Stoneybrooke Investors, LLC v. McCurry

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
STONEYBROOKE INVESTORS,
LLC,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:25-cv-2789
AGNESS McCURRY,
Defendant.
MEMORANDUM AND RECOMMENDATION
On June 16, 2025, Defendant removed this case from the Circuit Court
for Washington County at Jonesborough Tennessee. 	(ECF No. 1 at 1). 	On
August 26, 2025, the Court received an email from an attorney on behalf of
Plaintiff advising that he is not licensed in Texas and was not seeking
admission pro hac vice.
On August 27, 2025, the Court entered a notice of non-compliance and
order, stating that Plaintiff is an LLC and cannot appear in federal court
without an attorney. (ECF No. 5 at 1). As such, the Court ordered Plaintiff to
retain counsel to represent it in this Court within thirty days of the Order. (Id.
at 1–2). The Court warned Plaintiff that failure to obtain counsel would result
in the Undersigned recommending that this case be dismissed. (Id. at 2).
United States District Court
Southern District of Texas
ENTERED
November 17, 2025
Nathan Ochsner, Clerk
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As of the date of this Order, Plaintiff has not retained counsel. As such,
the 	Court 	RECOMMENDS 	this 	case 	be 	DISMISSED 	WITHOUT
PREJUDICE for want of prosecution. 	See FED. R. C IV . P. 41(b); WePay Glob.
Payments LLC v. Wells Fargo Bank, N.A., No. 22-cv-363, 2023 WL 2484781, at
*1 (W.D. Tex. Mar. 13, 2023), report and recommendation adopted, No. 22-cv-
363, 2023 WL 2733405 (W.D. Tex. Mar. 30, 2023) (recommending dismissal for
want of prosecution where an LLC did not obtain counsel after the court
ordered it to do so); see also Sturdivant v. Strong, No. 2:22-cv-698, 2022 WL
22970680, at *1 (N.D. Ala. Sept. 7, 2022) (recommending dismissal in a
removal case where corporate plaintiffs failed to comply with an order to obtain
counsel).
If this Memorandum and Recommendation is adopted by the District
Court Judge, the Court further RECOMMENDS Defendant’s pending Motion
to Stay (ECF No. 2) be DENIED AS MOOT.
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
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SIGNED in Houston, Texas on November 17, 2025.
______________________________
Richard W. Bennett
United States Magistrate Judge
Case 4:25-cv-02789 Document 8 Filed 11/17/25 in TXSD Page 3 of 3