Traci Thompson waiver sent on 4/23/2025, answer due 6/23/2025. (eta) Related: [-]
32		32 service Waiver of Service Executed Wed 04/30 3:24 PM Notice of Filing Executed WAIVER OF SERVICE for Defendant Melissa Burke - by Wilfred L. Lee, Jr. Melissa Burke waiver sent on 4/23/2025, answer due 6/23/2025. (eta) Related: [-]
31		31 service Waiver of Service Executed Wed 04/30 3:21 PM Notice of Filing Executed WAIVER OF SERVICE for Defendant Tiffany Niles - by Wilfred L. Lee, Jr. Tiffany Niles waiver sent on 4/23/2025, answer due 6/23/2025. (eta) Related: [-]
30		30 service Waiver of Service Executed Wed 04/30 3:17 PM Notice of Filing Executed WAIVER OF SERVICE for Defendant Lori Nichols - by Wilfred L. Lee, Jr. Lori Nichols waiver sent on 4/23/2025, answer due 6/23/2025. (eta) Related: [-]
Monday, April 28, 2025
29		29 minutes Telephone Conference 1 - Terminate Hearings 2 - Set Hearings Order on Motion for Miscellaneous Relief Mon 04/28 4:19 PM EP: RULE 16 SCHEDULING CONFERENCE had on 4/28/2025. Court permits Amanda Jones to make a limited special appearance for Defendants Rising Phoenix Holdings Corporation, Tidal Basin Group, TB Customer Relations, LLC, Brooke Fisher, Traci Thompson, Melissa Berke, Tiffany Niles and Lori Nichols (collectively, "Rising Phoenix Defendants"). Pro Se Advisories : Court confirms Plaintiff is proceeding pro se. Court provides pro se advisories. Plaintiff advised unless he secures counsel, he remains responsible for all aspects of this litigation. Plaintiff reminded all pro se litigants are required to comply with all court rules, dates, and deadlines. Plaintiff encouraged to consult resources available on Court's website, including the Federal Rules of Civil Procedure and the Court's Local Rules. Plaintiff advised to communicate and cooperate in good faith with other parties/counsel to attempt resolution of various issues that may arise. Plaintiff advised to update the Court and other parties concerning changes to his address, telephone and email address. Plaintiff required to attend all proceedings, monitor the docket and otherwise, to diligently participate in this case. Plaintiff advised that failure to comply with the foregoing and comply with all Court rules may result in appropriate sanctions. Plaintiff's Motion : Discussion had concerning [ECF 28 ] Plaintiff's Motion for Leave to Effect Alternative Service on Individual Defendants and to Deem Service by Certified Mail Valid and Sufficient ("Motion"), filed 4/25/2025. Court confirms [ECF 13 ] First Amended Complaint ("FAC") is the operative complaint. Ms. Barbata confirms Defendant Secretary of the Department of Homeland Security acknowledges service of the FAC. Defendant Commission. Ms. Jones confirms representing the Rising Phoenix Defendants, all of whom have agreed to waive service. Upon inquiry by the Court, Plaintiff agrees Motion is now moot. Based upon the foregoing, the Court deems the Motion WITHDRAWN and TERMINATED . Rule 16 Scheduling Conference : Given that the Rising Phoenix Defendants have waived service, are permitted up to 60 days to respond to the Complaint and motions to dismiss are contemplated, the Court CONTINUES the Rule 16 Scheduling Conference to 8/8/2025 at 8:30 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 8/1/2025 . Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below. Dial in number: 1-833-568-8864 (toll-free). Meeting ID: 161 5641 6035. (ZOOM / 9:00 am - 9:26 am) (MAGISTRATE JUDGE ROM TRADER) (jo) COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
Friday, April 25, 2025
28		28 motion Miscellaneous Relief Mon 04/28 7:13 AM Plaintiff's MOTION for Leave to Effect Alternative Service on Individual Defendants and to Deem Service by Certified Mail Valid and Sufficient - by Plaintiff Wilfred L. Lee, Jr.(eta) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Exhibit A,
		Att: 3 Certificate of Service
27		27 service Summons Returned Executed Mon 04/28 7:01 AM NOTICE OF SERVICE of Summons and First Amended Complaint on Defendant Tidal Basin Group - by Wilfred L. Lee, Jr. Tidal Basin Group served on 4/23/2025. (eta) Related: [-]
26		26 service Summons Returned Executed Mon 04/28 6:58 AM NOTICE OF SERVICE of Summons and First Amended Complaint on Defendant Rising Phoenix Holdings Corporation - by Wilfred L. Lee, Jr. Rising Phoenix Holdings Corporation served on 4/23/2025. (eta) Related: [-]
25		25 service Summons Returned Executed Mon 04/28 6:50 AM NOTICE OF SERVICE of Summons and First Amended Complaint on Defendant TB Customer Relations, LLC - by Wilfred L. Lee, Jr.. TB Customer Relations, LLC served on 4/23/2025. (eta) Related: [-]
Thursday, April 24, 2025
24		24 order Stipulation and Order Thu 04/24 3:19 PM STIPULATION OF THE PARTIES TO FILE FIRST AMENDED COMPLAINT - Signed by MAGISTRATE JUDGE ROM TRADER on 4/24/2025. (eta) COURTS CERTIFICATE OF SERVICE - Wilfred L. Lee, Jr. has been served electronically to the email address listed on the Notice of Electronic Filing (NEF) on April 24, 2025. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF) Related: [-]
Monday, April 21, 2025
23		23 minutes Link Mon 04/21 4:48 PM EO: On 4/17/2025, Plaintiff Wilfred L. Lee, Jr. ("Plaintiff"), proceeding pro se, filed a [ECF13 ] First Amended Complaint for Employment Discrimination, ADA Discrimination, Gender Discrimination, 42 USC 1981, Retaliation Under Title II, ADA, and 42 USC 1981, Failure to Accommodate Under the ADA ("FAC"). It has been over 21 days after Plaintiff served the [ECF1 ] original Complaint on one of the defendants, Alejandro N. Mayorkas, Secretary, Department of Homeland Security ("DHS") on 3/11/2025. ECF No. 9. As such, Rule 15(a)(2) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") applies, and Plaintiff's right to amend his complaint as a matter of course expired 21 days after service on DHS or in other words, on 4/1/2025. Because Plaintiff no longer enjoyed the right to file an amended complaint as a matter of course at the time he filed the FAC, he was required to first obtain either DHS' consent or leave of Court before doing so. Pursuant to Rule 15(a)(2), an amendment to the pleading may be made "only with the opposing party's written consent or the court's leave." In this case, the parties filed a [ECF11 ] Joint Status Report of the Partes ("Joint Status Report") on 4/17/2025 indicating that the "DHS represented it would stipulate to . . . the filing of an amended complaint in this matter . . . . " However, to date, the parties have not submitted a stipulation to the filing of the FAC nor has the Court granted leave to do so. Unless the parties submit a stipulation to the filing of the FAC, signed by the parties, to this Court's orders box at trader_orders@hid.uscourts.gov by 4/28/2025 , this Court is inclined to strike the FAC as improperly filed in violation of Fed. R. Civ. P. 15. The Court reminds Plaintiff that all parties, including those proceeding pro se, are required to follow all applicable rules. See LR1.3. Failure to do so may result in sanctions. LR11.1, 16.1 & 81.1. (MAGISTRATE JUDGE ROM TRADER) (rt2) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
22		22 misc Scheduling Conference Statement Mon 04/21 1:30 PM Plaintiff Scheduling Conference Statement and Certificate of Service - by Wilfred L. Lee, Jr.(eta) Related: [-]
		Att: 1 Mailing Documentation
Friday, April 18, 2025
12		12 misc Scheduling Conference Statement Fri 04/18 10:09 AM Scheduling Conference Statement DEFENDANT KRISTI NOEM, SECRETARY, DEPARTMENT OF HOMELAND SECURITYS SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE . (Barbata, Dana) Related: [-]
Thursday, April 17, 2025
21		21 service Summons Issued Fri 04/18 12:30 PM Summons Issued as to Lori Nichols. (eta) Related: [-]
20		20 service Summons Issued Fri 04/18 12:29 PM Summons Issued as to Brooke Fisher. (eta) Related: [-]
19		19 service Summons Issued Fri 04/18 12:27 PM Summons Issued as to Tiffany Niles. (eta) Related: [-]
18		18 service Summons Issued Fri 04/18 12:26 PM Summons Issued as to Melissa Burke. (eta) Related: [-]
17		17 service Summons Issued Fri 04/18 12:23 PM Summons Issued as to Traci Thompson. (eta) Related: [-]
16		16 service Summons Issued Fri 04/18 12:22 PM Summons Issued as to Rising Phoenix Holdings Corporation. (eta) Related: [-]
15		15 service Summons Issued Fri 04/18 12:19 PM Summons Issued as to TB Customer Relations, LLC. (eta) Related: [-]
14		14 service Summons Issued Fri 04/18 12:18 PM Summons Issued as to Tidal Basin Group. (eta) Related: [-]
13		13 cmp Amended Complaint Fri 04/18 12:07 PM FIRST AMENDED COMPLAINT against Jane Does 1-5, Brooke Fisher, Lori Nichols, Tiffany Niles, Kristi Noem, Rising Phoenix Holdings Corporation, Traci Thompson, Tidal Basin Group, TB Customer Relations, LLC, Melissa Burke filed by Wilfred L. Lee, Jr.(eta) Modified on 4/18/2025 (eta) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Certificate of Service
11		11 misc Status Report Thu 04/17 8:06 AM STATUS REPORT JOINT STATUS REPORT OF THE PARTIES by Kristi Noem. (Barbata, Dana) Related: [-]
Thursday, April 10, 2025
10		10 notice Notice of Appearance Thu 04/10 4:21 PM NOTICE of Appearance by Dana A. Barbata on behalf of Alejandro N. Mayorkas on behalf of Alejandro N. Mayorkas. (Barbata, Dana) Related: [-]
Thursday, March 27, 2025
9		9 service Certificate of Service Thu 03/27 12:40 PM PROOF OF SERVICE - by Wilfred L. Lee, Jr. (eta) Related: [-]
Tuesday, March 11, 2025
8		8 service Summons Issued Wed 03/12 8:24 AM Summons Issued as to Alejandro N. Mayorkas, Secretary, Department of Homeland Security. (eta) Related: [-]
Tuesday, February 25, 2025
7		7 misc Notice to Parties RE: Corporate Disclosure Statement Tue 02/25 3:02 PM Notice to Parties Re: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) Related: [-]
6		6 misc Civil Waiver of Service Packet Tue 02/25 3:01 PM CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure.(eta) Related: [-]
		Att: 1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons,
		Att: 2 AO 399 Waiver of the Service of Summons
5		5 1 pgs order Order Setting Rule 16 Tue 02/25 2:59 PM Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 4/28/2025 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/25/2025. (eta) Related: [-]
4		4 misc Pro Se Consent to receive Notice of Electronic Filings Tue 02/25 2:56 PM Pro Se Consent to Receive Documents and Notices of Electronic Filing by Email - by Wilfred L. Lee, Jr. (eta) Related: [-]
3		3 misc Filing Fee Received Tue 02/25 2:54 PM Filing fee: $ 405, receipt number 5253 re1 Complaint (eta) Related: [-]
2		2 misc Civil Cover Sheet Tue 02/25 2:52 PM CIVIL Cover Sheet - by Wilfred L. Lee, Jr.(eta) Related: [-]
		Att: 1 Supplement to Civil Cover Sheet
1		1 cmp Complaint Tue 02/25 2:48 PM COMPLAINT for Employment Discrimination, ADA Discrimination, Gender Discrimination, 42 USC 1981, Retaliation Under Title VII, ADA, and 42 USC 1981, Failure to Accommodate Under the ADA; Jury Trial Demanded against All Defendants - filed by Wilfred L. Lee, Jr.(eta) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B

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