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 8/4/2025 10:57 AM NO. 15-25-00027-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN 15th COURT OF APPEALS FOR THE FIFTEENTH JUDICIAL DISTRICTAUSTIN, TEXAS AT AUSTIN, TEXAS 8/4/2025 10:57:07 AM CHRISTOPHER A. PRINE Clerk NICHOLAS KREINES, DAVID P. RYAN, LIBERTY MINERAL 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 REPLY 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 Appellants’ Reply Brief.

1. Appellants’ Reply Brief is currently due on or before August 12,

2025.

2. Appellants seek a 20-day extension of time to file their reply

brief, which would make the brief due on or before September 1, 2025.

3. This extension of time is necessary due to other conflicting

deadlines and scheduling challenges. Specifically, counsel for Appellants has a number of upcoming appellate deadlines and scheduled vacation that

impact the current briefing deadline for their reply brief.

4. In addition to the pending appellate deadlines, counsel for

Appellants has a series of 17 depositions that are scheduled to occur over

the following three weeks beginning on August 1 in ES3 Minerals, LLC

v. Nicholas Kreines, et al., Cause No. 24-BC03B-0005 (Third Division of

the Texas Business Court).

5. Finally, pursuant to the vacation letter filed on April 1, 2025,

lead counsel for Appellants was out of the country July 4–27, 2025.

6. Counsel for Appellants has conferred with counsel for Appellee

and Appellee does not oppose this motion to extend time.

7. This is the second extension of time appellants have sought for

filing their Reply Brief. This motion is not filed for the purpose of delay,

but to allow counsel adequate time to prepare a reply brief that will protect

the interests of Appellants and be helpful to the Court.

For these reasons, Appellants request that this Court grant

Appellants’ Motion for Extension of Time to File Appellants’ Reply Brief,

so that the reply brief will be due on or before September 1, 2025.

Appellants also request any other relief to which they may be entitled.

2 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 NATHAN MARROQUIN State Bar No. 24137008 nmarroquin@lglawfirm.com

ATTORNEYS FOR APPELLANTS

3 CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with counsel for Appellee, Ryan Clinton and Liane Weatherford Schmelzer, on July 31, 2025. Ms. Schmelzer informed me that Appellee does not oppose an extension of time for Appellants to file their reply 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 4th day of August, 2025.

Ryan Clinton rdclinton@dgclaw.com Laine Weatherford Schmelzer lwschmelzer@dgclaw.com DAVIS GERALD & CREMER, PC 515 Congress Ave, Suite 1510 Austin, Texas 78701

Michael D. Marin mmarin@boulettegolden.com Steven Garrett steven@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

4 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: 103925798 Filing Code Description: Motion Filing Description: Appellants' Unopposed Motion for Extension of Time to File Reply Brief Status as of 8/4/2025 11:08 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Ryan Clinton rdclinton@dgclaw.com 8/4/2025 10:57:07 AM SENT

Laine Weatherford Schmelzer lwschmelzer@dgclaw.com 8/4/2025 10:57:07 AM SENT

Kaycie Martinez kcmartinez@dgclaw.com 8/4/2025 10:57:07 AM SENT

James F.Parker jparker@lglawfirm.com 8/4/2025 10:57:07 AM SENT

Gabrielle C.Smith gsmith@lglawfirm.com 8/4/2025 10:57:07 AM SENT

Sydney P.Sadler ssadler@lglawfirm.com 8/4/2025 10:57:07 AM SENT

Michael D.Marin mmarin@boulettegolden.com 8/4/2025 10:57:07 AM SENT

Tori B.Bell tori@boulettegolden.com 8/4/2025 10:57:07 AM SENT

Steven Garrett steven@boulettegolden.com 8/4/2025 10:57:07 AM SENT