276 motionforextensionoftimetorespond motionforsummaryjudgement kmart kcsr

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Case: 1:11-cv-00103-GHD-DAS Doc #: 276 Filed: 10/17/13 1 of 2 PageID #: 3734

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants EX PARTE/UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT FILED BY KANSAS CITY SOUTHERN RAILWAY COMPANY Pursuant to Local Uniform Civil Rule 7(b)(4), Plaintiff, Kmart Corporation, asks this Court for an additional nine days, up to and including October 30, 2013, to respond to Defendant Kansas City Southern Railway Company’s Motion for Summary Judgment (Rec. Docs. 253-54). Kmart’s original deadline to respond to Kansas City Southern Railway Company’s Motion for Summary Judgment is October 21, 2013. Given the dispositive nature of this motion and the many other motions filed by the defendants, Kmart has requested additional time to oppose this motion, and Kansas City Southern Railway Company does not object to an additional nine days, up to and including October 30, 2013. Accordingly, Kmart asks this Court to allow it until October 30, 2013 to respond to Kansas City Southern Railway Company’s Motion for Summary Judgment (Rec. Docs. 253-54).


Case: 1:11-cv-00103-GHD-DAS Doc #: 276 Filed: 10/17/13 2 of 2 PageID #: 3735

Dated: October 17, 2013

/s/ Ryan O. Luminais __________________________________________ JAMES M. GARNER (La. Bar. No. 19589) JOHN T. BALHOFF, II (La. Bar. No. 24288) RYAN O. LUMINAIS (Miss. Bar. No. 101871) SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C. 909 Poydras Street, Twenty-eighth Floor New Orleans, Louisiana 70112 Telephone: (504) 299-2100 Facsimile: (504) 299-2300 ATTORNEYS FOR KMART CORPORATION

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing has been served on all known counsel of record with the Clerk of Court using the CM/ECF system which will automatically send-email notification to all known counsel of record, this 17th day of October, 2013.

/s/ Ryan O. Luminais _________________________________________ RYAN O. LUMINAIS

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