Mitchell v. Flores, Esq. et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
ANDREW J MITCHELL, 	§
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Plaintiff,
V. 	CIVIL ACTION NO. 3:26-cv-00124
MARCO D FLORES, ESQ., et al.,
Defendants.
MEMORANDUM AND RECOMMENDATION
This case has been referred to me for all pretrial purposes. See Dkt. 7. I am
sua sponte issuing this memorandum and recommendation to suggest that the
court order the conditional dismissal of this lawsuit without prejudice unless
Plaintiff Andrew Mitchell appears through licensed counsel within 30 days from
the date this memorandum and recommendation is adopted.
On April 14, 2026, Mitchell, an incarcerated person proceeding pro se,
instituted this lawsuit against Defendants. Mitchell was a licensed public adjuster.
Mitchell 	provided 	his 	public 	adjusting 	services 	through 	Mitchell 	Adjusting
International LLC (“MAI”), a Texas limited liability company. At all times, Mitchell
has been the sole member of MAI. Mitchell claims that Defendants systematically
withheld “MAI’s earned public adjusting fees on two large commercial hotel
insurance claims.” Dkt. 1 at 2. Mitchell asserts claims for civil RICO, civil RICO
conspiracy, wire fraud, breach of contract, conversion, unjust enrichment, breach
of fiduciary duty, declaratory judgment, and accounting and constructive trust.
Mitchell purports to bring this lawsuit as “owner and sole member of Mitchell
Adjusting International LLC.” Id. Mitchell cannot do this.
“In all courts of the United States the parties may plead and conduct their
own cases personally or by counsel as, by the rules of such courts, respectively, are
permitted to manage and conduct causes therein.” 28 U.S.C. § 1654. The right to
United States District Court
Southern District of Texas
ENTERED
May 04, 2026
Nathan Ochsner, Clerk
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conduct one’s own cases personally is limited to one’s own interests. “It has been
the law for the better part of two centuries . . . that a corporation may appear in the
federal courts only through licensed counsel.” Rowland v. Cal. Men’s Colony, Unit
II Men’s Advisory Council, 506 U.S. 194, 201–02 (1993). This rule applies to all
“[a]rtificial business entities—such as limited liability companies, corporations,
and partnerships.” Alt. Materials, LLC v. TCH Constr. Grp., Inc., 339 F.R.D. 322,
324 (N.D. Fla. 2021).
The Notice/Authorization to Insurance Company shows that MAI was to be
the payee, not Mitchell. See Dkt. 1-2. The Public Adjuster Contracts in question
were with MAI, not Mitchell. See Dkt. 1-3. The claims here clearly belong to MAI.
MAI can appear in federal court only through an attorney. Mitchell is not an
attorney. Thus, he cannot prosecute MAI’s claims himself. See, e.g., Robinson v.
Ashland Inc., No. 1:24-CV-97, 2024 WL 5158429, at *8 (E.D. Tex. Dec. 18, 2024)
(collecting cases and holding that “Plaintiffs, even as sole owners of their LLC, lack
standing to assert claims individually where the cause of action belongs to the
company.”).
“A district court may dismiss a claim on its own motion as long as the
procedure employed is fair.” Davoodi v. Austin Indep. Sch. Dist., 755 F.3d 307, 310
(5th Cir. 2014) (cleaned up). Fairness “requires both notice of the court’s intention
and an opportunity to respond.” Id. (quotation omitted). Here, Mitchell has both
the opportunity to object to this memorandum and recommendation and, in the
event it is adopted, 30 days to appear through counsel before this action is
dismissed without prejudice. That is fair.
CONCLUSION
For the reasons discussed above, I recommend that the court order the
conditional dismissal of this lawsuit without prejudice unless Mitchell appears
through licensed counsel within 30 days from the date this memorandum and
recommendation is adopted.
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The 	parties 	have 	14 	days 	from 	service 	of 	this 	Memorandum 	and
Recommendation to file written objections. See 28 U.S.C. § 636(b)(1)(C); Fed. R.
Civ. P. 72(b)(2). Failure to file timely objections will preclude appellate review of
factual findings and legal conclusions, except for plain error.
SIGNED this ___ day of May 2026.
______________________________
ANDREW M. EDISON
UNITED STATES MAGISTRATE JUDGE
4th
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