Case: 1:11-cv-00103-GHD-DAS Doc #: 267 Filed: 10/08/13 1 of 7 PageID #: 3287
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
E&A SOUTHEAST LIMITED PARTNERSHIP’S MOTION FOR SUMMARY JUDGMENT
COMES NOW Defendant E&A Southeast Limited Partnership (“E&A”), by and through its undersigned counsel, and files this, its Motion for Summary Judgment, and in support thereof, would show unto the Court the following: 1.
As set forth previously by this Court in its Memorandum Order Granting Kroger’s
Motion to Dismiss, “[i]n May 2010, flash floods hit portions of Arkansas, Kentucky, Tennessee and northern Mississippi, resulting in extensive property damage and several fatalities.” See Memorandum Order Granting Kroger’s Motion to Dismiss, attached hereto as Exhibit 1, page 12. 2.
On May 2, 2011, Kmart Corporation (“Plaintiff”) filed its Complaint against The
City of Corinth, FEMA, The Kroger Company, Kansas City Southern Railway Company, Fulton Improvements, LLC, and E&A, seeking recovery for damages allegedly incurred as a result of May 2010 flooding of Kmart store 4883 located in Corinth, Mississippi. See Complaint, attached hereto as Collective Exhibit 2.