Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 4:16:56 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-12-00502-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 4:16:56 PM CHRISTOPHER PRINE CLERK 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 11 th Judicial District Court
of Harris County, Houston, Texas, Trial Court Cause No. 2009-35831
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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., Green-
Span 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.
2. This Court has authority to extend the time to file a motion for rehearing and/or
motion for rehearing en banc. See T EX . R. A PP . 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,
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.
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., GREEN- SPAN MANAGEMENT, L.L.C., GREEN SPAN ENTERPRISES, INC., AND BKG INVESTMENTS, L.L.C.
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