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P.I.: Other | Kentucky Western
Order on Motion for Summary Judgment Order on Motion for Extension of Time to File Response/Reply Order on Motion for Leave to Order on Motion for Miscellaneous Relief
ORDER Signed by Magistrate Judge Colin H. Lindsay on 8/20/2026: The Court construes the language of Kimco's 63 Notice of Settlement identifying its 36 Motion for Summary Judgment as moot as a request to withdraw it, and the same is hereby WITHDRAWN. Kimco's 63 Motion Regarding Pending Filings is GRANTED. Kroger's 46 Motion for Extension of Time, the Parties' 59 Joint Motion for Leave to Supplement, and Kroger's 53 Motion for Leave to Exceed Limits are DENIED as moot. On or before 9/4/2026, Plaintiff and Defendant Kroger shall consult with their respective decisionmakers and jointly contact the Magistrate Judge's Case Manager, Theresa Burch, via e-mail at theresa_burch@kywd.uscourts.gov with dates on which they are available for a settlement conference. cc: Counsel (DLW)
Status Report
Joint STATUS REPORT by Kroger Limited Partnership I. (Hornback, Paige)
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