IN RE KMART CORPORATION

SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of Kmart's Motion for Entry of Agreed Order Extending Kmart's Deadline for Designation of the Content of the Record on Appeal in the Franchise Tax Board of the State of California's Appeal, and by agreement of the parties, Kmart shall have until March 31, 2005 to file its designation of the record in the appeal filed by the Franchise Tax Board of The State of California.