Case: 1:11-cv-00103-GHD-DAS Doc #: 291 Filed: 10/29/13 1 of 2 PageID #: 4321
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 SUBMIT REBUTTAL IN SUPPORT OF KMART’S MOTION TO EXCLUDE TESTIMONY OF KELLY BLAKE MENDROP Pursuant to Local Uniform Civil Rule 7(b)(4), Plaintiff, Kmart Corporation, asks this Court for an additional seven days, up to and including November 8, 2013, to submit a rebuttal in support of Kmart’s Motion to Exclude the Testimony of Kelly Blake Mendrop (Rec. Docs. 261-262). Kmart’s original deadline to submit a rebuttal in support of its Motion to Exclude the Testimony of Kelly Blake Mendrop is November 1, 2013. Mr. Mendrop was retained by Kansas City Southern Railway Company, and Kansas City Southern Railway Company does not object to an additional seven days, up to and including November 8, 2013, to submit the rebuttal motion. Kmart is not aware of any prejudice that would result from the granting of this Motion. Accordingly, Kmart asks this Court to allow it until November 8, 2013 to submit a rebuttal in support of its Motion to Exclude the Testimony of Kelly Blake Mendrop (Rec. Docs. 261-262).
Case: 1:11-cv-00103-GHD-DAS Doc #: 291 Filed: 10/29/13 2 of 2 PageID #: 4322
Dated: October 29, 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 29th day of October, 2013.
/s/ Ryan O. Luminais _________________________________________ RYAN O. LUMINAIS
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