Rosemary’s Relics LLC and Joshua M. Diehm, IV, Manager/Relator v. Alvin Belk,...
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
ROSEMARY’S RELICS LLC and JOSHUA M. DIEHM, IV, Manager/Relator, Plaintiffs, v. OPINION and ORDER ALVIN BELK, GARY HEBL 26-cv-331-jdp (HEBL & HEBL), BENJAMIN BALK, and BENJAMIN SCHULENBERG, Defendants.
Plaintiff Joshua M. Diehm, IV, appearing without counsel, brings this lawsuit on behalf of Rosemary's Relics LLC, seeking an injunction staying probate proceedings in the Dane County Circuit Court, In re Belk, No. 2023PR832, pending a federal investigation into what Diehm believes are fraudulently signed documents involving the estate.
I will dismiss this case for multiple reasons. This federal court cannot interfere with state-court probate proceedings. See Marshall v. Marshall, 547 U.S. 293, 311 (2006). Nor can it initiate a criminal investigation into the misconduct that Diehm alleges. And in any event, Diehm can’t bring this lawsuit on behalf of Rosemary’s Relics. A limited liability company cannot represent itself or be represented by a non-lawyer. 1756 W. Lake St. LLC v. Am. Chartered Bank, 787 F.3d 383, 385 (7th Cir. 2015).
ORDER IT IS ORDERED that: 1. This case is DISMISSED.
2. The clerk of court is directed to enter judgment accordingly and close the case.
Entered April 15, 2026.
BY THE COURT: /s/ ________________________________________ JAMES D. PETERSON District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.