Opinion
Case No. 1:11-CV-265.
October 5, 2011
OPINION AND ORDER
Plaintiff filed its Complaint in this Court on August 4, 2011, seeking equitable relief under the Employment Retirement Income Security Act of 1974 ("ERISA") against Defendants Davina Renee Sexton, Rhonda Sue Sexton, Maynard Depew, and Thomas Funeral Home. (Docket # 1.) On September 19, 2011, Thomas Funeral Home, through its president, Thomas E. Drzewiecki, proceeding pro se, filed its Answer. (Docket # 11.) The Answer, however, reveals that Thomas Funeral Home is a corporation, T.F.H. Inc. (T.F.H. Inc. Answer 1.)
Accordingly, the Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331.
Because it is a corporation, Defendant Thomas Funeral Home cannot proceed pro se in this action; it must be represented by counsel. See United States v. Hagerman, 545 F.3d 579, 581-82 (7th Cir. 2008) (stating that neither a corporation nor a limited liability company is 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."). Therefore, Defendant Thomas Funeral Home d.b.a. T.F.H. Inc. must secure counsel or its Answer will be stricken.
SO ORDERED.