UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

WATERFURNACE INTERNATIONAL, INC., )

)

Plaintiff, )

)

v. ) CAUSE NO. 1:15-CV-8

)

B&S SHEET METAL MECHANICAL, INC., )

et al., )

)

Defendants. )

OPINION AND ORDER

Before the Court is an Amended Notice of Removal filed by pro se Defendant William

Craig Jackson, alleging that the Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332.

(Docket # 1.) In the Amended Notice of Removal, Jackson alleges, among other things, that

“Defendant Jackson Geothermal HVAC and Drilling, LLC, is a fictitious entity organized and

registered in the Commonwealth of Pennsylvania, with its members being the following

individuals: Defendant Garth Jackson, Defendant William Craig Jackson, Andrew Jackson and

Christopher Jackson,” who are all “individuals domiciled in the Commonwealth of

Pennsylvania.” (Am. Notice of Removal ¶¶ 8-12.) 

To reiterate, as the party seeking to invoke federal diversity jurisdiction, Jackson bears

the burden of demonstrating that the requirement of complete diversity has been met. Chase v.

Shop’n Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997). Anything less can result

in a dismissal or remand for want of jurisdiction. Mut. Assignment & Indem. Co. v. LindWaldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004). 

The jurisdictional allegations with respect to Defendant “Jackson Geothermal HVAC and

Drilling LLC,” stating that it is a “fictitious entity” are inadequate. If Jackson Geothermal
HVAC and Drilling, LLC, is a limited liability company as its name suggests, the Notice of

Removal must state so and articulate the identity and citizenship of each member of the limited

liability company. See Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) (stating that a

limited liability company’s citizenship “for purposes of . . . diversity jurisdiction is the

citizenship of its members”). Accordingly, Jackson will be ORDERED to supplement the record

to adequately recite the citizenship of Defendant Jackson Geothermal HVAC and Drilling, LLC. 

As a second matter, Jackson is cautioned that even if he successfully alleges diversity

jurisdiction, B&S Sheet Metal Mechanical, Inc., and Jackson Geothermal HVAC and Drilling,

LLC, cannot proceed in federal court without an attorney. See United States v. Hagerman, 545

F.3d 579, 581-82 (7th Cir. 2008) (explaining that a corporation is not permitted to litigate in

federal court unless it is represented by a lawyer licensed to practice in that court); Scandia

Down Corp. v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985) (“[C]orporations must

appear by counsel or not at all.”); 7-Eleven, Inc. v. Spear, No. 10-cv-6697, 2013 WL 2459204, at

*4 (N.D. Ill. June 7, 2013) (explaining that the individual defendant could proceed pro se in

federal court, but the defendant corporation–which was wholly owned by the individual

defendant–required licensed counsel); Robinson ex rel. Ind. Reg’l Council of Carpenters Pension

Trust Fund v. Vision Drywall, LLC, No. 2:07-cv-190, 2010 WL 2674475, at *3 (N.D. Ind. June

29, 2010) (“[A] limited liability company, unlike an individual, may not proceed pro se in

federal litigation.”). 

That is, B&S Sheet Metal Mechanical, Inc., and Jackson Geothermal HVAC and

Drilling, LLC, will have to appear by counsel in this matter or be subject to an entry of default

and default judgment. See Hagerman, 545 F.3d at 581-82; Kipp v. Royal & Sun Alliance Pers.

2
Ins. Co., 209 F. Supp. 2d 962, 963 (E.D. Wis. 2002). 

Returning to the matter at hand, however, Jackson is ORDERED to supplement the

record on or before February 12, 2015, to adequately recite the citizenship of Defendant Jackson

Geothermal HVAC and Drilling, LLC. 

SO ORDERED.

Enter for this 29th day of January 2015.

s/ Susan Collins 

Susan Collins,

United States Magistrate Judge

3