Preview
9/2/2021 10:25 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 56902990
By: Brenda Espinoza
10:25 AM
Filed: 9/2/2021
CAUSE N0. 2021-22525
LA ENERGIA NORTENA, LLC, § IN TI-IE DISTRICT COURT
ADRIAN ZAMARRIPA, and §
HUMBERTO NOVOA §
§
VS. § 61“ JUDICIAL DISTRICT
§
MOISES CUEVAS, JR. § HARRIS COUNTY, TEXAS
DEFENDANT MOISES CUEVAS, JR.’S MOTION TO TRANSFER VENUE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, MOISES CUEVAS, JR. (“Defendant”), and files this his Motion to
Transfer Venue and would respectfully show the Court as follows:
I.
Defendant would show that Harris County, where this suit is filed and is pending, is not a
proper county with respect to venue and this suit should be transferred to Dallas County which is
a proper county of venue, as set forth below.
II.
This lawsuit arises out of a dispute between the members of La Energia Nortena, LLC, a
Texas limited liability company, and request to dissolve the company. Plaintiff La Energia
Nortena, LLC, has a mailing address of 10606 Shady Trail, Suite 21, Dallas, Texas 75220, and
of 5
the registered agent of La Energia Nortena, LLC isHumberto Novoa, and the registered agent’s
1
Certified Document Number: 97686141 - Page
address on file with the Texas Secretary of State is 1111 W. Mockingbird Lane, Ste. 640, Dallas,
Texas 75220. Plaintiff Humberto Novoa is an individual residing within Dallas County with a
business/residential address of 10606 Shady Trail, Suite 21, Dallas, Dallas County, Texas 75220.
Plaintiff Adrian Zamarripa is a pro se individual residing within Dallas County, at 908 South
DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 1
Mesquite Street, Arlington, Texas 76010. In addition, Defendant Moises Cuevas, Jr. is an
individual residing at 3611 Borger St., Dallas, Dallas County, Texas 75212.
III.
Accordingly, Defendant objects to venue in Harris County, the county in which this suit
was instituted, on the grounds that venue is not proper in Harris County but instead is proper in
Dallas County for this action as prescribed by Sections 15.002 (a)(2) of the Texas Civil Practice
and Remedies Code.
IV.
Therefore, Defendant respectfiilly requests that this action be transferred to a Court of
proper jurisdiction in Dallas County, Texas Where venue lies in this cause as set forth above.
V.
WHEREFORE, PREMISES CONSIDERED, Defendant requests that the Motion to
Transfer Venue be set for hearing, and that on the completion of the hearing, the Court grant
Defendant’s Motion to Transfer Venue in this cause to Dallas County, Texas, taxing costs
against Plaintiff and that Defendant has any further relief to which she may be justly entitled.
Certified Document Number: 97686141 - Page 2 of 5
DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 2
W
Respectfillly Submitted,
DAVID CHASE LAN CARTE
Texas Bar No. 24082464
chase@1ancartelaw.com
LanCarte Law, PLLC
2817 West End Ave., Suite 126-276
Nashville, Tennessee 37203
Tel: 214-935-2430
Fax: 214-934-2450
ls/ Marcus C. Marsdent, Jr.
MARCUS C. MARSDEN, JR.
State Bar No. 13014200
marcus@colanerifirm.com
THE COLANERI FIRM, P.C.
524 E. Lamar B1Vd., Suite 280
Arlington, Texas 76011
Tel: 817-640-1588
Fax: 817-640-1680
ATTORNEYS FOR DEFENDANT AND
COUNTER-PLAINTIFF
of 5
3
Certified Document Number: 97686141 - Page
DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 3
CERTIFICATE OF SERVICE
I do hereby certify that I have forwarded a true and correct copy of the above and
foregoing Defendant’s Motion to Transfer Venue in this cause to all counsel of record for the
represented parties and to the pro se party as listed below on this 2nd day of September, 2021.
David N. Calvillo
TX State Bar No. 03673000
1200 Smith Street, Suite 1400
Houston, TX 77002
Attorney for PlaintzflLa Energia Nortena, LLC
Angel V. Mata
TX State Bar No. 24063940
512 S. Fitzhugh Avenue
Dallas, TX 75223
Attorney for PlaintzflHumberto Novoa
Adrian Zamarripa
908 South Mequite Street
Arlington, TX 76010
Pro Se
Davis Chase LanCarte
Certified Document Number: 97686141 - Page 4 of 5
DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 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.
David LanCarte
Bar No. 24082464
chase@lancartelaw.com
Envelope ID: 56902990
Status as of 9/2/2021 10:27 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
David N.Calvillo david.calvillo@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT
Eliana De La Rosa eliana.delarosa@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT
Noe A.Gonzalez noe.gonzalez@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT
Judy AnnRochna judy.rochna@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT
of 5
5
Certified Document Number: 97686141 - Page
a? #22
2:2 '53.
MW
I, Marilyn Burgess, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this March 21 2022
Certified Document Number: 97686141 Total Pages: 5
vm We
Marilyn Burgess, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
Preview
9/2/2021 10:25 AM Marilyn Burgess - District Clerk Harris County Envelope No. 56902990 By: Brenda Espinoza 10:25 AM Filed: 9/2/2021 CAUSE N0. 2021-22525 LA ENERGIA NORTENA, LLC, § IN TI-IE DISTRICT COURT ADRIAN ZAMARRIPA, and § HUMBERTO NOVOA § § VS. § 61“ JUDICIAL DISTRICT § MOISES CUEVAS, JR. § HARRIS COUNTY, TEXAS DEFENDANT MOISES CUEVAS, JR.’S MOTION TO TRANSFER VENUE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, MOISES CUEVAS, JR. (“Defendant”), and files this his Motion to Transfer Venue and would respectfully show the Court as follows: I. Defendant would show that Harris County, where this suit is filed and is pending, is not a proper county with respect to venue and this suit should be transferred to Dallas County which is a proper county of venue, as set forth below. II. This lawsuit arises out of a dispute between the members of La Energia Nortena, LLC, a Texas limited liability company, and request to dissolve the company. Plaintiff La Energia Nortena, LLC, has a mailing address of 10606 Shady Trail, Suite 21, Dallas, Texas 75220, and of 5 the registered agent of La Energia Nortena, LLC isHumberto Novoa, and the registered agent’s 1 Certified Document Number: 97686141 - Page address on file with the Texas Secretary of State is 1111 W. Mockingbird Lane, Ste. 640, Dallas, Texas 75220. Plaintiff Humberto Novoa is an individual residing within Dallas County with a business/residential address of 10606 Shady Trail, Suite 21, Dallas, Dallas County, Texas 75220. Plaintiff Adrian Zamarripa is a pro se individual residing within Dallas County, at 908 South DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 1 Mesquite Street, Arlington, Texas 76010. In addition, Defendant Moises Cuevas, Jr. is an individual residing at 3611 Borger St., Dallas, Dallas County, Texas 75212. III. Accordingly, Defendant objects to venue in Harris County, the county in which this suit was instituted, on the grounds that venue is not proper in Harris County but instead is proper in Dallas County for this action as prescribed by Sections 15.002 (a)(2) of the Texas Civil Practice and Remedies Code. IV. Therefore, Defendant respectfiilly requests that this action be transferred to a Court of proper jurisdiction in Dallas County, Texas Where venue lies in this cause as set forth above. V. WHEREFORE, PREMISES CONSIDERED, Defendant requests that the Motion to Transfer Venue be set for hearing, and that on the completion of the hearing, the Court grant Defendant’s Motion to Transfer Venue in this cause to Dallas County, Texas, taxing costs against Plaintiff and that Defendant has any further relief to which she may be justly entitled. Certified Document Number: 97686141 - Page 2 of 5 DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 2 W Respectfillly Submitted, DAVID CHASE LAN CARTE Texas Bar No. 24082464 chase@1ancartelaw.com LanCarte Law, PLLC 2817 West End Ave., Suite 126-276 Nashville, Tennessee 37203 Tel: 214-935-2430 Fax: 214-934-2450 ls/ Marcus C. Marsdent, Jr. MARCUS C. MARSDEN, JR. State Bar No. 13014200 marcus@colanerifirm.com THE COLANERI FIRM, P.C. 524 E. Lamar B1Vd., Suite 280 Arlington, Texas 76011 Tel: 817-640-1588 Fax: 817-640-1680 ATTORNEYS FOR DEFENDANT AND COUNTER-PLAINTIFF of 5 3 Certified Document Number: 97686141 - Page DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 3 CERTIFICATE OF SERVICE I do hereby certify that I have forwarded a true and correct copy of the above and foregoing Defendant’s Motion to Transfer Venue in this cause to all counsel of record for the represented parties and to the pro se party as listed below on this 2nd day of September, 2021. David N. Calvillo TX State Bar No. 03673000 1200 Smith Street, Suite 1400 Houston, TX 77002 Attorney for PlaintzflLa Energia Nortena, LLC Angel V. Mata TX State Bar No. 24063940 512 S. Fitzhugh Avenue Dallas, TX 75223 Attorney for PlaintzflHumberto Novoa Adrian Zamarripa 908 South Mequite Street Arlington, TX 76010 Pro Se Davis Chase LanCarte Certified Document Number: 97686141 - Page 4 of 5 DEFENDANT’S MOTION TO TRANSFER VENUE PAGE 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. David LanCarte Bar No. 24082464 chase@lancartelaw.com Envelope ID: 56902990 Status as of 9/2/2021 10:27 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status David N.Calvillo david.calvillo@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT Eliana De La Rosa eliana.delarosa@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT Noe A.Gonzalez noe.gonzalez@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT Judy AnnRochna judy.rochna@chamberlainlaw.com 9/2/2021 10:25:16 AM SENT of 5 5 Certified Document Number: 97686141 - Page a? #22 2:2 '53. MW I, Marilyn Burgess, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office this March 21 2022 Certified Document Number: 97686141 Total Pages: 5 vm We Marilyn Burgess, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com