Summary
The memorandum and recommendation addresses whether Andrew J. Mitchell, proceeding pro se, may prosecute claims assigned to him by Mitchell Adjusting International LLC against Allstate Insurance Company. The court recommends conditional dismissal without prejudice unless Mitchell appears through licensed counsel within 30 days after adoption, reasoning that the LLC is the real party in interest and may appear in federal court only through counsel. The parties are granted 14 days from service to file objections.
Holdings
- Mitchell could not prosecute claims belonging to MAI in federal court without licensed counsel, even assuming that MAI validly assigned its claims to him.
- Conditional dismissal without prejudice could be recommended sua sponte if Mitchell received notice of the proposed dismissal and an opportunity to respond.
Questions Presented
- Whether a sole member of a limited liability company may prosecute the company's claims in federal court pro se after receiving an assignment of those claims.
- Whether the court may sua sponte recommend conditional dismissal without prejudice while providing notice and an opportunity to respond.
Disposition
other
Cases Cited (8)
- Alt. Materials, LLC v. TCH Constr. Grp., Inc., 339 F.R.D. 322, 324 (N.D. Fla. 2021)(followed)
- Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993)(followed)
- Stark v. Kohrs, No. 1:19-cv-041, 2020 WL 734480, at *3 (W.D. Tex. Feb. 12, 2020)(followed)
- Heiskell v. Mozie, 82 F.2d 861, 863 (D.C. Cir. 1936)(followed)
- M2 Tech., Inc. v. M2 Software, Inc., 589 F. App'x 671, 675 n.2 (5th Cir. 2014)(followed)
- Davoodi v. Austin Indep. Sch. Dist., 755 F.3d 307, 310 (5th Cir. 2014)(followed)
- Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1386 (11th Cir. 1985)(followed)
- Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 23 (2d Cir. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…