00525329.DOCX 

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In re: Case No.: 17-21340-BKC-RBR

Chapter 7

ROCKLINE VAC SYSTEMS, INC. (Converted)

Debtor. /

SCOTT N. BROWN, as Adv. Pro. No.

Chapter 7 Trustee of the Bankruptcy 

Estate of Rockline VAC Systems, Inc.

Plaintiff,

v.

TUTOR PERINI CORPORATION,

a California corporation,

Defendant.

___________________________________/

COMPLAINT 

Scott N. Brown, as Chapter 7 trustee of the bankruptcy estate of Rockline VAC Systems, 

Inc. (the “Trustee” or “Plaintiff”), by and through undersigned counsel, sues Defendant, Tutor 

Perini Corporation, and any and all affiliated and related entities (the “Defendant” or “Tutor 

Perini”), and alleges as follows:

PRELIMINARY STATEMENT

1. By this Complaint, the Trustee seeks judgment against the Defendant for failure to 

pay the Debtor, Rockline VAC Systems, Inc. (the “Debtor” or “Rockline”), the sum of $11,102.80

for services rendered by the Debtor to the Defendant prior to the Petition Date. 

JURISDICTION AND VENUE

2. This is an adversary proceeding under Fed. R. Bankr. P. 7001, et seq.

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3. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, 

and Administrative Order 2012-25 of the United States District Court, Southern District of Florida. 

4. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (O), and 

the Trustee consents to the entry of final orders and judgment by the Bankruptcy Court. 

5. Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

PARTIES

6. The Trustee is the duly-appointed Chapter 7 trustee of the bankruptcy estate of the 

Debtor, Rockline VAC Systems, Inc. (the “Estate” or the “Bankruptcy Estate”), and brings this 

action solely in his capacity as Trustee.

7. The Defendant, Tutor Perini Corporation, is a California corporation whose principal 

place of business is 15901 Olden Street, Sylmar, California 91342. 

BACKGROUND

The Main Case

8. On September 6, 2016 (the “Petition Date”), the Debtor, Rockline VAC Systems, 

Inc., filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court, 

Southern District of Florida, which commenced Case No. 17-21340-BKC-RBR (the “Main Case” or 

the “Bankruptcy Case”).

9. From the Petition Date through November 1, 2017, the Debtor operated as a debtorin-possession.

10. On October 4, 2017, Creditor John Fernandez filed his Motion to Convert Case, 

Appoint a Chapter 11 Trustee, or Dismiss Case (ECF No. 19)(the “Motion to Convert”).

11. On October 27, 2017 the Debtor filed its Agreed Ex Parte Motion to Convert Case to 

a Proceeding Under Chapter 7 (ECF No. 31).

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12. Following a hearing, on November 1, 2017, this Court entered its Order Converting 

Case Under Chapter 11 to Case Under Chapter 7 (ECF No. 34)(the “Conversion Order”).

13. Shortly thereafter, on November 2, 2017, Scott N, Brown was appointed as Chapter 

7 trustee of the Debtor’s bankruptcy estate (see ECF No. 39).

The Debtor’s Pre-Petition Business

14. According to the Debtor’s Case Management Summary (ECF No. 9), prior to the 

Petition Date, the Debtor, among other things, operated a sewer cleaning business. Debtor’s counsel 

advised the Trustee that the Debtor ceased operating prior to the Petition Date and had no 

employees as of the Conversion Date.

15. The Debtor operated its business from the real property located at 2580 S.W. 32nd 

Street, Fort Lauderdale, Florida 33312 (the “Business Premises”), which real property was sold by 

the Trustee. 

The Outstanding Indebtedness 

16. Line 11 of the Debtor’s Schedule “A/B” (Main Case ECF No. 1) reflects outstanding 

accounts receivable due to the Debtor of $785,404.04. 

17. A schedule of outstanding receivables provided by the Debtor reflects that the 

Defendant, Tutor Perini Corporation, owes the Debtor $11,102.80 for, among other things, services 

provided by the Debtor to Defendant.

The Demand Letter 

18. By letter dated December 4, 2017, the Trustee made demand upon Defendant for the 

immediate payment of $11,102.80 (the “Demand Letter”). The Trustee made a second, follow-up 

demand on September 13, 2018 (the “Second Demand Letter”). A true and correct copy of the 

Second Demand Letter (which includes a copy of the original Demand Letter) is attached hereto as

Exhibit “A” and incorporated by reference. 

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19. As of the date of the filing of this Complaint, the Defendant has failed to pay the 

outstanding balance due to the Debtor. 

20. Plaintiff has performed all conditions precedent to the bringing of this action, or such 

conditions have been waived.

COUNT I

ACCOUNT STATED

21. Plaintiff incorporates by reference and realleges paragraphs 1 through 20 of this 

Complaint as if fully set forth herein.

22. Before the institution of this action, the Debtor and the Defendant had business 

transactions between them which led to the unpaid resulting balance of $11,102.80 due by the 

Defendant to the Debtor. 

23. Upon information and belief, Defendant agreed to the resulting balance of 

$11,102.80 due by the Defendant to the Debtor.

24. Plaintiff made demand for immediate payment of the outstanding balance by virtue 

of the Demand Letter and the Second Demand Letter. 

25. Defendant failed to pay the outstanding balance and failed to object to Plaintiff’s 

demands within a reasonable amount of time. 

26. Defendant owes Plaintiff the sum of $11,102.80.

WHEREFORE, Plaintiff, Scott N. Brown, as Chapter 7 Trustee of the Bankruptcy Estate of 

Rockline VAC Systems, Inc., respectfully requests this Honorable Court enter judgment against 

Defendant, Tutor Perini Corporation: (i) awarding damages in the sum of $11,102.80, plus court 

costs; and (ii) granting such other and further relief as the Court deems just and proper.

COUNT II

OPEN ACCOUNT

27. Plaintiff realleges paragraphs 1 through 20 above, as fully set forth herein.

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28. Defendant owes Plaintiff the sum of $11,102.80 according to the account attached 

hereto as Exhibit “A.”

WHEREFORE, Plaintiff, Scott N. Brown, as Chapter 7 Trustee of the Bankruptcy Estate of 

Rockline VAC Systems, Inc., respectfully requests this Honorable Court enter judgment against 

Defendant, Tutor Perini Corporation: (i) awarding damages in the sum of $11,102.80, plus court 

costs; and (ii) granting such other and further relief as the Court deems just and proper.

COUNT III

UNJUST ENRICHMENT

29. Plaintiff realleges paragraphs 1 through 20 above, as fully set forth herein.

30. Defendant knowingly and voluntarily requested and received services and goods 

from the Debtor of at least $11,102.80.

31. Defendant has had use and benefit of the services and goods it received from the 

Debtor, but has not paid the Debtor for said services and goods. 

32. The Debtor conferred a benefit on Defendant, and a clear benefit has flowed to 

Defendant.

33. Defendant accepted and has retained the benefits conferred by the Debtor.

34. Under the circumstances, it would be inequitable for Defendant to retain such benefit 

without paying the value thereof.

35. Defendant has been unjustly enriched by obtaining at least $11,102.80 in services 

and goods from the Debtor and failing to pay for same. 

36. As a result of the unjust enrichment of Defendant, Plaintiff has been damaged in the 

amount of at least $11,102.80.

WHEREFORE, Plaintiff, Scott N. Brown, as Chapter 7 Trustee of the Bankruptcy Estate of 

Rockline VAC Systems, Inc., respectfully requests this Honorable Court enter judgment against 

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Defendant, Tutor Perini Corporation: (i) awarding damages in the amount of $11,102.80 plus court 

costs; and (ii) granting such other and further relief as the Court deems just and proper.

Respectfully submitted this 10th day of June, 2019.

BAST AMRON LLP

Counsel for the Trustee, Scott N. Brown

SunTrust International Center

One Southeast Third Avenue, Suite 1400

Miami, Florida 33131

Telephone: 305.379.7904

Facsimile: 305.379.7905

Email: sbrown@bastamron.com

hharrison@bastamron.com

By:/s/ Hayley G. Harrison

 Scott N. Brown, Esq. (FBN 663077) 

 Hayley G. Harrison. (FBN 105157)

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Exhibit “A” 

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