Case: 1:11-cv-00103-GHD-DAS Doc #: 311 Filed: 11/06/13 1 of 3 PageID #: 5906
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION VS.
PLAINTIFF CIVIL ACTION NO. 1:11-CV-103-GHD-DAS
THE KROGER CO., E&A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS LLC; THE KANSAS CITY SOUTHERN RAILWAY COMPANY; CITY OF CORINTH; THE UNITED STATES OF AMERICA; JOHN DOE; AND ABC CORPORATION
DEFENDANTS
______________________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME ______________________________________________________________________________ COMES NOW, Defendant The Kansas City Southern Railway (“KCSR”), by and through counsel, and files this its Motion for Extension of Time for it to file its reply in further support of its Motion for Summary Judgment [Doc 253], and in support thereof would state unto the Court as follows, 1. Pursuant to this Court’s Order of August 2, 2013, the deadline for filing dispositive motions and motions in limine to exclude experts was October 8, 2013. On October 7, 2013, KCSR filed its Motion for Summary Judgment. [Doc 253]. Under the Rules, Plaintiff’s response to KCSR’s motion was due on October 24, 2013. On October 21, 2013, this Court granted Plaintiff’s unopposed motion for an extension of time until October 30, 2013, to file its response to KCSR’s motion. [Doc 279]. Under the Federal Rules of Civil Procedure and the Local Rules, KCSR’s reply is currently due to be filed November 11, 2013. 2. Due to the demands in the schedules of counsel for KCSR and the number of pending 1
Case: 1:11-cv-00103-GHD-DAS Doc #: 311 Filed: 11/06/13 2 of 3 PageID #: 5907
motions which require responses and replies in this action, KCSR requests an extension of time in the amount of four days, i.e. through and until November 15, 2013, to file its reply in further support of Motion for Summary Judgment. 3. Counsel for Kmart Corporation has advised that they are agreeable to said extension. 4. Movants are unaware of any prejudice that would result from the granting of this Motion. WHEREFORE PREMISES CONSIDERED, KCSR requests that this Court enter an Order extending its deadline to file its reply in further support of its Motion for Summary Judgment through and until Friday, November 15, 2013.
THIS the 6th day of November, 2013. Respectfully submitted, THE KANSAS CITY SOUTHERN RAILWAY COMPANY
BY:__/s / Linda F. Cooper CHARLES E. ROSS (MSB #5683) W. McDONALD NICHOLS (MSB #3847) LINDA F. COOPER (MSB #102901) Attorneys for Defendant KCSR
OF COUNSEL WISE CARTER CHILD & CARAWAY, P.A. 600 Heritage Building 401 East Capitol Street Post Office Box 651 Jackson, Mississippi 39205-0651 Telephone: (601) 968-5500 Facsimile: (601) 968-5593 2
Case: 1:11-cv-00103-GHD-DAS Doc #: 311 Filed: 11/06/13 3 of 3 PageID #: 5908
CERTIFICATE OF SERVICE I, Linda F. Cooper, one of the attorneys for Defendant, The Kansas City Southern Railway Company, do hereby certify a copy of the above and foregoing has been served on all known counsel of record with the Clerk of the Court using the CM/ECF system which will automatically send email notification to all known counsel of record. This, the 6th day of November, 2013.
/s/ Linda F. Cooper LINDA F. COOPER
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