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
1
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.