Case 2:13-cv-01732-NS Document 1 Filed 04/03/13 Page 2 of 6
and, at all times relevant hereto, was a tenant at 20 Clipper Road in West Conshohocken,Pennsylvania (the "Building").
At all times relevant hereto, the Building housed nine (9) of Alion's anechoicchambers that
rented out to its respective clients for testing purposes.
Defendant, ETS-Lindgren, L.P.,
EMC Test Systems, L.P. ("ETS"), uponinformation and
is a limited partnership duly formed and existing under the laws of theState of Texas with its principal place of business located at 1301 Arrow Point Drive, CedarPark, Texas, and, at all times relevant hereto, was engaged,
in the business ofdesigning, manufacturing, selling, assembling and installing both anechoic chambers and thepyramidal anechoic absorber material that is installed in the chambers.
ACE issued Policy No. MAUD35715423 to Alion for the period October 1,
to October 1, 2012, insuring Alion's business and personal property at the Building.6. ACE has made payments to Alion under the aforementioned Policy in an amountin excess of
Million, Four Hundred Thousand Dollars ($1,400,000.00) for damagessustained as the result of a
that occurred on or about February 24,
at the Building andis subrogated to the rights of
insureds to the extent of
payments pursuant to the terms of thePolicy, and now seeks recovery of said payments.
JURISDICTION AND VENUE
7. Jurisdiction is based on 28 U.S.C.
1332(a)(1) as this action involves acontroversy between citizens of different states and an amount in controversy which exceedsSeventy-Five Thousand Dollars ($75,000.00), exclusive of interest and costs.8. Venue is proper in this district based on 28 U.S.C.
(a) in that the eventgiving rise to this claim occurred within this district.