North Carolina Lawyers Weekly
Kight v. Ganymede Holdings II, Inc. (Lawyers Weekly No. 12-15-0901, 2 pp.) (John R. Jolly Jr., Ch.J.) 2012 NCBC 46
Holding: Although the court ruled in 2008 that a plaintiff could file a Notice of Designation of Action as Mandatory Complex Business Case within 30 days after filing an amended complaint that raised a material issue listed in G.S. § 7A-45.4(a), the court reconsiders that ruling and now requires that the notice of designation be filed at the same time as the amended complaint.
Since plaintiffs’ notice of designation was filed 27 days after the filing of the amended complaint, plaintiffs’ notice of designation is untimely, and this case is remanded to Wake County Superior Court.
G.S. § 7A-45.4(d) says that a plaintiff filing a notice of designation shall do so “contemporaneously” with the filing of the complaint or amended complaint. This court’s 2008 ruling was based on guidelines published on the court’s website. Those guidelines were removed from the website in May 2012.
