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Case: 1:11-cv-00103-GHD-DAS Doc #: 316 Filed: 11/08/13 1 of 2 PageID #: 5923

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 SUBMIT REPLY IN SUPPORT OF KMART’S MOTION TO EXCLUDE TESTIMONY OF ROBERT ELEY Pursuant to Local Uniform Civil Rule 7(b)(4), Plaintiff, Kmart Corporation, asks this Court for an additional seven days, up to and including November 15, 2013, to submit a reply in support of Kmart’s Motion to Exclude the Testimony of Robert Eley (Rec. Docs. 257-258). Kmart’s original deadline to submit a reply in support of its Motion to Exclude the Testimony of Mr. Eley is November 8, 2013. Defendants do not object to an additional seven days, up to and including November 15, 2013, to submit the reply motion. Kmart is not aware of any prejudice that would result from the granting of this Motion. Accordingly, Kmart asks this Court to allow it until November 15, 2013 to submit a reply in support of its Motion to Exclude the Testimony of Mr. Eley (Rec. Docs. 257-258). Dated: November 8, 2013


Case: 1:11-cv-00103-GHD-DAS Doc #: 316 Filed: 11/08/13 2 of 2 PageID #: 5924

/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 8th day of November, 2013.

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

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316 exparte unopposedmotionforextensionoftime kmart