ACR Restaurants v. Rice Restaurant Group

Background

ACR Restaurants, Inc. brought the action in state court, and Bank of America, N.A. removed it to federal court on February 4, 2026. ACR asserts breach-of-contract and other equitable claims against Bank of America. It also asserts breach-of-contract and fraud claims against Rice Restaurant Group, LLC, Rice International, Inc., and Torrest Rice.

Torrest Rice filed a motion to dismiss on April 20, 2026. The motion argued that ACR’s unjust-enrichment claims against Rice Restaurant Group and Mr. Rice should be dismissed for failure to state a claim, and that all claims against Rice International should be dismissed because service of process was insufficient.

Representation of the Business Entities

The court stated that Mr. Rice may represent himself because he is defending claims asserted against him personally. But he is not licensed counsel, and corporations and limited liability companies cannot represent themselves in federal court. Therefore, he could not file the motion on behalf of Rice Restaurant Group or Rice International.

The court cautioned those entities that they must retain counsel to defend themselves. If they do not, the court stated that default may be entered against them.

Ruling

Because Mr. Rice filed the motion on behalf of entities he could not represent, the court struck the motion without prejudice. The order did not decide whether ACR’s claims were legally sufficient or whether service on Rice International was effective. Mr. Rice may file a motion to dismiss or an answer concerning the claims against him personally. Rice Restaurant Group and Rice International may also timely file a motion or answer after promptly retaining counsel.

The court extended the deadline for Torrest Rice, Rice Restaurant Group, and Rice International to answer or otherwise respond to ACR’s amended complaint to no later than June 15, 2026.