GIULIANI v. DUKE UNIVERSITY et al
Plaintiff Andrew Giuliani alleged that Defendants Duke University and Orrin Daniel Vincent, III wrongfully expelled him from the Men's Golf Team.
| ANDREW GIULIANI |
| DUKE UNIVERSITY and ORRIN DANIEL VINCENT III |
| 1:2008cv00502 |
| July 23, 2008 |
| US District Court for the Middle District of North Carolina |
| Contract: Other Office |
| Durham |
| RUSSELL A. ELIASON |
| UNASSIGNED |
| Plaintiff |
| Diversity |
| 28:1330 Breach of Contract |
Docket Report
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Filing 36
JUDGMENT signed by JUDGE WILLIAM L. OSTEEN JR. on 3/30/10, for the reasons set forth in the Memorandum Opinion and Order filed contemporaneously with this Judgment, the Motion to Appear as Amici and for Leave to File Brief (Doc. 29 ) is DENIED. FURTHER that Defendants' Motion for Judgment on the Pleadings (Doc. 10 ) is GRANTED, and Plaintiff's claims for breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, declaratory relief, and promissory estoppel are DISMISSED. FURTHER that Plaintiff's request for leave to amend is DENIED and this action is dismissed. (Law, Trina)
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Filing 35
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 3/30/10, that the Motion to Appear as Amici and for Leave to File Brief (Doc. 29 ) is DENIED. FURTHER that Defendants' Motion for Judgment on the Pleadings (Doc. 10 ) is GRANTED, and Plaintiff's claims for breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with contract, declaratory relief, and promissory estoppel are DISMISSED. FURTHER that Plaintiff's request for leave to amend is DENIED. A Judgment dismissing this action will be entered contemporaneously with this Order. (Law, Trina) (Additional attachment(s) added on 4/1/2010: # 1 Opinion) (Franklin, Grady). (Main Document 35 replaced on 4/1/2010) (Franklin, Grady).
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| Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN JR.: Motion Hearing held on 2/11/2010 re 10 MOTION for Judgment on the Pleadings filed by ORRIN DANIEL VINCENT III, DUKE UNIVERSITY. Attorney Robert Ekstrand appeared on behalf of the plaintiff. Attorneys Don Cowan and James P. Cooney, III appeared on behalf of the defendants. This matter remains under advisement. (Court Reporter Joe Armstrong.) (Williamson, Wanda) |
| TEXT ORDER entered by JUDGE WILLIAM L. OSTEEN JR. on 2/9/2010. A status conference and motions hearing is scheduled for Thursday (2/11/2010) morning at 9:00. The court would like to meet with counsel in chambers prior to the start of the motions hearing. The parties are requested to appear for the motions hearing in Courtroom 3 at 9:00. Once all counsel is present, the case manager will direct counsel to the chambers conference room. For purposes of the motions hearing, counsel may address any matters they deem appropriate. Each side will be allowed approximately 30 minutes for argument. During the course of any argument, the court requests the parties address the following issues:1. In construing the allegations of Plaintiff as to the existence of a contract, if this court should find that any representations by the coach of the Duke golf team are sufficient to create a contract, then consider the following:a. Plaintiff alleges that the Duke golf coach represented to Plaintiff that he would be given the opportunity to compete with his teammates to earn spots in the most competitive tournaments... (Compl. 13). Has there been a breach of that contract if Plaintiff in fact played on the Duke golf team for some period of time? In other words, is there a distinction between an opportunity to earn spots in competitive tournaments for some undefined period of time and eligibility to compete on a college team for four years?b. Plaintiff alleges that the Duke golf coach represented to Plaintiff that he would be given life-time access to those training facilities as an alumnus of the Duke Golf Program. (Compl. 13) If true, does such a representation implicitly incorporate certain conditions, such as any rules of the facility? Is access to the training facilities subject to a condition determined by the meaning of the phrase alumnus of the Duke Golf Program? 2. Defendants allege that the student publications neither constitute a contract or, under any construction of them, establish the contract that Giuliani claims exists. (Doc. 11 at 2.) If in fact the student handbook and various other publications do not form part of the agreement between a student and the educational institution, what does define the parameters of the relationship once a student is accepted and pays the tuition? (McCarty, Dianne) Modified on 2/9/2010 to correct date of hearing (McCarty, Dianne). |
| Filing 34 NOTICE of Hearing: Status Conference/Motion Hearing set for 2/11/2010 09:00 AM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda) |
| ***Motions Submitted: 29 MOTION to Appear as Amici and for Leave to File Brief in Support of Plaintiff's Objections to the Magistrate Judge's Report and Recommendations and consideration of 23 Memorandum Opinion Recommendation and Order to JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda) |
| Filing 33 REPLY to 31 Response to Objection to Report and Recommendations by Plaintiff ANDREW GIULIANI. (Attachments: # 1 Exhibit Guy v. Travenol Laboratories, Inc., # 2 Exhibit Chronicle Article, # 3 Exhibit Notice of Admission Committee Approval)(EKSTRAND, ROBERT) |
| Filing 32 RESPONSE in Opposition re 29 MOTION to Appear as Amici and for Leave to File Brief in Support of Plaintiff's Objections to the Magistrate Judge's Report and Recommendations filed by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. Replies due by 7/30/2009. (COWAN, JAMES) |
| Filing 31 RESPONSE TO OBJECTION to 27 Report and Recommendations of the Magistrate Judge Regarding Defendants' Motion for Judgment on the Pleadings filed by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. Response to Objections to R&R due by 7/23/2009. (Attachments: # 1 Exhibit 1: Mercer v. Duke, # 2 Exhibit 2: Duke Staff Handbook, # 3 Exhibit 3: File Materials)(COWAN, JAMES) |
| Case Reassigned to JUDGE WILLIAM L. OSTEEN JR. UNASSIGNED no longer assigned to the case. (Powell, Gloria) |
| Filing 30 BRIEF in Support re 29 Amici Carrington et al. in Support of Plaintiff's Objections to the Magistrate Judge's Report and Recommendations filed by EDWARD CARRINGTON. (Attachments: # 1 Exhibit A -- Mercer v. Duke)(COOPER, CHARLES) |
| Filing 29 MOTION to Appear as Amici and for Leave to File Brief in Support of Plaintiff's Objections to the Magistrate Judge's Report and Recommendations by EDWARD CARRINGTON. Responses due by 7/13/2009. (COOPER, CHARLES) |
| Filing 27 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 23 Recommended Ruling - Magistrate Judge by Plaintiff ANDREW GIULIANI. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(EKSTRAND, ROBERT) |
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Filing 26
ORDER signed by MAG/JUDGE WALLACE W. DIXON on 06/03/09, that Plaintiff's 25 motion for extension of time up to and including June 18, 2009 to file its response is GRANTED. Responses due by 6/18/2009. (Law, Trina)
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| ***Motions Referred: 25 MOTION for Extension of Time to File Response/Reply as to 23 RECOMMENDED RULING - MAGISTRATE JUDGE to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| Filing 25 MOTION for Extension of Time to File Response/Reply as to 23 RECOMMENDED RULING - MAGISTRATE JUDGE by ANDREW GIULIANI. Responses due by 6/8/2009. (Attachments: # 1 Text of Proposed Order for Extension of Time)(EKSTRAND, ROBERT) |
| Filing 24 Notice of Mailing Recommendation re 23 . Objections to R&R due by 6/8/2009. (Lloyd, Donna) |
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Filing 23
MEMORANDUM OPINION, RECOMMENDATION, AND ORDER signed by MAG/JUDGE WALLACE W. DIXON on 5/19/2009. IT IS RECOMMENDED that the Defendants' motion for judgment on the pleadings (docket no. 10 ) be GRANTED. Furthermore, the Plaintiff's motion to strike elements of Defendants' pleadings (docket no. 12 ) and the Plaintiff's motion for status conference (docket no. 19 ) are DENIED. (Lloyd, Donna)
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| Filing 22 Notice to Parties RE: SO30. Responses due by 6/15/2009 (Winchester, Robin) |
| Filing 21 REPLY to Response to 19 MOTION for Status Conference filed by ANDREW GIULIANI. (EKSTRAND, ROBERT) |
| ***Motions Referred: 19 MOTION for Status Conference, 12 MOTION to Strike Elements of Defendants' Pleadings, 10 MOTION for Judgment on the Pleadings to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| Filing 20 RESPONSE in Opposition re 19 MOTION for Status Conference filed by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. Replies due by 3/9/2009. (Attachments: # 1 Exhibit A)(COWAN, JAMES) |
| Filing 19 MOTION for Status Conference by ANDREW GIULIANI. (EKSTRAND, ROBERT) |
| Case Reassigned to MAG/JUDGE WALLACE W. DIXON. MAG/JUDGE RUSSELL A. ELIASON no longer assigned to the case. (Garrett, Kim) |
| Filing 18 NOTICE of Change of Address by JAMES DONALD COWAN, JR. (COWAN, JAMES) |
| ***Motions Referred: 12 MOTION to Strike Elements of Defendants' Pleadings, 10 MOTION for Judgment on the Pleadings to MAG/JUDGE RUSSELL A. ELIASON- (Garrett, Kim) |
| Filing 17 REPLY to Response to 12 MOTION to Strike Elements of Defendants' Pleadings filed by ANDREW GIULIANI. (EKSTRAND, ROBERT) |
| Filing 16 RESPONSE in Opposition re 12 MOTION to Strike Elements of Defendants' Pleadings filed by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. Replies due by 11/6/2008. (COONEY, JAMES) |
| Filing 15 REPLY to Response to 10 MOTION for Judgment on the Pleadings filed by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. (Attachments: # 1 Exhibit 1)(COWAN, JAMES) |
| Filing 14 RESPONSE in Opposition re 11 Brief, 10 MOTION for Judgment on the Pleadings filed by ANDREW GIULIANI. Replies due by 10/20/2008. (Attachments: # 1 Exhibit, # 2 Exhibit)(EKSTRAND, ROBERT) |
| Filing 13 Supporting BRIEF re 12 MOTION to Strike Elements of Defendants' Pleadings by Plaintiff ANDREW GIULIANI filed by ANDREW GIULIANI. (Attachments: # 1 Exhibit, # 2 Exhibit)(EKSTRAND, ROBERT) |
| Filing 12 MOTION to Strike Elements of Defendants' Pleadings by ANDREW GIULIANI. Responses due by 10/23/2008 (EKSTRAND, ROBERT) |
| Filing 11 Support BRIEF re 10 MOTION for Judgment on the Pleadings by Defendants DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. (Attachments: # 1 Exhibit 1)(COWAN, JAMES) |
| Filing 10 MOTION for Judgment on the Pleadings by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. (COWAN, JAMES) |
| Filing 9 ANSWER to 1 Complaint with Jury Demand by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(COWAN, JAMES) |
| Filing 8 SUMMONS Returned Executed by ANDREW GIULIANI. DUKE UNIVERSITY served on 7/28/2008, answer due 8/18/2008; ORRIN DANIEL VINCENT III served on 8/12/2008, answer due 9/2/2008. (Attachments: # 1 Exhibit Duke University- Summons, # 2 Exhibit Certified Mail Receipt)(EKSTRAND, ROBERT) |
| Filing 7 MOTION for Extension of Time to File Response/Reply as to 1 Complaint by DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. Responses due by 9/15/2008. (Attachments: # 1 Text of Proposed Order)(WELLS, DIXIE) |
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ORDER granting 7 Motion for Extension of Time to File Answer to Complaint for DUKE UNIVERSITY and ORRIN DANIEL VINCENT, III. Answer due: 9/15/08. Signed by John Brubaker, Clerk of Court, on 08/13/08. (BRUBAKER, JOHN)
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| Set Deadline: Answer due by 9/15/2008. (Law, Trina) |
| Filing 6 NOTICE of Appearance by attorney JAMES P. COONEY, III on behalf of Defendants DUKE UNIVERSITY, ORRIN DANIEL VINCENT III (COONEY, JAMES) |
| Filing 5 NOTICE of Appearance by attorney DIXIE THOMAS WELLS on behalf of Defendants DUKE UNIVERSITY, ORRIN DANIEL VINCENT III (WELLS, DIXIE) |
| Filing 4 NOTICE of Appearance by attorney JAMES DONALD COWAN, JR on behalf of Defendants DUKE UNIVERSITY, ORRIN DANIEL VINCENT III (COWAN, JAMES) |
| Filing 3 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Lloyd, Donna) |
| Filing 2 Summons Issued as to DUKE UNIVERSITY, ORRIN DANIEL VINCENT III. (Attachments: # 1 Additional Summons) (Lloyd, Donna) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (Lloyd, Donna) |
| CASE REFERRED to Standing Order 30. (Lloyd, Donna) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 04180000000000483944.), filed by ANDREW GIULIANI. (Attachments: # 1 Exhibit 1. O.D. Vincent's Waiver Agreement, # 2 Exhibit 2. Michael Quagliano Email to Andrew Giuliani, # 3 Exhibit 3. Parking Notice, # 4 Exhibit 4. Ryan Ressa Email to Pro Shop Staff, # 5 Exhibit 5. Duke University Student-Athlete Handbook, # 6 Exhibit 6. Athletic Department Policy Manual, # 7 Exhibit 7. Bulletin of Duke University and Financial Information (2007-2008), # 8 Exhibit 8. NCAA Division I Manual (2007-2008))(EKSTRAND, ROBERT) |
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