None of the Defendants have appeared in this case to date. Plaintiff is still waiting for

Mach Speed to return the Waiver of Service of Summons. Plaintiff needs more time to work

with Mach Speed to see if it will return the waiver as requested.

It may conserve judicial resources if the time for all the Defendants to respond to the

Complaint is similarly extended to the same date. As it currently stands now, all of the

Defendants who have been served and/or have waived service of the summons have different

response deadlines with respect to the Complaint that vary from January 2, 2013 to February 11,

2013. Defendants Sears Roebuck, Sears Holding, and Kmart Corporation have indicated that

they will have the same counsel and, accordingly, would like the same deadline by which to

respond to the Complaint. As it stands now, Defendants Sears Roebuck, Sears Holding, and

Kmart Corporation have different deadlines to respond to the Complaint.

Additionally, to date, an apparent authorized agent of lead Defendant Mach Speed has

indicated a willingness to discuss settlement of this matter. If a resolution can be reached in this

matter, most likely such a resolution would be a global resolution that would resolve this case in

its entirety as to all the parties.

With the above in mind, Plaintiff seeks an extension of time for all the Defendants to

respond to the Complaint not for delay, but to permit the parties an opportunity to resolve

Plaintiff’s claims without the need for further litigation.

Additionally, Plaintiff also wants to avoid duplication of motions, hearings, and/or

conferences if possible by having the same deadline by which the Defendants in this case will

have to respond to the Complaint. This will serve to streamline this case, should not it not be

resolved, in a way that will help conserve the time and resources of the parties, their counsel, and

the Court.