UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

KMART CORPORATION PLAINTIFF

v. CIVIL ACTION NO.1 :11-CV-00I03-GHD-DAS

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

ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME

Presently before the Court is a motion for an extension of time [289] filed by Defendants

Fulton Improvements, LLC; The Kroger Co.; E & A Southeast Limited Partnership; and Kansas

City Southern Railway Company to file a response to Plaintiffs motion for leave to file the

amended report ofJohn R. Krewson [271]. Defendants have informed the Court that Plaintiff has

no objection to the extension.

THEREFORE, it is HEREBY ORDERED that the motion for an extension of time [289]

filed by Defendants Fulton Improvements, LLC; The Kroger Co.; E & A Southeast Limited

Partnership; and Kansas City Southern Railway Company is GRANTED. Defendants Fulton

Improvements, LLC; The Kroger Co.; E & A Southeast Limited Partnership; and Kansas City

Southern Railway Company must file their response to Plaintiff s motion for leave to file the

amended report of John R. Krewson [271] on or before Monday, November 4, 2013 . .AC1;:..

It is SO ORDERED, this, the ~ 8 day ofOctober, 2013.

4~ /jO~SENIOR JUDGE

Case: 1:11-cv-00103-GHD-DAS Doc #: 290 Filed: 10/29/13 1 of 1 PageID #: 4320