Kelly R. Ginn, Green-Span Profiles, L.P., Green-Span Management, L.L.C., Green-Span Enterprises, Inc., and BKG Investments, L.L.C. v. NCI Building Systems, Inc.

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION Cause Number: 01-12-00502-CV Trial Court Cause Number: 0935831 Kelly R. Ginn, Green-Span Profiles. L.P., Green-Span Management, L.L.C., and BKG Style: Investments, L.L.C. v NCI Building Systems, Inc. * Date motion filed : July 2, 2013 Appellants/Cross-Appellees Kelly R. Ginn, Green-Span Profiles, L.P.,Green-Span Management, L.L.C., and BKG Investments, L.L.C.'s ("Appellants") Motion to Strike Type of motion: Portions of Reply Brief, and in the alternative, Motion for Leave to File Response Party filing motion: Appellants/Cross-Appellees Document to be filed:

Is appeal accelerated? YES NO

Ordered that motion is:

Granted If document is to be filed, document due: Absent extraordinary circumstances, the Court will not grant additional motions to extend time

Denied Dismissed (e.g., want of jurisdiction, moot) Other: Granted in Part and Denied in part. Appellant's motion to strike portions of the Reply Brief is denied. Appellant's motion for leave is granted in part; Appellants may file a supplemental brief, responsive only to pages 1-7 of NCI’s reply brief, not to exceed 4 pages, to be filed on or before July 29, 2013

Judge's signature: /s/ Michael Massengale Acting individually Acting for the Court

Panel consists of

Date: July 5, 2013