NO. 01-12-00502-CV

_____________________________________________________

IN THE COURT OF APPEALS FOR THE FIRST DISTRICT

OF TEXAS AT HOUSTON

_____________________________________________________

KELLY R. GINN, GREEN-SPAN PROFILES, L.P., GREEN-SPAN 

MANAGEMENT, L.L.C., GREEN-SPAN ENTERPRISES, INC., AND

BKG INVESTMENTS, L.L.C.,

Appellants/Cross-Appellees

vs.

NCI BUILDING SYSTEMS, INC.

Appellee/Cross-Appellant.

_____________________________________________________

Appeal from the 11th Judicial District Court

of Harris County, Houston, Texas, Trial Court Cause No. 2009-35831

_____________________________________________________

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO 

FILE MOTION FOR REHEARING AND/OR EN BANC REHEARING

Appellants/Cross-Appellees Kelly R. Ginn, Green-Span Profiles, L.P., GreenSpan Management, L.L.C., Green-Span Enterprises, Inc., and BKG Investments, 

L.L.C. ("Ginn") files this Second Unopposed Motion for Extension of Time to File 

Motion for Rehearing and/or En Banc Rehearing and asks for a ten-day extension.

I. Introduction

1. Appellants/Cross-Appellees are Kelly R. Ginn, Green-Span Profiles, L.P., 

Green-Span Management, L.L.C., Green-Span Enterprises, Inc., and BKG 

Investments, L.L.C. Appellee is NCI Building Systems, Inc.

ACCEPTED

01-12-00502-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

9/9/2015 4:16:56 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 4:16:56 PM CHRISTOPHER A. PRINE Clerk
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2. This Court has authority to extend the time to file a motion for rehearing and/or 

motion for rehearing en banc. See TEX. R. APP. P. 49.8.

II. Arguments and Authorities

3. This Court may extend the time to file an appellants’ motion for rehearing or 

rehearing en banc under the authority of Texas Rule of Appellate Procedure 49.8.

4. The Appellants' Motion for Rehearing is currently due on September 11, 2015. 

This Court issued a ninety-page opinion that has required extensive time to digest and 

to communicate with the clients. Appellants request additional time to narrow the 

issues for rehearing.

5. Moreover, the parties are currently engaged in settlement discussions that may 

resolve the need for any further appeal. Appellants request a ten-day extension to 

explore the possibility of a final resolution of this case. If an extension is not granted, 

and Appellants have to file a motion for rehearing even though the parties ultimately 

settle the dispute, the parties’ and the court’s resources will be wasted.

6. Appellants desire to extend for ten additional days the date that Appellants' 

motion for rehearing and/or motion for rehearing en banc is due so that the parties may 

finalize settlement communications and so that Appellants may submit a narrowly 

tailored motion that assists this Court with the resolution to this case in the event that 

the case does not settle. If this Motion is granted, the due date for the Appellants' 

motion for rehearing and/or motion for rehearing en banc would be September 21, 
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2015. This request is made for good cause, so that justice may be done, and is not filed 

for the purposes of delay. One previous motion to extend time has been filed by 

Appellants regarding its motion for rehearing.

III. Conclusion

Accordingly, Appellants request that this Court grant this Motion to Extend 

Time to File Appellants' motion for rehearing and/or motion for rehearing en banc and 

requests that this Court enter an order extending the due date for its Appellants' motion 

for rehearing and/or motion for rehearing en banc from September 11, 2015 to 

September 21, 2015, and requests that this Court award any and all other relief to 

which it is entitled in either law or equity.
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Respectfully submitted,

WINSTEAD PC

By: /s/ David F. Johnson

Stephen W. Schueler

State Bar No. 17823000

sschueler@winstead.com

Zachary B. Allie

State Bar No. 24063997

zallie@winstead.com

600 Travis Street, Suite 1100

Houston, Texas 77002-5895

(713) 650-8400 (telephone)

(713) 650-2400 (facsimile)

And

David F. Johnson

State Bar No. 24002357

dfjohnson@winstead.com

300 Throckmorton Street, Suite 1700

Fort Worth, Texas 76102

Telephone: 817.420.8200

Telecopy: 817.420.8201

ATTORNEYS FOR APPELLANTS/ 

CROSS-APPELLEES KELLY R. GINN, 

GREEN-SPAN PROFILES, L.P., GREENSPAN MANAGEMENT, L.L.C., GREEN 

SPAN ENTERPRISES, INC., AND BKG 

INVESTMENTS, L.L.C.
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CERTIFICATE OF CONFERENCE

On September 9, 2015, counsel for Appellants conferred with counsel for 

Appellee and Appellee does not oppose the granting of the relief requested herein.

/s/ David F. Johnson

David F. Johnson

CERTIFICATE OF FILING AND SERVICE

I hereby certify that a true and correct copy of the foregoing document has been 

filed with the court by electronic filing this day and served upon the following counsel 

of record on this 9th day of September, 2015.

Rusty Hardin, Esq. rhardin@rustyhardin.com

Bob Galatas, Esq. bgalatas@rustyhardin.com

Lara Hollingsworth, Esq. lhollingsworth@rustyhardin.com

Joe Roden, Esq. jroden@rustyhardin.com

Rusty Hardin & Associates and Telecopier (713) 652-9800

5 Houston Center

1401 McKinney, Suite 2250

Houston TX 77010-4035

Melissa J. Judd, Esq. mjudd@littler.com

Littler Mendelson, P.C. and Telecopier (713) 951-9212

1301 McKinney Street, Suite 1900

Houston TX 77010

Patrick D. Sullivan, Esq. Sullivan@hooverslovacek.com

Dylan B. Russell, Esq. Russell@hooverslovacek.com

Hoover Slovacek LLP and Telecopier (713) 977-5395

5847 San Felipe, Suite 2200

Houston TX 77057-3918

/s/ David F. Johnson

One of Counsel