STATE OF NORTH CAROLINA, IN THE GENERAL COURT OF JUSTICE COUNTY OF FORSYTH ‘SUPERIOR COURT DIVISION 19 CVS 725 UNITED DAUGHTERS OF THE CONFEDERACY, NORTH CAROLINA DIVISION, INC. and JAMES B. GORDON CHAPTER #211 OF THE UNITED DAUGHTERS OF THE CONFEDERACY, NORTH CAROLINA DIVISION, INC., a Plains, CITY OF WINSTON-SALEM, by and through ALLEN JOINES, MAYOR OF WINSTON-SALEM, NORTH CAROLINA, COUNTY OF FORSYTH, by and through DAVID R. PLYER, CHAIRMAN OF THE BOARD OF COMMISSIONERS, and WINSTON COURTHOUSE, LLC, Defendants. ‘THIS MATTER came on before the Court during the April 29, 2019, civil session of Forsyth County Superior Court upon Defendants’ Motions to Dismiss in accordance with Rules 12(by(1) and 12(6,6) ofthe North Carolina Rules of Civil Procedure, Pl ifs were represented atthe hearing by attorneys James Wilson, J and James Davis. Defendant City of Winston- Salem (*City”) was represented tthe hearing by altomey Angela Carmon. Defendant County of Forsyth (*County") was represented by attorney B, Gordon Watkins Il, Defendant Winston Courthouse, LLC, was represented by attomey Jodi Hildebran, ‘Procedural History Plains ied the Complaint inthis action on January 31, 2019, nd an Amended Complaint, including Defendant Winston Courthouse, LLC, on February 6, 2019. The Amended(Complaint seeks declaratory and injunctive relif related tothe removal ofa statue depicting a Confederate Soldier (“Statue”) 2. On January 31, 2019, Plaintiffs sought a Temporary Restraining Order preventing ‘the removal of the Statue, which was denied by the Court 3. Bach of the Defendants filed Motions to Dismiss under Rules 12(6)1) and 12(6y(6) of the North Carolina Rules of Civil Procedure, contending, among other things, that Plaintiffs’ Amended Complain should be dismissed for lack of subject matter jurisdiction in that Plaintiffs lack standing to pursue their claims. 4. The Court received briefs and heard arguments on Defendants’ Motions to Dismiss on April 30, 2019. 5. During argument, counsel for Defendant Winston Courthouse, LLC contended, in part, that Plaintiff James B. Gordon Chapter #211 of the United Daughters ofthe Confederacy, ‘North Carolina Division, Inc. (“James B. Gordon Chapter"), was not properly registered in accordance with North Carolina law, and thet, consequently, the claims of the James B. Gordon, (Chapter should be dismissed, in accordance with Am. Oil Co.. Inc. v. AAN Real Estate, LLC, 232 NC. App. 524, 527, 754 S.E, 2d 844, 846 (2014\(noting that “as an unincomporated entity, plaintiff was required to allege the location of its certificate of recordation in its amended complaint”) 6. Counsel for Plaintiff James B. Gordon Chapter, sought additional time to provide ‘the Court with legal research and authorities as to this issue. The Cour, inthe exercise ofits Aiseretion, allowed until 5:00 p.m. on Wednesday, May 1, to provide additional research and authorities.‘At 4:43 ppm. on Wednesday, May 1, Plaintiff James B. Gordon Chapter fled and served a Voluntary Dismissal of its claims inthis action! 8. Inllight ofthe dismissal, the Motions to Dismiss as to the claims of the James B. Gordon Chapter are moot, and are not being considered by the Court, 9. sto the Motions to Dismiss as tothe remaining Plaintiff, United Daughters of the Confederacy, North Carolina Division, Ine, the Court has considered and reviewed the Motions to Dismiss, the briefs ofthe parties, the arguments of counsel and the other pleadings ‘and matters of record, and makes the following: Findings of Fact 1, Plaintiff, United Daughters ofthe Confederacy, North Carolina Division, ne, is a ‘North Carolina non-profit comporation, which was registered with the North Carolina Secretary ‘of State in 1992 (“UDC”)? 2. Asrecited in paragraph 7 ofthe Verified Amended Complaint, the James B, Gordon Chapter, which has now voluntarily dismissed its claims in this action, began fundraising in 1903 to place a Confederate Monument (“Statue”) at Courthouse Square in Winston, North Carolina, ‘The Statue was to display a Confederate soldier and be specifically located inthe ‘Courthouse Square "The Catia of Seve for te Voluntary Dismisl reflects service of “Metnorandum of Law” filed on March 25%, at the Certificates dated May 1, when he Voluntary Dismissal was led. The Court finds that tsb @ ‘lei erin the Cerin of Service by Phin lames B. Gordon Chapter, nth the Voluntary Dismal yas served by counsel forthe Pint lames B, Gordon Chaps on May 1.2019, 2 While Pai is denominated inthe Amended Complain ak "United Dahters ofthe Confederacy, Noh Carolin Division, Ine, appears hatte name of the ent as registered withthe Serary of Sia of Noth Carolina is "The United Daughters ofthe Confderacy, North Carolina Division In.” 3