Nicholas Kreines, David P. Ryan, Liberty Mineral Partners LLC, Nak Resources INC., and CGR Oil and Gas, LLC v. ES3 Minerals, LLC

Opinion

ACCEPTED 15-25-00027-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/7/2025 10:15 AM NO. 15-25-00027-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN FOR THE FIFTEENTH JUDICIAL DISTRICT 15th COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 4/7/2025 10:15:28 AM CHRISTOPHER A. PRINE NICHOLAS KREINES, DAVID P. RYAN, LIBERTY MINERAL Clerk PARTNERS LLC, NAK RESOURCES INC, AND CGR OIL AND GAS, LLC, Appellants, v.

ES3 MINERALS, LLC, Appellee.

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

Appellants Nicholas Kreines (“Kreines”), David P. Ryan (“Ryan”),

Liberty Mineral Partners LLC (“LMP”), NAK Resources Inc. (“NAK”), and

CGR Oil and Gas, LLC (“CGR,” and all together, the “Appellants”) file this

Motion for Extension of Time to File Appellant’s Brief.

1. Appellants’ Brief is currently due on or before April 8, 2025.

2. Appellants seek a 13-day extension of time to file the

Appellants’ Brief, which would make the Brief due on or before April 21,

2025. 3. This extension of time is necessary because of recent

developments in proceedings in the Business Court that may change the

scope of the appeal or moot the appeal altogether. On February 27, 2025,

the Business Court conducted a hearing on Appellants’ Motion to

Dissolve the Temporary Injunction that is the subject of this appeal. At

the same time, the Business Court heard Appellee’s alternative Motion

to Modify the Temporary Injunction.

4. At the end of the day on Friday, April 4, the parties received

an email from the Business Court’s staff stating that the court would rule

on the motions concerning the Temporary Injunction by the end of the

day on Monday, April 7. If the Business Court were to dissolve the

Temporary Injunction, this appeal would be rendered moot.

5. To allow Appellants time to analyze the Business Court’s

anticipated order and provide the Court with a brief that is not

immediately superseded by events, Appellants respectfully ask the Court

to extend the deadline to file its Brief to April 21, 2025.

6. This is the first extension of time Appellants have requested

from this Court since the case was transferred from the Eighth Court of

Appeals. This Motion is not filed for the purpose of delay, but to allow

2 counsel adequate time to prepare a Brief that will protect the interests of

Appellants and be helpful to the Court. Counsel anticipates that this will

be the last extension sought to file Appellants’ Brief.

7. Counsel for Appellants have conferred with counsel for

Appellee and Appellee does not oppose this motion to extend time.

For these reasons, Appellants request that this Court grant

Appellants’ Motion for Extension of Time to File Appellants’ Brief, so that

the Brief will be due on or before April 21, 2025. Appellants also request

any other relief to which they may be entitled.

3 Respectfully submitted,

LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. 816 Congress Avenue, Suite 1900 Austin, Texas 78701 (512) 322-5800 Phone (512) 472-0532 Facsimile

By: /s/ James F. Parker JAMES F. PARKER State Bar No. 24027591 jparker@lglawfirm.com GABRIELLE C. SMITH State Bar No. 24093172 gsmith@lglawfirm.com SYDNEY P. SADLER State Bar No. 24117905 ssadler@lglawfirm.com

ATTORNEYS FOR APPELLANTS

4 CERTIFICATE OF CONFERENCE

I hereby certify that I spoke with counsel for Appellee, Michael Marin, on April 7, 2025. Mr. Marin informed me that Appellee does not oppose an extension of time for Appellants to file their Brief.

/s/ James F. Parker JAMES F. PARKER

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forwarded to the following attorneys of record via the Court’s electronic filing case management system and electronic mail on this 7th day of April, 2025.

Michael D. Marin mmarin@boulettegolden.com Tori B. Bell tori@boulettegolden.com BOULETTE GOLDEN & MARIN L.L.P. 2700 Via Fortuna, Suite 250 Austin, TX 78746

ATTORNEYS FOR APPELLEE

/s/ James F. Parker JAMES F. PARKER

5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Cathy Daniels on behalf of James Parker Bar No. 24027591 cdaniels@lglawfirm.com Envelope ID: 99341729 Filing Code Description: Motion Filing Description: Appellants' Unopposed Motion for Extension of Time to File Brief Status as of 4/7/2025 10:19 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

James F.Parker jparker@lglawfirm.com 4/7/2025 10:15:28 AM SENT

Gabrielle C.Smith gsmith@lglawfirm.com 4/7/2025 10:15:28 AM SENT

Sydney P.Sadler ssadler@lglawfirm.com 4/7/2025 10:15:28 AM SENT

Michael D.Marin mmarin@boulettegolden.com 4/7/2025 10:15:28 AM SENT

Tori B.Bell tori@boulettegolden.com 4/7/2025 10:15:28 AM SENT

Steven Garrett steven@boulettegolden.com 4/7/2025 10:15:28 AM SENT