Case: 1:11-cv-00103-GHD-DAS Doc #: 319 Filed: 11/08/13 1 of 8 PageID #: 5928
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants _____________________________________________________________________________________________
REPLY MEMORANDUM IN RESPONSE TO DEFENDANTS’ OPPOSITION TO MOTION TO EXCLUDE OR LIMIT THE ANTICIPATED TRIAL TESTIMONY OF ROBERT H. ALEXANDER May It Please the Court: Plaintiff, Kmart Corporation, submits this Reply Memorandum in response to Defendants E&A Southeast Limited Partnership, The Kroger Co., Kansas City Southern Railway, and Fulton Improvements, LLC’s Joint Response to Kmart’s Motion in Limine to Exclude or Limit the Anticipated Trial Testimony of Mr. Robert H. Alexander. Defendants ultimately evade the question as to whether they plan to have Mr. Alexander testify at trial as to the reasonableness of the period of restoration in Kmart reopening its store in Corinth, Mississippi following the May 2, 2010 flood. While Mr. Alexander testified at his deposition that he would not likely provide an opinion at trial as to the reasonableness of Kmart’s period of restoration and that such a determination was ultimately to be made by the jury, Defendants’ evasive response suggest that they want to take a “wait and see” approach as to the scope of Mr. Alexander’s conclusions at trial. Contrary to Defendants’ arguments, Kmart’s narrowly tailored motion is ripe and can be decided by this Court without any further delay.