UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

KMART CORPORATION PLAINTIFF

v. CIVIL ACTION NO. I:II-CV-00103-GHD-DAS

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

ORDER DENYING PLAINTIFF'S MOTIONS FOR LEAVE TO FILE AMENDED REPORTS OF PLAINTIFF'S EXPERT, JOHN R. KREWSON

Pursuant to an opinion issued this day, it is hereby ORDERED that

I. Plaintiff Kmart Corporation's motion to appeal [227] the United States Magistrate

Judge's denial of its motion for leave to file the proposed amended report of its

engineering expert, John R. Krewson, is DENIED;

2. the United States Magistrate Judge's Order [213) denying leave to file the report is

AFFIRMED; and

3. Plaintiff Kmart Corporation's motion for leave [271) to file the newly proposed

amended Krewson report is DE~ED. .f)­

It is SO ORDERED, this, the J~ day ofDecember, 2013.

A~JJgClA-~SENIOR JUDGE

Case: 1:11-cv-00103-GHD-DAS Doc #: 346 Filed: 12/18/13 1 of 1 PageID #: 6704