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Case: 1:11-cv-00103-GHD-DAS Doc #: 244 Filed: 10/01/13 1 of 2 PageID #: 1651

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants EX PARTE/UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO EXCLUDE TESTIMONY OF JOHN R. KREWSON Pursuant to Local Uniform Civil Rule 7(b)(4), Plaintiff, Kmart Corporation, asks this Court for an additional fourteen days, up to and including October 18, 2013, to respond to Defendant Kansas City Southern Railway Company’s Motion to Exclude Testimony of John R. Krewson (Rec. Docs. 240). Plaintiffs’ original deadline to respond to Kansas City Southern Railway Company’s Motion is October 4, 2013. Given the nature of this motion, Plaintiffs have requested an additional fourteen days to respond, which is unopposed by Kansas City Southern Railway Company. Likewise, Kmart agrees to a similar extension of time for Kansas City Southern Railway Company to file any reply memorandum. Accordingly, Kmart asks this Court to allow it until October 18, 2013 to respond to Kansas City Southern Railway Company’s Motion to Exclude Testimony of John R. Krewson.


Case: 1:11-cv-00103-GHD-DAS Doc #: 244 Filed: 10/01/13 2 of 2 PageID #: 1652

/s/ Ryan O. Luminais __________________________________________ JAMES M. GARNER (La. Bar. No. 19589) JOHN T. BALHOFF, II (La. Bar. No. 24288) RYAN O. LUMINAIS (Miss. Bar. No. 101871) SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C. 909 Poydras Street, Twenty-eighth Floor New Orleans, Louisiana 70112 Telephone: (504) 299-2100 Facsimile: (504) 299-2300 ATTORNEYS FOR KMART CORPORATION

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing has been served on all known counsel of record with the Clerk of Court using the CM/ECF system which will automatically send-email notification to all known counsel of record, this 1st day of October, 2013.

/s/ Ryan O. Luminais _________________________________________ RYAN O. LUMINAIS

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