324 motiontowithdrawmotionforextensionoftime fulton

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Case: 1:11-cv-00103-GHD-DAS Doc #: 324 Filed: 11/12/13 1 of 4 PageID #: 6210

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-JAD

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 TO WITHDRAW MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF JOHN R. KREWSON COMES NOW, Defendant, Fulton Improvements, LLC, by and through its attorneys, Jacks Luciano, P.A., and files this its Motion to Withdraw Motion for Extension of Time to File its Reply in Support of Motion in Limine to Exclude Expert Testimony of John R. Krewson, and in support thereof would state unto the Court as follows, to-wit: 1.

On November 7, 2013, Fulton filed a Motion for Extension of Time to File its

Reply in Support of Motion to Exclude the Testimony of John R. Krewson [Doc 313]. Fulton asked to have until November 18, 2013 to file its Reply in Support of its Motion to Exclude the Testimony of John R. Krewson. However, at the time the request for additional time was filed, Plaintiff Kmart had not actually filed its Response with this Court. Instead, Kmart had only filed a motion for leave to file its response, which this Court granted on November 4, 2013. WHEREFORE PREMISES CONSIDERED, the Defendant respectfully requests that this Honorable Court enter an order withdrawing its Motion for Additional Time to File a Reply by a November 18, 2013 deadline.


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