Preview
FILED
6/30/2022 1:37 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. DC-22-03103
LA ENERGIA NORTENA, LLC, IN THE DISTRICT COURT
ADRIAN ZAMARRIPA, and
HUMBERTO NOVOA
Plaintiffs,
VS. OF DALLAS COUNTY, TEXAS
MOISES CUEVAS, JR.
Defendant. 192nd JUDICIAL DISTRICT
Defendant’s Motion to Compel Plaintiffs to Supplement and Fully
Respond to Required Initial Disclosures 4, 5, & 6
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant, Moises Cuevas, Jr., asks the Court to compel Plaintiffs to
supplement and fully answer the Required Initial Disclosures 4, 5, & 6 in accordance with Tex. R.
Civ. Pro. 194.
BACKGROUND
On January 6, 2022, Plaintiffs first served Defendant Cuevas with a copy of a document
titled Plaintiffs’ Required Initial Disclosures. See Exhibit A.
Upon review of the document titled Plaintiffs’ Required Initial Disclosures, on January 7,
2022, Defendant Cuevas noted that several responses were not answered fully. Accordingly,
Defendant’s counsel sent an email to Plaintiffs’ counsel requesting that the Defendants supplement
their responses to Required Disclosures 5 & 6. See Exhibit B.
Specifically, with regard to Required Disclosure 5, Defendant’s counsel requested the
Plaintiffs supplement their responses and provide the required addresses and telephone numbers
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 1
for the following individuals that were identified by Plaintiffs: Francisco Banda, Danny Guerra,
Mariana Escamilla, Sirus Ferdows, and Nora Cuevas. /d.
Specifically, with regard to Required Disclosure 6, Defendant’s counsel requested the
Plaintiffs supplement their responses and provide the “copies of La Energia Nortena’s certificate
of formation, La Energia Nortena’s valuation report, any documents in support of Plaintiff's claim
that Moises Cuevas, Jr. “posted cryptic messages on social media publicly and very visibly
defaming the entity and its members”, documents in support of your claims that ‘Moises Cuevas
caused problems with law enforcement’, and documents in support of your allegation that the
company (La Energia Nortena, LLC) has been financially harmed as a result of the alleged acts of
Moises Cuevas.” Jd.
With no word from Plaintiffs, Defendant’s Counsel again wrote to Plaintiffs’ counsel on
January 26, 2022, requesting that Plaintiffs provided the required information or Defendant would
be forced to file a motion to compel. /d. But Plaintiffs’ counsel failed to answer or respond to such
requests.
Furthermore, Plaintiffs’ response to Required Disclosure # 4 fails to state the amount of
economic damages that Plaintiffs are seeking and failed to disclose how such damages are being
calculated; instead Plaintiffs responded to state they would supplement such response. See Ex. A
at Resp. to Disclosure 4,
To date the Plaintiffs have not responded to Defendants’ Counsel request for supplemental
responses and the Plaintiffs have not supplemented any of the responses that they initially gave on
January 6, 2022 to fully answer the Required Initial Disclosures. See Exhibit A at Resp. to RFD 4.
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 2
Without such required information, Defendant is completely prejudiced and cannot fairly
put on a meaningful defense or conduct efficient discovery in preparation of a defense in Plaintiffs’
action before this Court. The trial in Plaintiff's action is presently set for December 5, 2022.
ARGUMENTS AND AUTHORITIES
Required Disclosure 4
Required Disclosure 4 requires Plaintiffs to state “the amount and any method of
calculating economic damages.” Tex. R. Civ. Pro. 194.2(b)(4).
In response, Plaintiffs stated:
As a result of the aforementioned acts, La Energia Nortefia
LLC seeks damages. Likewise, it seeks forfeiture of any
monies due to Defendant. The total amount of such damages
has not been finally calculated. Accordingly, Plaintiffs will
supplement their response when the amount of damages is
discernible.
See Exhibit A at Resp. to Disclosure 4.
Such response by the Plaintiffs is completely insufficient and provides Defendant Cuevas
with effectively no notice of what economic damages La Energia Nortena, LLC are seeking against
him or even how such damages are being calculated by Plaintiffs. While Defendant certainly
understands that economic damages may be grow over the course of litigation, Plaintiffs failure to
provide Defendant with the amount of economic damages and an explanation of how such
damages are being calculated completely prejudices Defendant Cuevas. It’s been over a year since
Plaintiffs filed their suit against him and Defendant Cuevas has no idea what economic damages
Plaintiffs are seeking, how much the economic damages are, and how Plaintiffs are calculating
their economic damages.
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 3
Accordingly, the Plaintiffs should be compelled to supplement their response to Required
Disclosure # 4 and fully respond to disclosure the amount of economic damages economic
damages that they are seeking and how such damages are being calculated.
Required Disclosure 5
Required Disclosure 5 under Rule 194 requires a party to give “the name, address, and
telephone number of persons having knowledge of relevant facts, and a brief statement of each
identified person’s connection with the case.” See Tex. R. Civ. Pro. 194(b)(5).
Plaintiffs failed to provide the addresses and telephone number of the following alleged
witnesses that Plaintiffs identify as persons with knowledge of relevant facts: “Francisco Banda,
Danny Guerra, Mariana Escamilla, Sirus Ferdows, and Nora Cuevas.” See Exhibit A at Resp. to
Disclosure 5.
Plaintiffs are required and need to provide Defendant Cuevas with the telephone numbers
and contact information of these identified individuals so that Defendant can seek to conduct
discovery on such persons. Defendant Cuevas cannot even begin to conduct discovery on third-
party witnesses identified by Plaintiffs without such information. The trial in the case is set for
December 5, 2022, and Plaintiffs failure to provide the contact information for their alleged
witnesses has completely prejudiced Defendant Cuevas in the preparation of his defense.
Accordingly, the Court should compel Plaintiffs to fully supplement their response to
provide the Required Disclosure 5 and provide the addresses and phone numbers of the identified
witnesses.
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 4
Required Disclosure 6
Required Disclosure 6 requires Plaintiffs to provide “a copy—or a description by category
and location—of all documents, electronically stored information, and tangible things that the
responding party has in its possession, custody, or control, and may use to support its claims or
defenses, unless the use would be solely for impeachment.” See Tex. R. Civ. Pro. 194.2(b)(6).
Plaintiffs bring a cause of action against Defendant for breach of fiduciary duty based on
the following allegations made in paragraph 17:
Defendant Cuevas held a position of trust with La Energia Nortefia and
had a confidential fiduciary relationship such that he owed fiduciary
duties to La Energia Nortefia and its owners. By his actions (i) acting
inappropriately and belligerently casting La Engeria Nortefia in a
negative light; (ii) cryptic messages casting La Energia Nortefia in a
negative light in an effort to damage its reputation; and (iii) making
claims of ownership and authorship of albums where he has no right to
claim copyrights. As a result, La Energia Nortefia LLC suffered real
damages. Accordingly, Plaintiffs assert causes of action against
Defendant Cuevas for his breaches of fiduciary duty. Plaintiffs seek an
award of all actual damages and exemplary damages as found by this
Court.
See Pl.’s First Am. Pet. at § 17.
Plaintiffs responded to Required Disclosure 6 to merely state:
Plaintiff and/or its counsel is in possession of the following that may
be used to support its claims and defenses:
e La Energia Nortena LLC’s certificate of formation; and
. La Energia Nortena LLC’s valuation report.
Discovery is ongoing. Will Supplement.
See Exhibit A at Resp. to Disclosure 6.
Such Response by Plaintiffs is completely insufficient.
The two documents identified by Plaintiffs do not even begin to support Plaintiffs’ cause
of action against Defendant Cuevas for breach of fiduciary duty.
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 5
As a result, Defendant Cuevas has asked Plaintiffs repeatedly to supplement their response
and fully answer Required Disclosure #6, which would include but is not limited to providing
Defendant Cuevas with the “copies of La Energia Nortena’s certificate of formation, La Energia
Nortena’s valuation report, any documents in support of Plaintiff's claim that Moises Cuevas, Jr.
‘posted cryptic messages on social media publicly and very visibly defaming the entity and its
members’, documents in support of your claims that ‘Moises Cuevas caused problems with law
enforcement’, and documents in support of your allegation that the company (La Energia Nortena,
LLC) has been financially harmed as a result of the alleged acts of Moises Cuevas.” See Ex. B
(quoting P|.’s Org. Pet. at 4§ 9, 10, & 14.).
To date, despite multiple requests from Defendant Cuevas, Plaintiffs have not
supplemented their responses and produced the required documents, information, or things in their
possession and/or the required description by category and location of any documents,
information, or things that Plaintiff may use to substantively support Plaintiffs claims against
Defendant Cuevas for breach of fiduciary duty.
Furthermore, Plaintiffs statement that “Discovery is ongoing. Will Supplement” is a
complete violation Rule 194.1(b), which requires, “If a party does not produce copies of all
responsive documents, electronically stored information, and tangible things with the response,
the response must state a reasonable time and method for the production of these items. The
responding party must produce the items at the time and in the method stated, unless otherwise
agreed by the parties or ordered by the court, and must provide the requesting party a reasonable
opportunity to inspect them.” See Tex. R. Civ. Pro. 194.1(b). But Plaintiffs never stated when they
would supplement and provide the required documents and information, and, as a result, over half
a year has gone by, and Defendant Cuevas is still waiting for the required information! Plaintiffs
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 6
have instead completely continued to ignore Defendant Cuevas’ request for Plaintiffs to
supplement.
Because Plaintiffs have failed to supplement their responses to fully respond and provide
copies and/or the description by category with location of any documents, information, or things
that Plaintiff may use to substantively support their claims and causes of action against Defendant
Cuevas, Defendant Cuevas is completely prejudiced in his defense against Plaintiff's present
action.
Accordingly, the Court should compel Plaintiffs to fully supplement their response to
Required Disclosure 6 and produce copies of any documents, information, or things that Plaintiffs
may use to support their claims.
CONCLUSION
It’s been over six months since Plaintiffs first tendered their Responses to Required
Disclosures and over a year since the Plaintiffs first filed their lawsuit against Defendant Cuevas,
and still, Defendant Cuevas does not have sufficient responses to the Required Disclosures 4, 5,
and 6.
Despite Defendant Cuevas’ requests to Plaintiffs to supplement and provide such missing
information, Plaintiffs have completely failed to respond to such requests or supplement their
Required Disclosures.
As a result, Defendant Cuevas is completely prejudiced in his defense against the action
brought by Plaintiffs.
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 7
PRAYER
For the reasons stated above, Defendant Cuevas asks the Court to set this motion for
hearing and, after the hearing, to compel Plaintiffs to file adequate responses to Required
Disclosures 4, 5, and 6.
Respectfully submitted,
hy. f
4
David Chase LanCarte
Texas Bar No. 24082464
LanCarte Law, PLLC
2817 West End Ave., Suite 126-276
Nashville, Tennessee 37203
Tel: 214-935-2430
Fax: 214-934-2450
chase@lancartelaw.com
/s/ Marcus C. Marsden, Jr.
MARCUS C. MARSDEN, JR.
State Bar No. 13014200
marcus@colanerifirm.com
THE COLANERI FIRM, P.C.
524 E. Lamar Blvd, Suite 280
Arlington, Texas 76011
Phone: 817-640-1588
Fax: 817-640-1680
ATTORNEYS FOR DEFENDANT
MOISES CUEVAS, JR.
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 8
CERTIFICATE OF SERVICE
I do hereby certify that I have forwarded a true and correct copy of the above and foregoing
pleading in this cause to all counsel of record as listed below, on this 30" day of June, 2022.
David N. Calvillo
TX State Bar No. 03673000
Lauren Herrera
TX State Bar No. 24092720
1200 Smith Street, Suite 1400
Houston, TX 77002
Angel V. Mata
TX State Bar No. 24063940
512 S. Fitzhugh Avenue
Dallas, TX 75223
Cy
David Chase LanCarte
Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 9
EXHIBIT
A
CAUSE NO. 2021-22525
LA ENERGIA NORTENA, LLC, IN THE DISTRICT COURT
ADRIAN ZAMARRIPA, and
HUMBERTO NOVOA
Plaintiffs,
OF HARRIS COUNTY, TEXAS
VS.
MOISES CUEVAS, JR.
Defendant. 618T JUDICIAL DISTRICT
PLAINTIFFS’ REQUIRED INITIAL DISCLOSURES
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs La Energia
Nortena, LLC, Adrian Zamarripa and Humberto Novoa serves these Required Initial
Disclosures in accordance with the Texas Rules of Civil Procedure.
Respectfully submitted,
CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS &AUGHTRY, P.C.
By: _/s/ David MV. Calvillo-
David N. Calvillo
State Bar No.: 03673000
david.calvillo@chamberlainlaw.com
Lauren N. Herrera
State Bar No.: 24092720
lauren.herrera@chamberlainLaw.com
1200 Smith Street, Suite 1400
Houston, TX 77002
Telephone: (713) 658-1818
Facsimile: (713) 658-2553
ATTORNEYS FOR PLAINTIFFS,
LA ENERGIA NORTENA, LLC AND
ADRIAN ZAMARRIPA
THE LAW OFFICE OF ANGEL MATA
By: _/s/ Angel V. Mata
Angel V. Mata
State Bar No. 24063940
attorney@angelmatalaw.com
512 S. Fitzhugh Avenue
Dallas, Texas 7223-2120
Telephone: 972.357.4956
ATTORNEY FOR PLAINTIFF,
HUMBERTO NOVOA
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing pleading has been served on counsel of
record on January 7, 2022 in accordance with Rule 21a of the Texas Rules of Civil
Procedure.
David Chase LanCarte
LanCarte Law, PLLC
2817 West End Ave., Suite 126-276
Nashville, Tennessee 37203
chase@lancartelaw.com
Marcus C. Marsden, Jr.
THE COLANERI FIRM, P.C.
524 E. Lamar Blvd., Suite 280
Arlington, Texas 76011
marcus@colanerifirm.com
ATTORNEYS FOR DEFENDANT
MOISES CUEVAS
si DavidNV. Calyillo-
David N. Calvillo
PLAINTIFFS’ REQUIRED INITIAL DISCLOSURES
4
The correct names of the parties to the lawsuit.
RESPONSE: To the best of Plaintiffs’ knowledge, the parties are properly named.
2. The name, address, and telephone number of any potential parties.
RESPONSE: None known at this time. Plaintiff will supplement, if needed, upon
further discovery.
3. The legal theories and, in general, the factual bases of the responding party's
claims or defenses.
RESPONSE: See generally, Plaintiffs’ Petition.
Plaintiffs Novoa and Zamarripa and Defendant Cuevas are
members in the limited liability company, Plaintiff La Energia
Nortefia LLC. Each party owns 1/3 of the company.
Defendant has engaged in conduct, which is detrimental to the
continued operation of Plaintiff La Energia Nortefia LLC. For
example, he has carried firearms onto Plaintiff La Energia Nortefa
LLC’s property, thereby causing problems with law enforcement.
Likewise, he has become drunk on Plaintiff La Energia Nortefha
LLC’s property, thereby harming relations with said Plaintiff's clients
and business associates.
Defendant has also appeared intoxicated at public events and in
social settings behaving inappropriately and belligerent casting the
company in a bad light and reputation. He has also posted cryptic
messages on social media publicly and very visibly defaming the
entity and its members.
All of these acts individually and collectively have caused financial
damage to the entity.
As such, the continued operation of Plaintiff La Energia Nortenia
LLC has become unrealistic. The economic purpose of Plaintiff La
Energia Nortefia LLC has been unreasonably _ frustrated.
Defendant's conduct renders it not reasonably practicable to
continue the operations of Plaintiff La Energia Nortefia LLC.
Accordingly, the operations of the company need to be wound
down and liquidated.
The above and foregoing constitutes breach of fiduciary duty.
Defendant owes La Energia Nortefia LLC a fiduciary duty.
Defendant has breached such duty by improperly interfering with
operations of said Plaintiff and through his other acts described
herein.
Plaintiffs seek court intervention for a winding down of La Energia
Nortefia LLC.
Plaintiffs specifically seek Humberto Novoa to be placed in charge
of day-to-day operations of La Energia Nortefia LLC during this
process. He should also be permitted to appraise the assets of the
La Energia Nortefia LLC, and then attempt to sell such assets for
the appraised value.
Plaintiffs also request that monies generated by La Energia
Nortefia LLC be collected in the ordinary course of business, and
that bills incurred to third parties be paid in the ordinary course of
business. However, profits should be retained until La Energia
Nortefia LLC is totally liquidated. This will insure that monies are
available to pay all unforeseen and incidental expenses required.
4. State the amount and any method of calculating economic damages.
RESPONSE: As a result of the aforementioned acts, La Energia Nortefia LLC
seeks damages. Likewise, it seeks forfeiture of any monies due to
Defendant. The total amount of such damages has not been finally
calculated. Accordingly, Plaintiffs will supplement their response
when the amount of damages is discernible.
5. The name, address, and telephone number of persons having knowledge of
relevant facts, and a brief statement of each identified person’s connection with
the case.
RESPONSE:
La Energia Nortefa LLC
c/o David N. Calvillo
Lauren Herrera
CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS & AUGHTRY, P.C.
1200 Smith Street, Suite 1400
Houston, Texas 77002
Telephone: (713) 658-1818
Fascimile: (713) 658-2553
Plaintiff La Energia Nortefia LLC
Adrian Zamarripa
908 South Mesquite Street
Arlington, Texas 76010
Plaintiff Adrian Zamarripa
Humberto Novoa
c/o Angel V. Mata
THE LAW OFFICE OF ANGEL MATA
512 S. Fitzhugh Avenue
Dallas, Texas 75223
Telephone: (972) 357-4956
Plaintiff Humberto Novoa
Moises Cuevas, Jr.
c/o David Chase LanCarte
LANCARTE Law, PLLC
2817 West End Ave., Suite 126-276
Nashville, Tennessee 37203
Telephone: (214) 934-2430
-and-
Marcus C. Marsden, Jr.
THE COLANERI FirM, P.C.
524 E. Lamar Blvd., Suite 280
Arlington, Texas 76011
Telephone: (817) 640-1588
Defendant Moises Cuevas, Jr.
Azteca Talent Agency, Inc.
Co-Owner of La Energia Nortefia, LLC
Azteca Records, LLC
10606 Shady Trail, Suite 21
Dallas, Texas 75220
Entity involved with La Energia Nortefia, LLC
Francisco Banda
Witness and Harris County Resident
Danny Guerra
Witness and Harris County Resident
Mariana Escamilla
Witness and Harris County Resident
Sirus Ferdows
Witness and Harris County Resident
Nora Cuevas
Defendant's wife and witness
6. A copy-or a description by category and location-of all documents, electronically
stored information, and tangible things that the responding party has in its
possession, custody, or control, and may use to support its claims or defenses,
unless the use would be solely for impeachment.
RESPONSE: Plaintiff and/or its counsel is in possession of the following that may
be used to support its claims and defenses:
. La Energia Nortena LLC’s certificate of formation; and
e La Energia Nortena LLC’s valuation report.
Discovery is ongoing. Will supplement.
7. Any indemnity and insuring agreements described in Rule 192.3(f).
RESPONSE: None.
8. Any settlement agreements described in Rule 192.3(g).
RESPONSE: None.
9. Any witness statements described in Rule 192.3(h).
RESPONSE: None.
10.In a suit alleging physical or mental injury and damages from the occurrence that
is the subject of the case, all medical records and bills that are reasonably
related to the injuries or damages asserted or, in lieu thereof, an authorization
permitting the disclosure of such medical records and bills.
RESPONSE: Not applicable.
11.In a suit alleging physical or mental injury and damages from the occurrence that
is the subject of the case, all medical records and bills obtained by the
responding party by virtue of an authorization furnished by the requesting party.
RESPONSE: Not applicable.
12.The name, address, and telephone number of any person who may be
designated as a responsible third party.
RESPONSE: None at this time.
4363885.v1
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.
Debbie Kennedy on behalf of David Calvillo
Bar No. 3673000
debbie.kennedy@chamberlainlaw.com
Envelope ID: 60573437
Status as of 1/6/2022 3:38 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 1/6/2022 3:38:04 PM SENT
David LanCarte 24082464 chase@lancartelaw.com 1/6/2022 3:38:04 PM SENT
David N.Calvillo david.calvillo@chamberlainlaw.com 1/6/2022 3:38:04 PM SENT
Eliana De La Rosa eliana.delarosa@chamberlainiaw.com 1/6/2022 3:38:04 PM SENT
Judy AnnRochna judy.rochna@chamberlainlaw.com 1/6/2022 3:38:04 PM SENT
Angel Mata attorney@angelmatalaw.com 1/6/2022 3:38:04 PM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 1/6/2022 3:38:04 PM SENT
EXHIBIT
B
CAUSE NO. 2021-22525
LA ENERGIA NORTENA, LLC, IN THE DISTRICT COURT
ADRIAN ZAMARRIPA, and
HUMBERTO NOVOA
vs. 192"¢ JUDICIAL DISTRICT
MOISES CUEVAS, JR. DALLAS COUNTY, TEXAS
AFFIDAVIT OF DAVID CHASE LANCARTE
STATE OF TENNESSEE §
DAVIDSON COUNTY §
Before me, the undersigned notary, on this day personally appeared David Chase LanCarte,
the affiant, whose identity is known to me. After I administered an oath, affiant testified as follows:
1 “My name is David Chase LanCarte and I am over 18 years of age, of sound mind, and
capable of making this affidavit. The facts stated in this affidavit are within my personal
knowledge and are true and correct. I am the attorney of record for Defendant in the above
styled case.
On January 6, 2022, I first received a document titled, Plaintiffs’ Required Initial
Disclosures.
Upon my review of the document titled, Plaintiff's Required Initial Disclosures, I wrote to
Plaintiffs’ counsel, on January 7, 2022, and requested that Plaintiffs counsel supplement
and fully answer Request for Disclosures 5 & 6.
Having not heard from Plaintiffs’ counsel regarding my request for supplemental responses
to fully answer the Initial Disclosures, I again wrote to Plaintiffs’ counsel on January 26,
2022, requesting the missing information.
A copy of my emails to Plaintiffs’ counsel sent on January 7, 2022 and January 26, 2022
is attached to this affidavit.
To date, Plaintiffs have not responded my requests and have not supplemented their Initial
Required Disclosures.”
Affidavit of David Chase LanCarte PAGE |
FUR R AFFIANTSAYETH NOT.
iYb
F
UL,
David Chase LanC le
Sworn to and subscribed before me by David Chase LanCarte on June 30, 2022.
S11
oS J ae Ne blic in and
STATE OF the fe of Tennesse
TENNESSEE
NOTARY
My commission expires:
PUBLIC
,
708 ‘ON Sy
My Commission Expires Mar. 7, 2023
3-7-2023
Affidavit of David Chase LanCarte PAGE 2
e
From: Chase LanCarte chase@lancartelaw.com @
Subject: Re: La Energia Nortena, LLC et al. v. Cuevas - Request for Supplement to Plaintiff's Required Disclosures under Rule 194
Date: January 26, 2022 at 3:09 PM
To: Angel Mata attorney@angelmatalaw.com, Calvillo, David david.calvillo@chamberlainlaw.com,
lauren. herrera@chamberlainlaw.com
Ce: : Mark Marsden marcus@colanerifirm.com
—_ _ _
Dear Counsel Calvillo, Mata, and Herrera,
| have not heard from you regarding my request for your amend and supplement your
responses to the disclosures 5 and 6 required under Rule 194.
| last wrote you almost four weeks ago on January 7, 2022, requesting such missing
information.
Please provide me and co-counsel Marsden with such information by Friday, January 28, 2021
or we'll be forced to file a motion to compel.
Best Regards,
Chase LanCarte
On Jan 7, 2022, at 1:01 PM, Chase LanCarte wrote:
Dear Counsel,
| am receipt of Plaintiffs’ Required Initial Disclosures that you provided me with yesterday
evening.
Upon review of Plaintiffs’ Initial Disclosures, | note that several responses were not answered
fully, and therefore require supplementation.
Can you please provide me and co-counsel Marsden with supplementation for the following:
1) As required under Disclosure 5, | need addresses and telephone numbers for the following
individuals identified: Francisco Banda, Danny Guerra, Mariana Escamilla, Sirus Ferdows,
and Nora Cuevas;
2) As required under Disclosure 6, | need you provide me with copies of La Energia Nortena’s
LLC’s certificate of formation, La Energia Nortena LLC’s valuation report, any documents in
support of your claim that Moises Cuevas Jr. “posted cryptic messages on social media
publicly and very visibly defaming the entity and its members”, documents in support of your
claims that "Moises Cuevas caused problems with law enforcement", and documents in
support of your allegation that the company (La Energia Nortena, LLC) has been financially
harmed as result of the alleged acts of Moises Cuevas.
Your cooperation is much appreciated.
Best,
Chase LanCarte
Attorney at Law
LL.M. in Trial Advocacy
Licensed in Tennessee, Texas, and New York
Create, Inspire, and Let Us Take Care of the Details.®
Mailing Address:
2817 West End Ave
Suite 126-276
Nashville, TN 37203
Tel: 615-850-7990
Tel: 214-935-2430
Fax: 214-935-2450
www.lancartelaw.com
NOTICE: This message is intended only for use by the named addressee and may contain
privileged and/or confidential information. If you are not the named addressee you should not
disseminate, copy or take any action in reliance on it. If you have received this message in
error please notify chase @lancartelaw.com and delete this message and any attachments
accompanying it immediately. Thank you.
Chase LanCarte
Attorney at Law
LL.M. in Trial Advocacy
Licensed in Tennessee, Texas, and New York
att LANCARTE LAW, ric
Create, Inspire, and Let Us Take Care of the Details.®
Mailing Address:
2817 West End Ave
Suite 126-276
Nashville, TN 37203
Tel: 615-850-7990
Tel: 214-935-2430
Fax: 214-935-2450
www.lancartelaw.com
NOTICE: This message is intended only for use by the named addressee and may contain
privileged and/or contidential intormation. It you are not the named addressee you should not
disseminate, copy or take any action in reliance on it. If you have received this message in error
please notify chase @lancartelaw.com and delete this message and any attachments
accompanying it immediately. Thank you.
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: 65933348
Status as of 6/30/2022 2:29 PM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber | Email TimestampSubmitted | Status
David LanCarte | 24082464 chase@lancartelaw.com | 6/30/2022 1:37:08 PM | SENT
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 6/30/2022 1:37:08 PM SENT
David N.Calvillo david.calvillo@chamberlainiaw.com 6/30/2022 1:37:08 PM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 6/30/2022 1:37:08 PM SENT
Lauren Herrera lauren.herrera@chamberlainilaw.com 6/30/2022 1:37:08 PM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 6/30/2022 1:37:08 PM SENT
Angel V.Mata attorney@angelmatalaw.com 6/30/2022 1:37:08 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted | Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 6/30/2022 1:37:08 PM | SENT
Estefany Martinez martinez@angelmatalaw.com | 6/30/2022 1:37:08 PM | SENT
Preview
FILED 6/30/2022 1:37 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-22-03103 LA ENERGIA NORTENA, LLC, IN THE DISTRICT COURT ADRIAN ZAMARRIPA, and HUMBERTO NOVOA Plaintiffs, VS. OF DALLAS COUNTY, TEXAS MOISES CUEVAS, JR. Defendant. 192nd JUDICIAL DISTRICT Defendant’s Motion to Compel Plaintiffs to Supplement and Fully Respond to Required Initial Disclosures 4, 5, & 6 TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant, Moises Cuevas, Jr., asks the Court to compel Plaintiffs to supplement and fully answer the Required Initial Disclosures 4, 5, & 6 in accordance with Tex. R. Civ. Pro. 194. BACKGROUND On January 6, 2022, Plaintiffs first served Defendant Cuevas with a copy of a document titled Plaintiffs’ Required Initial Disclosures. See Exhibit A. Upon review of the document titled Plaintiffs’ Required Initial Disclosures, on January 7, 2022, Defendant Cuevas noted that several responses were not answered fully. Accordingly, Defendant’s counsel sent an email to Plaintiffs’ counsel requesting that the Defendants supplement their responses to Required Disclosures 5 & 6. See Exhibit B. Specifically, with regard to Required Disclosure 5, Defendant’s counsel requested the Plaintiffs supplement their responses and provide the required addresses and telephone numbers Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 1 for the following individuals that were identified by Plaintiffs: Francisco Banda, Danny Guerra, Mariana Escamilla, Sirus Ferdows, and Nora Cuevas. /d. Specifically, with regard to Required Disclosure 6, Defendant’s counsel requested the Plaintiffs supplement their responses and provide the “copies of La Energia Nortena’s certificate of formation, La Energia Nortena’s valuation report, any documents in support of Plaintiff's claim that Moises Cuevas, Jr. “posted cryptic messages on social media publicly and very visibly defaming the entity and its members”, documents in support of your claims that ‘Moises Cuevas caused problems with law enforcement’, and documents in support of your allegation that the company (La Energia Nortena, LLC) has been financially harmed as a result of the alleged acts of Moises Cuevas.” Jd. With no word from Plaintiffs, Defendant’s Counsel again wrote to Plaintiffs’ counsel on January 26, 2022, requesting that Plaintiffs provided the required information or Defendant would be forced to file a motion to compel. /d. But Plaintiffs’ counsel failed to answer or respond to such requests. Furthermore, Plaintiffs’ response to Required Disclosure # 4 fails to state the amount of economic damages that Plaintiffs are seeking and failed to disclose how such damages are being calculated; instead Plaintiffs responded to state they would supplement such response. See Ex. A at Resp. to Disclosure 4, To date the Plaintiffs have not responded to Defendants’ Counsel request for supplemental responses and the Plaintiffs have not supplemented any of the responses that they initially gave on January 6, 2022 to fully answer the Required Initial Disclosures. See Exhibit A at Resp. to RFD 4. Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 2 Without such required information, Defendant is completely prejudiced and cannot fairly put on a meaningful defense or conduct efficient discovery in preparation of a defense in Plaintiffs’ action before this Court. The trial in Plaintiff's action is presently set for December 5, 2022. ARGUMENTS AND AUTHORITIES Required Disclosure 4 Required Disclosure 4 requires Plaintiffs to state “the amount and any method of calculating economic damages.” Tex. R. Civ. Pro. 194.2(b)(4). In response, Plaintiffs stated: As a result of the aforementioned acts, La Energia Nortefia LLC seeks damages. Likewise, it seeks forfeiture of any monies due to Defendant. The total amount of such damages has not been finally calculated. Accordingly, Plaintiffs will supplement their response when the amount of damages is discernible. See Exhibit A at Resp. to Disclosure 4. Such response by the Plaintiffs is completely insufficient and provides Defendant Cuevas with effectively no notice of what economic damages La Energia Nortena, LLC are seeking against him or even how such damages are being calculated by Plaintiffs. While Defendant certainly understands that economic damages may be grow over the course of litigation, Plaintiffs failure to provide Defendant with the amount of economic damages and an explanation of how such damages are being calculated completely prejudices Defendant Cuevas. It’s been over a year since Plaintiffs filed their suit against him and Defendant Cuevas has no idea what economic damages Plaintiffs are seeking, how much the economic damages are, and how Plaintiffs are calculating their economic damages. Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 3 Accordingly, the Plaintiffs should be compelled to supplement their response to Required Disclosure # 4 and fully respond to disclosure the amount of economic damages economic damages that they are seeking and how such damages are being calculated. Required Disclosure 5 Required Disclosure 5 under Rule 194 requires a party to give “the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case.” See Tex. R. Civ. Pro. 194(b)(5). Plaintiffs failed to provide the addresses and telephone number of the following alleged witnesses that Plaintiffs identify as persons with knowledge of relevant facts: “Francisco Banda, Danny Guerra, Mariana Escamilla, Sirus Ferdows, and Nora Cuevas.” See Exhibit A at Resp. to Disclosure 5. Plaintiffs are required and need to provide Defendant Cuevas with the telephone numbers and contact information of these identified individuals so that Defendant can seek to conduct discovery on such persons. Defendant Cuevas cannot even begin to conduct discovery on third- party witnesses identified by Plaintiffs without such information. The trial in the case is set for December 5, 2022, and Plaintiffs failure to provide the contact information for their alleged witnesses has completely prejudiced Defendant Cuevas in the preparation of his defense. Accordingly, the Court should compel Plaintiffs to fully supplement their response to provide the Required Disclosure 5 and provide the addresses and phone numbers of the identified witnesses. Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 4 Required Disclosure 6 Required Disclosure 6 requires Plaintiffs to provide “a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the responding party has in its possession, custody, or control, and may use to support its claims or defenses, unless the use would be solely for impeachment.” See Tex. R. Civ. Pro. 194.2(b)(6). Plaintiffs bring a cause of action against Defendant for breach of fiduciary duty based on the following allegations made in paragraph 17: Defendant Cuevas held a position of trust with La Energia Nortefia and had a confidential fiduciary relationship such that he owed fiduciary duties to La Energia Nortefia and its owners. By his actions (i) acting inappropriately and belligerently casting La Engeria Nortefia in a negative light; (ii) cryptic messages casting La Energia Nortefia in a negative light in an effort to damage its reputation; and (iii) making claims of ownership and authorship of albums where he has no right to claim copyrights. As a result, La Energia Nortefia LLC suffered real damages. Accordingly, Plaintiffs assert causes of action against Defendant Cuevas for his breaches of fiduciary duty. Plaintiffs seek an award of all actual damages and exemplary damages as found by this Court. See Pl.’s First Am. Pet. at § 17. Plaintiffs responded to Required Disclosure 6 to merely state: Plaintiff and/or its counsel is in possession of the following that may be used to support its claims and defenses: e La Energia Nortena LLC’s certificate of formation; and . La Energia Nortena LLC’s valuation report. Discovery is ongoing. Will Supplement. See Exhibit A at Resp. to Disclosure 6. Such Response by Plaintiffs is completely insufficient. The two documents identified by Plaintiffs do not even begin to support Plaintiffs’ cause of action against Defendant Cuevas for breach of fiduciary duty. Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 5 As a result, Defendant Cuevas has asked Plaintiffs repeatedly to supplement their response and fully answer Required Disclosure #6, which would include but is not limited to providing Defendant Cuevas with the “copies of La Energia Nortena’s certificate of formation, La Energia Nortena’s valuation report, any documents in support of Plaintiff's claim that Moises Cuevas, Jr. ‘posted cryptic messages on social media publicly and very visibly defaming the entity and its members’, documents in support of your claims that ‘Moises Cuevas caused problems with law enforcement’, and documents in support of your allegation that the company (La Energia Nortena, LLC) has been financially harmed as a result of the alleged acts of Moises Cuevas.” See Ex. B (quoting P|.’s Org. Pet. at 4§ 9, 10, & 14.). To date, despite multiple requests from Defendant Cuevas, Plaintiffs have not supplemented their responses and produced the required documents, information, or things in their possession and/or the required description by category and location of any documents, information, or things that Plaintiff may use to substantively support Plaintiffs claims against Defendant Cuevas for breach of fiduciary duty. Furthermore, Plaintiffs statement that “Discovery is ongoing. Will Supplement” is a complete violation Rule 194.1(b), which requires, “If a party does not produce copies of all responsive documents, electronically stored information, and tangible things with the response, the response must state a reasonable time and method for the production of these items. The responding party must produce the items at the time and in the method stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them.” See Tex. R. Civ. Pro. 194.1(b). But Plaintiffs never stated when they would supplement and provide the required documents and information, and, as a result, over half a year has gone by, and Defendant Cuevas is still waiting for the required information! Plaintiffs Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 6 have instead completely continued to ignore Defendant Cuevas’ request for Plaintiffs to supplement. Because Plaintiffs have failed to supplement their responses to fully respond and provide copies and/or the description by category with location of any documents, information, or things that Plaintiff may use to substantively support their claims and causes of action against Defendant Cuevas, Defendant Cuevas is completely prejudiced in his defense against Plaintiff's present action. Accordingly, the Court should compel Plaintiffs to fully supplement their response to Required Disclosure 6 and produce copies of any documents, information, or things that Plaintiffs may use to support their claims. CONCLUSION It’s been over six months since Plaintiffs first tendered their Responses to Required Disclosures and over a year since the Plaintiffs first filed their lawsuit against Defendant Cuevas, and still, Defendant Cuevas does not have sufficient responses to the Required Disclosures 4, 5, and 6. Despite Defendant Cuevas’ requests to Plaintiffs to supplement and provide such missing information, Plaintiffs have completely failed to respond to such requests or supplement their Required Disclosures. As a result, Defendant Cuevas is completely prejudiced in his defense against the action brought by Plaintiffs. Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 7 PRAYER For the reasons stated above, Defendant Cuevas asks the Court to set this motion for hearing and, after the hearing, to compel Plaintiffs to file adequate responses to Required Disclosures 4, 5, and 6. Respectfully submitted, hy. f 4 David Chase LanCarte Texas Bar No. 24082464 LanCarte Law, PLLC 2817 West End Ave., Suite 126-276 Nashville, Tennessee 37203 Tel: 214-935-2430 Fax: 214-934-2450 chase@lancartelaw.com /s/ Marcus C. Marsden, Jr. MARCUS C. MARSDEN, JR. State Bar No. 13014200 marcus@colanerifirm.com THE COLANERI FIRM, P.C. 524 E. Lamar Blvd, Suite 280 Arlington, Texas 76011 Phone: 817-640-1588 Fax: 817-640-1680 ATTORNEYS FOR DEFENDANT MOISES CUEVAS, JR. Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 8 CERTIFICATE OF SERVICE I do hereby certify that I have forwarded a true and correct copy of the above and foregoing pleading in this cause to all counsel of record as listed below, on this 30" day of June, 2022. David N. Calvillo TX State Bar No. 03673000 Lauren Herrera TX State Bar No. 24092720 1200 Smith Street, Suite 1400 Houston, TX 77002 Angel V. Mata TX State Bar No. 24063940 512 S. Fitzhugh Avenue Dallas, TX 75223 Cy David Chase LanCarte Def.’s Motion to Compel Responses to Request for Disclosure 4, 5, and 6 PAGE 9 EXHIBIT A CAUSE NO. 2021-22525 LA ENERGIA NORTENA, LLC, IN THE DISTRICT COURT ADRIAN ZAMARRIPA, and HUMBERTO NOVOA Plaintiffs, OF HARRIS COUNTY, TEXAS VS. MOISES CUEVAS, JR. Defendant. 618T JUDICIAL DISTRICT PLAINTIFFS’ REQUIRED INITIAL DISCLOSURES Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs La Energia Nortena, LLC, Adrian Zamarripa and Humberto Novoa serves these Required Initial Disclosures in accordance with the Texas Rules of Civil Procedure. Respectfully submitted, CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS &AUGHTRY, P.C. By: _/s/ David MV. Calvillo- David N. Calvillo State Bar No.: 03673000 david.calvillo@chamberlainlaw.com Lauren N. Herrera State Bar No.: 24092720 lauren.herrera@chamberlainLaw.com 1200 Smith Street, Suite 1400 Houston, TX 77002 Telephone: (713) 658-1818 Facsimile: (713) 658-2553 ATTORNEYS FOR PLAINTIFFS, LA ENERGIA NORTENA, LLC AND ADRIAN ZAMARRIPA THE LAW OFFICE OF ANGEL MATA By: _/s/ Angel V. Mata Angel V. Mata State Bar No. 24063940 attorney@angelmatalaw.com 512 S. Fitzhugh Avenue Dallas, Texas 7223-2120 Telephone: 972.357.4956 ATTORNEY FOR PLAINTIFF, HUMBERTO NOVOA CERTIFICATE OF SERVICE A true and correct copy of the foregoing pleading has been served on counsel of record on January 7, 2022 in accordance with Rule 21a of the Texas Rules of Civil Procedure. David Chase LanCarte LanCarte Law, PLLC 2817 West End Ave., Suite 126-276 Nashville, Tennessee 37203 chase@lancartelaw.com Marcus C. Marsden, Jr. THE COLANERI FIRM, P.C. 524 E. Lamar Blvd., Suite 280 Arlington, Texas 76011 marcus@colanerifirm.com ATTORNEYS FOR DEFENDANT MOISES CUEVAS si DavidNV. Calyillo- David N. Calvillo PLAINTIFFS’ REQUIRED INITIAL DISCLOSURES 4 The correct names of the parties to the lawsuit. RESPONSE: To the best of Plaintiffs’ knowledge, the parties are properly named. 2. The name, address, and telephone number of any potential parties. RESPONSE: None known at this time. Plaintiff will supplement, if needed, upon further discovery. 3. The legal theories and, in general, the factual bases of the responding party's claims or defenses. RESPONSE: See generally, Plaintiffs’ Petition. Plaintiffs Novoa and Zamarripa and Defendant Cuevas are members in the limited liability company, Plaintiff La Energia Nortefia LLC. Each party owns 1/3 of the company. Defendant has engaged in conduct, which is detrimental to the continued operation of Plaintiff La Energia Nortefia LLC. For example, he has carried firearms onto Plaintiff La Energia Nortefa LLC’s property, thereby causing problems with law enforcement. Likewise, he has become drunk on Plaintiff La Energia Nortefha LLC’s property, thereby harming relations with said Plaintiff's clients and business associates. Defendant has also appeared intoxicated at public events and in social settings behaving inappropriately and belligerent casting the company in a bad light and reputation. He has also posted cryptic messages on social media publicly and very visibly defaming the entity and its members. All of these acts individually and collectively have caused financial damage to the entity. As such, the continued operation of Plaintiff La Energia Nortenia LLC has become unrealistic. The economic purpose of Plaintiff La Energia Nortefia LLC has been unreasonably _ frustrated. Defendant's conduct renders it not reasonably practicable to continue the operations of Plaintiff La Energia Nortefia LLC. Accordingly, the operations of the company need to be wound down and liquidated. The above and foregoing constitutes breach of fiduciary duty. Defendant owes La Energia Nortefia LLC a fiduciary duty. Defendant has breached such duty by improperly interfering with operations of said Plaintiff and through his other acts described herein. Plaintiffs seek court intervention for a winding down of La Energia Nortefia LLC. Plaintiffs specifically seek Humberto Novoa to be placed in charge of day-to-day operations of La Energia Nortefia LLC during this process. He should also be permitted to appraise the assets of the La Energia Nortefia LLC, and then attempt to sell such assets for the appraised value. Plaintiffs also request that monies generated by La Energia Nortefia LLC be collected in the ordinary course of business, and that bills incurred to third parties be paid in the ordinary course of business. However, profits should be retained until La Energia Nortefia LLC is totally liquidated. This will insure that monies are available to pay all unforeseen and incidental expenses required. 4. State the amount and any method of calculating economic damages. RESPONSE: As a result of the aforementioned acts, La Energia Nortefia LLC seeks damages. Likewise, it seeks forfeiture of any monies due to Defendant. The total amount of such damages has not been finally calculated. Accordingly, Plaintiffs will supplement their response when the amount of damages is discernible. 5. The name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case. RESPONSE: La Energia Nortefa LLC c/o David N. Calvillo Lauren Herrera CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & AUGHTRY, P.C. 1200 Smith Street, Suite 1400 Houston, Texas 77002 Telephone: (713) 658-1818 Fascimile: (713) 658-2553 Plaintiff La Energia Nortefia LLC Adrian Zamarripa 908 South Mesquite Street Arlington, Texas 76010 Plaintiff Adrian Zamarripa Humberto Novoa c/o Angel V. Mata THE LAW OFFICE OF ANGEL MATA 512 S. Fitzhugh Avenue Dallas, Texas 75223 Telephone: (972) 357-4956 Plaintiff Humberto Novoa Moises Cuevas, Jr. c/o David Chase LanCarte LANCARTE Law, PLLC 2817 West End Ave., Suite 126-276 Nashville, Tennessee 37203 Telephone: (214) 934-2430 -and- Marcus C. Marsden, Jr. THE COLANERI FirM, P.C. 524 E. Lamar Blvd., Suite 280 Arlington, Texas 76011 Telephone: (817) 640-1588 Defendant Moises Cuevas, Jr. Azteca Talent Agency, Inc. Co-Owner of La Energia Nortefia, LLC Azteca Records, LLC 10606 Shady Trail, Suite 21 Dallas, Texas 75220 Entity involved with La Energia Nortefia, LLC Francisco Banda Witness and Harris County Resident Danny Guerra Witness and Harris County Resident Mariana Escamilla Witness and Harris County Resident Sirus Ferdows Witness and Harris County Resident Nora Cuevas Defendant's wife and witness 6. A copy-or a description by category and location-of all documents, electronically stored information, and tangible things that the responding party has in its possession, custody, or control, and may use to support its claims or defenses, unless the use would be solely for impeachment. RESPONSE: Plaintiff and/or its counsel is in possession of the following that may be used to support its claims and defenses: . La Energia Nortena LLC’s certificate of formation; and e La Energia Nortena LLC’s valuation report. Discovery is ongoing. Will supplement. 7. Any indemnity and insuring agreements described in Rule 192.3(f). RESPONSE: None. 8. Any settlement agreements described in Rule 192.3(g). RESPONSE: None. 9. Any witness statements described in Rule 192.3(h). RESPONSE: None. 10.In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. RESPONSE: Not applicable. 11.In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE: Not applicable. 12.The name, address, and telephone number of any person who may be designated as a responsible third party. RESPONSE: None at this time. 4363885.v1 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. Debbie Kennedy on behalf of David Calvillo Bar No. 3673000 debbie.kennedy@chamberlainlaw.com Envelope ID: 60573437 Status as of 1/6/2022 3:38 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 1/6/2022 3:38:04 PM SENT David LanCarte 24082464 chase@lancartelaw.com 1/6/2022 3:38:04 PM SENT David N.Calvillo david.calvillo@chamberlainlaw.com 1/6/2022 3:38:04 PM SENT Eliana De La Rosa eliana.delarosa@chamberlainiaw.com 1/6/2022 3:38:04 PM SENT Judy AnnRochna judy.rochna@chamberlainlaw.com 1/6/2022 3:38:04 PM SENT Angel Mata attorney@angelmatalaw.com 1/6/2022 3:38:04 PM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 1/6/2022 3:38:04 PM SENT EXHIBIT B CAUSE NO. 2021-22525 LA ENERGIA NORTENA, LLC, IN THE DISTRICT COURT ADRIAN ZAMARRIPA, and HUMBERTO NOVOA vs. 192"¢ JUDICIAL DISTRICT MOISES CUEVAS, JR. DALLAS COUNTY, TEXAS AFFIDAVIT OF DAVID CHASE LANCARTE STATE OF TENNESSEE § DAVIDSON COUNTY § Before me, the undersigned notary, on this day personally appeared David Chase LanCarte, the affiant, whose identity is known to me. After I administered an oath, affiant testified as follows: 1 “My name is David Chase LanCarte and I am over 18 years of age, of sound mind, and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the attorney of record for Defendant in the above styled case. On January 6, 2022, I first received a document titled, Plaintiffs’ Required Initial Disclosures. Upon my review of the document titled, Plaintiff's Required Initial Disclosures, I wrote to Plaintiffs’ counsel, on January 7, 2022, and requested that Plaintiffs counsel supplement and fully answer Request for Disclosures 5 & 6. Having not heard from Plaintiffs’ counsel regarding my request for supplemental responses to fully answer the Initial Disclosures, I again wrote to Plaintiffs’ counsel on January 26, 2022, requesting the missing information. A copy of my emails to Plaintiffs’ counsel sent on January 7, 2022 and January 26, 2022 is attached to this affidavit. To date, Plaintiffs have not responded my requests and have not supplemented their Initial Required Disclosures.” Affidavit of David Chase LanCarte PAGE | FUR R AFFIANTSAYETH NOT. iYb F UL, David Chase LanC le Sworn to and subscribed before me by David Chase LanCarte on June 30, 2022. S11 oS J ae Ne blic in and STATE OF the fe of Tennesse TENNESSEE NOTARY My commission expires: PUBLIC , 708 ‘ON Sy My Commission Expires Mar. 7, 2023 3-7-2023 Affidavit of David Chase LanCarte PAGE 2 e From: Chase LanCarte chase@lancartelaw.com @ Subject: Re: La Energia Nortena, LLC et al. v. Cuevas - Request for Supplement to Plaintiff's Required Disclosures under Rule 194 Date: January 26, 2022 at 3:09 PM To: Angel Mata attorney@angelmatalaw.com, Calvillo, David david.calvillo@chamberlainlaw.com, lauren. herrera@chamberlainlaw.com Ce: : Mark Marsden marcus@colanerifirm.com —_ _ _ Dear Counsel Calvillo, Mata, and Herrera, | have not heard from you regarding my request for your amend and supplement your responses to the disclosures 5 and 6 required under Rule 194. | last wrote you almost four weeks ago on January 7, 2022, requesting such missing information. Please provide me and co-counsel Marsden with such information by Friday, January 28, 2021 or we'll be forced to file a motion to compel. Best Regards, Chase LanCarte On Jan 7, 2022, at 1:01 PM, Chase LanCarte wrote: Dear Counsel, | am receipt of Plaintiffs’ Required Initial Disclosures that you provided me with yesterday evening. Upon review of Plaintiffs’ Initial Disclosures, | note that several responses were not answered fully, and therefore require supplementation. Can you please provide me and co-counsel Marsden with supplementation for the following: 1) As required under Disclosure 5, | need addresses and telephone numbers for the following individuals identified: Francisco Banda, Danny Guerra, Mariana Escamilla, Sirus Ferdows, and Nora Cuevas; 2) As required under Disclosure 6, | need you provide me with copies of La Energia Nortena’s LLC’s certificate of formation, La Energia Nortena LLC’s valuation report, any documents in support of your claim that Moises Cuevas Jr. “posted cryptic messages on social media publicly and very visibly defaming the entity and its members”, documents in support of your claims that "Moises Cuevas caused problems with law enforcement", and documents in support of your allegation that the company (La Energia Nortena, LLC) has been financially harmed as result of the alleged acts of Moises Cuevas. Your cooperation is much appreciated. Best, Chase LanCarte Attorney at Law LL.M. in Trial Advocacy Licensed in Tennessee, Texas, and New York Create, Inspire, and Let Us Take Care of the Details.® Mailing Address: 2817 West End Ave Suite 126-276 Nashville, TN 37203 Tel: 615-850-7990 Tel: 214-935-2430 Fax: 214-935-2450 www.lancartelaw.com NOTICE: This message is intended only for use by the named addressee and may contain privileged and/or confidential information. If you are not the named addressee you should not disseminate, copy or take any action in reliance on it. If you have received this message in error please notify chase @lancartelaw.com and delete this message and any attachments accompanying it immediately. Thank you. Chase LanCarte Attorney at Law LL.M. in Trial Advocacy Licensed in Tennessee, Texas, and New York att LANCARTE LAW, ric Create, Inspire, and Let Us Take Care of the Details.® Mailing Address: 2817 West End Ave Suite 126-276 Nashville, TN 37203 Tel: 615-850-7990 Tel: 214-935-2430 Fax: 214-935-2450 www.lancartelaw.com NOTICE: This message is intended only for use by the named addressee and may contain privileged and/or contidential intormation. It you are not the named addressee you should not disseminate, copy or take any action in reliance on it. If you have received this message in error please notify chase @lancartelaw.com and delete this message and any attachments accompanying it immediately. Thank you. 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: 65933348 Status as of 6/30/2022 2:29 PM CST Associated Case Party: MOISES CUEVAS Name BarNumber | Email TimestampSubmitted | Status David LanCarte | 24082464 chase@lancartelaw.com | 6/30/2022 1:37:08 PM | SENT Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 6/30/2022 1:37:08 PM SENT David N.Calvillo david.calvillo@chamberlainiaw.com 6/30/2022 1:37:08 PM SENT Judy Rochna judy.rochna@chamberlainlaw.com 6/30/2022 1:37:08 PM SENT Lauren Herrera lauren.herrera@chamberlainilaw.com 6/30/2022 1:37:08 PM SENT Armando Huereca armando.huereca@chamberlainlaw.com 6/30/2022 1:37:08 PM SENT Angel V.Mata attorney@angelmatalaw.com 6/30/2022 1:37:08 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted | Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 6/30/2022 1:37:08 PM | SENT Estefany Martinez martinez@angelmatalaw.com | 6/30/2022 1:37:08 PM | SENT