UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

KMART CORPORATION PLAINTIFF

v. CIVIL ACTION NO. 1:11-CV-00103-GHD-DAS

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

ORDER GRANTING DEFENDANT THE KROGER CO. 'S

MOTION FOR EXTENSION OF TIME

Presently before the Court is Defendant The Kroger Co.'s motion for extension of time

[322] to file a reply in support of its motion for summary judgment [269]. Defendant The Kroger

Co. has infonned the Court that Plaintiffhas no objection to the extension.

THEREFORE, it is HEREBY ORDERED that Defendant The Kroger Coo's motion for

extension of time [322] to file a reply in support of its motion for summary judgment [269] is

GRANTED, and Defendant The Kroger Co. must file that reply on or before Friday, November 22,

2013.

I 3~ It is SO ORDERED, this, the day ofNovember, 2013.

SENIOR JUDGE

Case: 1:11-cv-00103-GHD-DAS Doc #: 328 Filed: 11/13/13 1 of 1 PageID #: 6219