In Re: Kmart Corporation, Debtor(s)

Case No. 02 B 2474United States Bankruptcy Court, N.D. Illinois.
November 26, 2003

FINAL RETRIAL ORDER FOR THE SURETY MATTERS
SUSAN SONDERBY, Chief Judge, Bankruptcy

The following provisions will govern the future course of this proceeding. Failure to comply with the provisions of this order may result in waiver of claims or defenses, dismissal, default, exclusion or admission of evidence, or other sanction, us justice may require.

Counsel for all parties are hereby ordered to confer and together prepare and file with the court on or before February 25, 2004, a joint document captioned “Pretrial Statement.” The Pretrial Statement will contain the following information:

1. A brief statement of the theory of each claim and each defense
2. A statement of stipulated facts in numbered paragraphs
3. A statement in numbered paragraphs setting out the material facts which are in dispute
4. Each party’s list of witnesses with any objections noted, stating grounds
5. Each party’s list of exhibits it plans to offer with objections noted, stating grounds.

Each party will provide all other parties a copy, and the court two copies, of all exhibits to be used at trial. Each exhibit will be pre-marked, e.g., “Plaintiff’s Exhibit 1.” Any exhibit to which an objection is no1 raised in the Pretrial Statement will be received in evidence without an offer during the trial.

Trial is set for March 3, 2004, at 1:30 p.m. Courtroom 642
March 4, 2004 2:00 p.m.

Everett McKinley Dirksen United States Courthouse, 219 So.Dearborn Street, Chicago, Illinois.

An attorney who is a member of the trial bar under the provisionsof Rule 6001B) of the local Bankruptcy Rules of this Court shallparticipate in the trial.

Form Order No. 13