Rescia v. Eastern Connecticut State University (In re Harnett)

MEMORANDUM OF DECISION ON AMENDED MOTION TO DISMISS

Julie A. Manning, Chief United States Bankruptcy Judge

I. INTRODUCTION

On March 4, 2016, the Defendant, Eastern Connecticut State University (“ECSU”), filed an Amended Motion to Dismiss seeking to dismiss Count Two of the Plaintiffs First Amended Complaint (ECF No. 27). The Amended Motion to Dismiss asserts that Count Two should be dismissed because the doctrine of sovereign immunity shields ECSU from the Plaintiffs avoidance claim. For the reasons discussed below, the Amended Motion to Dismiss is denied.

II. PROCEDURAL HISTORY

A. The Complaint,…