Waterfurnace International Inc v. B&S Sheet Metal Mechanical Inc et al

Filing 9

OPINION AND ORDER re 8 Amended Notice of Removal. Jackson is ORDERED to supplement the record on or before 2/12/2015, to adequately recite the citizenship of Defendant Jackson Geothermal HVAC and Drilling, LLC. Signed by Magistrate Judge Susan L Collins on 1/29/2015. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
WATERFURNACE INTERNATIONAL, INC., )
)
Plaintiff,
)
)
v.
)
)
B&S SHEET METAL MECHANICAL, INC., )
et al.,
)
)
Defendants.
)

CAUSE NO. 1:15-CV-8

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.

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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

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