Rakozy v. Diversified Turnkey Construction Co. (In Re Western States Drywall, Inc.)

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

The chapter 7 trustee of Western States Drywall, Inc., (“debtor”), has filed this adversary proceeding against Diversified Turnkey Construction Co. (“Diversified”) and the United States for money allegedly due the debtor under a construction contract. The United States has moved to dismiss the debtor’s action against it on the basis of sovereign immunity.

The following is a summary of the allegations of the plaintiff’s complaint.

Diversified was the general contractor for construction of family units in Mira-mar and Coronado, California, with…