Preview
FILED
7/26/2022 11:27 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
Cause No. DC-22-03103
HUMBERTO NOVOA § IN THE DISTRICT COURT
ADRIAN ZAMARRIPA and §
LA ENERGIA NORTENA LLC §
§ DALLAS COUNTY, TEXAS
V. §
§
MOISES CUEVAS § 192nd JUDICIAL DISTRICT
PLAIN TIFFS’ RESPONSE TO
DEFENDANT’S MOTION TO COMPEL
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiffs HUMBERTO NOVOA, ADRIAN ZAMARRIPA and LA
ENERGIA NORTENA LLC file this their RESPONSE TO DEFENDANT’S
MOTION TO COMPEL, and would respectfully show unto the Court as follows:
I.
“La Energia Nortefia” is a musical group that plays regional Latin American
(Nortefio) music. The band is owned by La Energia Nortefia, LLC (LEN), a Texas
limited liability company.
In 2014, Defendant, Cuevas, Plaintiffs, Humberto Novoa and Adrian
Zamarripa, formed La Energia Nortefia, LLC. Cuevas and Zamparripa are musicians
in the band. Novoa is the talent agent, talent manager, producer and the sole owner
of Azteca Records, LLC. La Energia Nortefia LLC has recorded several albums, and
performed concerts around the United States and Northern Mexico. The band has
recorded at least 10 albums from 2012 to 2020.1 Pursuant to an agreement between
lseveral of the band’s videos are available on You Tube and Amazon Music.
1
FIRMDMS\200876\000007\3 0230325 .vl -7/26/22
the parties, Azteca Records, LLC, the recording company that financed, produced and
distributed the albums, owned the copyrights. Azteca Records, LLC’s ownership of
the copyrights constitutes standard practice in the music industry.
Unfortunately, performing music with Defendant became difficult. He
appeared drunk at concerts and other band events. He also brandished a gun at a
band event causing uncomfortable conversations with local law enforcement
authorities. Accordingly, Plaintiffs decided to cut ties with Defendant and dissolve
their business entity.
Plaintiffs initially filed their lawsuit in Harris County, Texas. Eventually, this
case was transferred to this Court. The parties have not conducted written discovery
and no depositions have taken place.
II.
Defendant’s motion concerns addresses for individuals that Plaintiffs have
already named and provided counties of residence. Plaintiffs agree to supplement
their responses to Defendant’s Initial Disclosure No. 5 with more specific mailing or
physical addresses. Plaintiffs also agree to provide additional documentation, if any,
requested in Initial Disclosure No. 6. Further, Plaintiffs agree to provide information
concerning their economic damages in response to Initial Disclosure No. 4 when such
amounts can be calculated after reasonable discovery and after testifying experts are
designated. Plaintiffs can supplement their responses within 14 days from the date
of the hearing on Defendant’s motion to compel
WHEREFORE PREMISES CONSIDERED, Plaintiffs HUMBERTO NOVOA,
FIRMDMS\200876\000007\3 0230325 .vl -7/26/22
ADRIAN ZAMARRIPA and LA ENERGIA NORTENA LLC request that
Defendant’s Motion to Compel be denied. Plaintiffs agree to supplement their Initial
Disclosures Within 14 days from July 27, 2022.
Respectfully submitted,
CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS &AUGHTRY, P.C.
By: /s/ David N. Calvillo
David N. Calvillo
State Bar No.2 03673000
david.calvillo@chamberlainlaw.com
Lauren N. Herrera
State Bar No.2 24092720
lauren.herrera@chamberlainLaw.com
1200 Smith Street, Suite 1400
Houston, TX 77002
Telephone: (713) 658-1818
Facsimile: (713) 658-2553
THE LAW OFFICE OF ANGEL MATA
By: ls/ Angel V. Mata
Angel V. Mata
State Bar No. 24063940
attornev@angelmatalaw.com
512 S. Fitzhugh Avenue
Dallas, Texas 7223-2120
Telephone: 972.357.4956
FIRMDMS\200876\000007\3 0230325 .vl -7/26/22
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing pleading has been served on counsel of
record on July 26, 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
/s/ David N. Calvillo
David N. Calvillo
FIRMDMS\200876\000007\3 0230325 .vl -7/26/22
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.
Armando Huereca on behalf of David Calvillo
Bar No. 3673000
armando.huereca@chamberlainlaw.com
Envelope ID: 66700902
Status as of 7/27/2022 8:21 AM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber Email TimestampSubmitted Status
David LanCarte 24082464 chase@lancartelaw.com 7/26/2022 11:27:50 PM SENT
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.
Armando Huereca on behalf of David Calvillo
Bar No. 3673000
armando.huereca@chamberlainlaw.com
Envelope ID: 66700902
Status as of 7/27/2022 8:21 AM CST
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT
David N.Calvillo david.calvillo@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT
Angel V.Mata attorney@angelmatalaw.com 7/26/2022 11:27:50 PM SENT
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.
Armando Huereca on behalf of David Calvillo
Bar No. 3673000
armando.huereca@chamberlainlaw.com
Envelope ID: 66700902
Status as of 7/27/2022 8:21 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 7/26/2022 11:27:50 PM SENT
Estefany Martinez martinez@angelmatalaw.com 7/26/2022 11:27:50 PM SENT
Preview
FILED 7/26/2022 11:27 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY Cause No. DC-22-03103 HUMBERTO NOVOA § IN THE DISTRICT COURT ADRIAN ZAMARRIPA and § LA ENERGIA NORTENA LLC § § DALLAS COUNTY, TEXAS V. § § MOISES CUEVAS § 192nd JUDICIAL DISTRICT PLAIN TIFFS’ RESPONSE TO DEFENDANT’S MOTION TO COMPEL TO THE HONORABLE JUDGE OF SAID COURT: Plaintiffs HUMBERTO NOVOA, ADRIAN ZAMARRIPA and LA ENERGIA NORTENA LLC file this their RESPONSE TO DEFENDANT’S MOTION TO COMPEL, and would respectfully show unto the Court as follows: I. “La Energia Nortefia” is a musical group that plays regional Latin American (Nortefio) music. The band is owned by La Energia Nortefia, LLC (LEN), a Texas limited liability company. In 2014, Defendant, Cuevas, Plaintiffs, Humberto Novoa and Adrian Zamarripa, formed La Energia Nortefia, LLC. Cuevas and Zamparripa are musicians in the band. Novoa is the talent agent, talent manager, producer and the sole owner of Azteca Records, LLC. La Energia Nortefia LLC has recorded several albums, and performed concerts around the United States and Northern Mexico. The band has recorded at least 10 albums from 2012 to 2020.1 Pursuant to an agreement between lseveral of the band’s videos are available on You Tube and Amazon Music. 1 FIRMDMS\200876\000007\3 0230325 .vl -7/26/22 the parties, Azteca Records, LLC, the recording company that financed, produced and distributed the albums, owned the copyrights. Azteca Records, LLC’s ownership of the copyrights constitutes standard practice in the music industry. Unfortunately, performing music with Defendant became difficult. He appeared drunk at concerts and other band events. He also brandished a gun at a band event causing uncomfortable conversations with local law enforcement authorities. Accordingly, Plaintiffs decided to cut ties with Defendant and dissolve their business entity. Plaintiffs initially filed their lawsuit in Harris County, Texas. Eventually, this case was transferred to this Court. The parties have not conducted written discovery and no depositions have taken place. II. Defendant’s motion concerns addresses for individuals that Plaintiffs have already named and provided counties of residence. Plaintiffs agree to supplement their responses to Defendant’s Initial Disclosure No. 5 with more specific mailing or physical addresses. Plaintiffs also agree to provide additional documentation, if any, requested in Initial Disclosure No. 6. Further, Plaintiffs agree to provide information concerning their economic damages in response to Initial Disclosure No. 4 when such amounts can be calculated after reasonable discovery and after testifying experts are designated. Plaintiffs can supplement their responses within 14 days from the date of the hearing on Defendant’s motion to compel WHEREFORE PREMISES CONSIDERED, Plaintiffs HUMBERTO NOVOA, FIRMDMS\200876\000007\3 0230325 .vl -7/26/22 ADRIAN ZAMARRIPA and LA ENERGIA NORTENA LLC request that Defendant’s Motion to Compel be denied. Plaintiffs agree to supplement their Initial Disclosures Within 14 days from July 27, 2022. Respectfully submitted, CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS &AUGHTRY, P.C. By: /s/ David N. Calvillo David N. Calvillo State Bar No.2 03673000 david.calvillo@chamberlainlaw.com Lauren N. Herrera State Bar No.2 24092720 lauren.herrera@chamberlainLaw.com 1200 Smith Street, Suite 1400 Houston, TX 77002 Telephone: (713) 658-1818 Facsimile: (713) 658-2553 THE LAW OFFICE OF ANGEL MATA By: ls/ Angel V. Mata Angel V. Mata State Bar No. 24063940 attornev@angelmatalaw.com 512 S. Fitzhugh Avenue Dallas, Texas 7223-2120 Telephone: 972.357.4956 FIRMDMS\200876\000007\3 0230325 .vl -7/26/22 CERTIFICATE OF SERVICE A true and correct copy of the foregoing pleading has been served on counsel of record on July 26, 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 /s/ David N. Calvillo David N. Calvillo FIRMDMS\200876\000007\3 0230325 .vl -7/26/22 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. Armando Huereca on behalf of David Calvillo Bar No. 3673000 armando.huereca@chamberlainlaw.com Envelope ID: 66700902 Status as of 7/27/2022 8:21 AM CST Associated Case Party: MOISES CUEVAS Name BarNumber Email TimestampSubmitted Status David LanCarte 24082464 chase@lancartelaw.com 7/26/2022 11:27:50 PM SENT 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. Armando Huereca on behalf of David Calvillo Bar No. 3673000 armando.huereca@chamberlainlaw.com Envelope ID: 66700902 Status as of 7/27/2022 8:21 AM CST Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT David N.Calvillo david.calvillo@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT Judy Rochna judy.rochna@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT Armando Huereca armando.huereca@chamberlainlaw.com 7/26/2022 11:27:50 PM SENT Angel V.Mata attorney@angelmatalaw.com 7/26/2022 11:27:50 PM SENT 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. Armando Huereca on behalf of David Calvillo Bar No. 3673000 armando.huereca@chamberlainlaw.com Envelope ID: 66700902 Status as of 7/27/2022 8:21 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 7/26/2022 11:27:50 PM SENT Estefany Martinez martinez@angelmatalaw.com 7/26/2022 11:27:50 PM SENT