Chemical Solvents, Inc. v. Greenwich Insurance Company; Illinois National Insurance Company; Alembic, Inc.

NOT RECOMMENDED FOR PUBLICATION
File Name: 22a0396n.06
Case No. 22-3324
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
CHEMICAL SOLVENTS, INC.,
Plaintiff-Appellant,
v.
GREENWICH INSURANCE COMPANY;
ILLINOIS NATIONAL INSURANCE
COMPANY; ALEMBIC, INC.,
Defendants-Appellees.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
OHIO
OPINION
Before: MOORE, THAPAR, and LARSEN, Circuit Judges.
THAPAR, Circuit Judge. Chemical Solvents, Inc. sued three insurers. But the defendants’
notice of removal lists only two insurers’ principal places of business. So the parties have failed
to establish federal diversity jurisdiction.
Chemical Solvents originally sued Greenwich Insurance Company, Illinois National
Insurance Company, and Alembic, Inc. in state court for state-law violations. To remove to federal
court, the insurers needed to allege complete diversity of citizenship. Coyne v. Am. Tobacco Co.,
183 F.3d 488, 492–93 (6th Cir. 1999). Because the parties are corporations, that required
identifying each corporation’s place of incorporation and principal place of business. 28 U.S.C.
§ 1332 (c)(1). But neither the complaint nor the notice of removal lists Alembic’s principal place
of business.

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No. 22-3324, Chemical Solvents, Inc. v. Greenwich Ins. Co., et al.
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Granted, Alembic is only tangentially involved in the case and was never properly served.
But the district court didn’t terminate Alembic as a party, so Alembic remains a named defendant.
Fact finding may be necessary to remedy the defect. Alembic’s principal place of business
is neither evident from the record nor publicly available. Further, Alembic hasn’t participated in
the proceedings either below or on appeal, and the remaining parties have thus far failed to
establish Alembic’s citizenship, despite the opportunity. So a request for supplemental briefing
would likely be insufficient to gather that information. On remand, the district court may need to
hold an evidentiary hearing. Since the district court is best positioned to remedy any defect, we
vacate the judgment and remand for further proceedings.

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