Case: 1:11-cv-00103-GHD-DAS Doc #: 322 Filed: 11/12/13 1 of 5 PageID #: 6203
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN 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, KANSAS CITY SOUTHERN RAILWAY COMPANY, CITY OF CORINTH, THE UNITED STATES OF AMERICA, JOHN DOE, and ABC CORPORATION
DEFENDANTS
MOTION FOR EXTENSION OF TIME COMES NOW The Kroger Co. (“Kroger”), by and through its counsel of record, and files this its Motion for Extension of Time (the “Motion”) for it to file its reply brief in support of its Motion for Summary Judgment [Doc. No. 269], and in support thereof would state unto the Court as follows, to-wit: 1.
On October 10, 2013, Kroger filed its Motion for Summary Judgment [Doc. No.
269] and supporting memorandum [Doc. No. 270] regarding the claims asserted against it by Kmart Corporation (“Kmart”). 2.
On October 15, 2013, the Court entered an order [Doc. No. 275] which granted
Kmart’s Ex Parte/Unopposed Motion for Extension of Time to Respond to Motion to Exclude Testimony of John R. Krewson and Motion for Summary Judgment Filed by The Kroger Co.1
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In its request for additional time, Kmart advised the Court as follows: “Kmart has requested an additional fourteen days to respond to each of these motions, which is unopposed by Kroger. Likewise, Kmart agrees to a similar extension of time for Kroger to file any reply memorandum.” [Doc. No. at 274 at 1] In an email exchange on November 8, 2013, counsel for Kmart agreed to Kroger’s counsel’s request for additional seven (7) days in which to file its reply brief in support of Kroger’s Motion for Summary Judgment. This Motion seeks only an additional seven (7) days.
Case: 1:11-cv-00103-GHD-DAS Doc #: 322 Filed: 11/12/13 2 of 5 PageID #: 6204
[Doc. No. 274] The Court’s Order of October 15 allowed Kmart until November 5, 2013 in which to file its response to Kroger’s Motion for Summary Judgment. [Doc. No. 275 at 2] 3.
On November 5, 2013, Kmart filed its Response in Opposition to The Kroger
Co.’s Motion for Summary Judgment [Doc. No. 307] and a supporting memorandum. [Doc. No. 308] Kroger’s reply brief is currently due to be filed on November 15, 2013. 4.
Due to the demands in the schedules of counsel for Kroger, and in order to
provide ample time for counsel to confer with their client, Kroger seeks an additional seven (7) days in which to file its reply brief in support of its Motion for Summary Judgment. 5.
Counsel for Kmart Corporation has advised that they are agreeable to said
extension. 6.
Kroger is unaware of any prejudice that would result from the granting of this
Motion. WHEREFORE, PREMISES CONSIDERED, Kroger requests that this Court enter an Order extending its deadline to file its reply brief in support of its Motion for Summary Judgment through and until Friday, November 22, 2013.
THIS, the 12th day of November 2013. Respectfully submitted, THE KROGER CO.
By: s/David A. Norris Of Counsel
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Case: 1:11-cv-00103-GHD-DAS Doc #: 322 Filed: 11/12/13 3 of 5 PageID #: 6205
Edley H. Jones III (MSB No. 3201) David A. Norris (MSB No. 100616) McGLINCHEY STAFFORD, PLLC City Center South, Suite 1100 200 South Lamar Street (Zip - 39201) Post Office Drawer 22949 Jackson, Mississippi 39225-2949 Telephone: (769) 524-2314 Facsimile: (769) 524-2333 dnorris@mcglinchey.com ejones@mcglinchey.com
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Case: 1:11-cv-00103-GHD-DAS Doc #: 322 Filed: 11/12/13 4 of 5 PageID #: 6206
CERTIFICATE OF SERVICE I, the undersigned David A. Norris, McGlinchey Stafford PLLC, hereby certify that on this day, I electronically filed the foregoing with the Clerk of the Court using the ECF system, which sent notification of such filing to the following: Ryan O. Lumainis James M. Garner John T. Balhoff, II SHER GARNER CAHILL RICHTER KLEIN & HILBERT, LLC 909 Poydras Street, 28th Floor New Orleans, LA 70112 Email: rluminais@shergarner.com Mary Clift Abdalla FORMAN, PERRY, WATKINS, KRUTZ & TARDY, PLLC 200 S. Lamar Street, Suite 100 Jackson, MS 39201 Email: abdallamc@fpwk.com Walter G. Watkins , Jr. FORMAN, PERRY, WATKINS, KRUTZ & TARDY, PLLC P.O. Box 22608 Jackson, MS 39225-2608 Email: wwatkins@fpwk.com Walter Garner Watkins , III FORMAN, PERRY, WATKINS, KRUTZ & TARDY, PLLC P.O. Box 22608 Jackson, MS 39225-2608 Email: trey@fpwk.com Gerald Haggart Jacks JACKS LUCIANO, P.A. P. O. Box 1209 Cleveland, MS 38732-1209 Email: gjacks@jlpalaw.com Jamie Ferguson Jacks JACKS LUCIANO, P.A. P. O. Box 1209 Cleveland, MS 38732-1209 Email: jjacks@jlpalaw.com
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Case: 1:11-cv-00103-GHD-DAS Doc #: 322 Filed: 11/12/13 5 of 5 PageID #: 6207
Charles E. Ross WISE, CARTER, CHILD & CARAWAY P. O. Box 651 Jackson, MS 39205-0651 Email: cer@wisecarter.com Terry Dwayne Little DANIEL, COKER, HORTON & BELL - Oxford P.O. Box 1396 Oxford, MS 38655 Email: tlittle@danielcoker.com Wilton V. Byars , III DANIEL, COKER, HORTON & BELL P.O. Box 1396 Oxford, MS 38655 Email: wbyars@danielcoker.com John Evans Gough , Jr. U.S. ATTORNEY'S OFFICE - Oxford 900 Jefferson Avenue Oxford, MS 38655-3608 Email: john.gough@usdoj.gov Linda F. Cooper WISE CARTER CHILD & CARAWAY, P.A. P.O. Box 651 Jackson, MS 39205-0651 and I hereby certify that I have mailed by United States Postal Service the document to the following non-ECF participants: None THIS, the 12th day of November 2013.
s/ David A. Norris David A. Norris
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