325 motiontowithdrawmotionforextensionoftime e&a

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Case: 1:11-cv-00103-GHD-DAS Doc #: 325 Filed: 11/12/13 1 of 3 PageID #: 6214

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION, VS.

PLAINTIFF CIV. ACT. NO. 1:11CV103-GHD-DAS

THE KROGER CO., et al

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 E&A Southeast Limited Partnership (“E&A”), by and through its attorneys, 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: On November 8, 2013, E&A filed a Motion for Extension of Time to File its Reply in Support of Motion to Exclude the Testimony of John R. Krewson [Doc 314]. E&A 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, Kmart had not filed its response but rather filed a motion for leave to file its response, which this Court granted on November 4, 2013. Plaintiff did not file its response until November 11, 2013 [Doc 321]. 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. Date: November 12, 2013


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