The university filed a court petition and the judge dismissed Cuccinelli's demand on the grounds that no justification had been shown for the investigation.
The university filed an exception on Friday to this finding.
The university filed a motion to dismiss for lack of personal jurisdiction.
Both the university and the Barnes students filed petitions to stop the move, but only the university was granted the right to intervene.
In 2005, the university filed a lawsuit against a contractor, for which it was compensated $13.3 million in an out-of-court settlement.
The investigation confirmed that the university filed some students as "Category I" applicants, meaning that they had connections from influential individuals.
The university filed an appeal of the sanctions which was later denied by the NCAA.
Five universities being left behind have filed suit.
The university has filed papers in New York City Civil Court seeking to take possession of the club.
The university filed a second appeal earlier this month with the Division II Council of Presidents.