UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF MISSISSIPPI

EASTERN DIVISION

KMART CORPORATION,

PlaintiffCIV. 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 TOMOTION 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 1 of 2 PageID #: 1651

/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 FloorNew Orleans, Louisiana 70112Telephone: (504) 299-2100Facsimile: (504) 299-2300ATTORNEYS 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

2

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