326 ordergrantingmotiontowithdrawmotionforextensionoftime fulton e&a

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Case: 1:11-cv-00103-GHD-DAS Doc #: 326 Filed: 11/13/13 1 of 1 PageID #: 6217

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

KMART CORPORATION

PLAINTIFF

v.

CIVIL ACTION NO. 1:11-CV-00103-GHD-DAS

THE KROGER CO.; E & A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS, LLC; and KANSAS CITY SOUTHERN RAILWAY COMPANY

DEFENDANTS

ORDER GRANTING MOTIONS TO WITHDRAW Presently before the Court are the following: Defendant Fulton Improvements, LLC's motion to withdraw [324] its previously filed motion for an extension oftime [313], and Defendant E & A Southeast Limited Partnership's motion to withdraw [325] its previously filed motion for an extension of time [314]. Both parties inadvertently filed motions seeking extensions of time to file replies in support ofE & A Southeast Limited Partnership's motion to exclude testimony of John R. Krewson [265].

Because PlaintiffKmart Corporation filed its response to that motion

on November 11, 2013, any such reply is not yet due. The Court finds that the motions to withdraw are well taken. THEREFORE, it is HEREBY ORDERED that Defendant Fulton Improvements, LLC's motion to withdraw [324] its previously filed motion for an extension of time [313] is

GRANTED, and Defendant E & A Southeast Limited Partnership's motion to withdraw [325] its previously filed motion for an extension oftime [314] is also GRANTED. Both previously filed motions for extension are hereby WITHDRAWN.

at.

It is SO ORDERED, this, the

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SENIOR JUDGE


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