Andrew Giuliani Lawsuit Against Duke

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					                 IN THE UNITED STATES DISTRICT COURT
             FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

                                  Case No. 1:08-CV-502


ANDREW GIULIANI,

                            Plaintiff,
                                                    DEFENDANTS’ MOTION FOR
  v.                                              JUDGMENT ON THE PLEADINGS

DUKE UNIVERSITY AND ORRIN
DANIEL VINCENT, III,

                            Defendants.


       NOW COME Defendants Duke University and Orrin Daniel Vincent III

(collectively, “Defendants’”) and move the Court for judgment on the pleadings against

Plaintiff Andrew Giuliani, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.

The pleadings are now closed, and they reveal that Defendants are entitled to judgment as

a matter of law on each of Plaintiff’s claims.

       WHEREFORE, for the foregoing reasons and for the reasons set forth in

Defendants’ supporting brief, which has been submitted along with this motion,

Defendants respectfully request that the Court enter judgment for Defendants as to each

of Plaintiff’s claims and award such further relief as the Court deems just and proper.




   Case 1:08-cv-00502-UA-RAE             Document 10   Filed 09/10/2008     Page 1 of 3
  This 10th day of September, 2008.

                                /s/ J. Donald Cowan, Jr.
                                J. Donald Cowan, Jr.
                                N.C. State Bar No. 0968
                                Email: don.cowan@elliswinters.com
                                Dixie T. Wells
                                N.C. State Bar No. 26816
                                Email: dixie.wells@elliswinters.com
                                ELLIS & WINTERS LLP
                                100 N. Greene Street, Suite 102
                                Greensboro, North Carolina 27401
                                Telephone: (336) 217-4193
                                Facsimile: (336) 217-4198

                                /s/ James P. Cooney III
                                James P. Cooney III
                                N.C State Bar No. 12140
                                Email: jcooney@wcsr.com
                                WOMBLE CARLYLE SANDRIDGE & RICE
                                One Wachovia Center, Suite 3500
                                301 South College Street
                                Charlotte, NC 28202
                                Telephone: (704) 331-4980


                                Attorneys for Defendants Duke University and
                                Orrin Daniel Vincent III




                                      2

Case 1:08-cv-00502-UA-RAE     Document 10     Filed 09/10/2008   Page 2 of 3
                        CERTIFICATE OF SERVICE


      I hereby certify that on 10 September 2008, I electronically filed the

foregoing Motion for Judgment on the Pleadings with the Clerk of the Court using

the CM/ECF system which will send notification of such filing to the following:

                    Counsel for the Plaintiff
                        Robert C. Ekstrand
                        Email: rce@ninthstreetlaw.com

      This 10th day of September 2008.


                                         /s/ J. Donald Cowan, Jr.
                                         J. Donald Cowan, Jr.

                                         Attorney for Defendants Duke
                                         University and Orrin Daniel Vincent III




Case 1:08-cv-00502-UA-RAE       Document 10       Filed 09/10/2008    Page 3 of 3

				
DOCUMENT INFO
Description: Former NYC Mayor and Presidential candidate Rudy Giuliani's son sued Duke University because he was kicked off the golf team.