On February 16, 2021 a
Motion-Secondary
was filed
involving a dispute between
La Energia Nortena, Llc,
Novoa, Humberto,
Zamarripa, Adrian,
and
Cuevas, Moises,
for OTHER (CIVIL)
in the District Court of Dallas County.
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CAUSE NO. DC-22-03103
LA ENERGIA NORTENA, LLC, § IN THE DISTRICT COURT
ADRIAN ZAMARRIPA, and §
HUMBERTO NOVOA §
§
VS. § 192“ JUDICIAL DISTRICT
§
MOISES CUEVAS, JR. § DALLAS COUNTY, TEXAS
ORDER ON
DEFENDANT MOISES CUEVAS, JR.’S 9la MOTION TO DISMISS
PLAINTIFFS’ CLAIM FOR DECLARTORY RELIEF
The Court having considered Defendant Moises Cuevas, Jr.’s Original Rule 91a Motion to
Dismiss Plaintiffs’ Claim for Declaratory Relief, the Plaintiffs’ Original Response to said Motion,
and Defendant’s Original Reply in Support of such motion that was originally heard by submission
on March 14, 2022, the Court GRANTS Defendant Moises Cuevas, Jr.’s Motion to Dismiss
Plaintiffs’ Claim for Declaratory Relief.
The Court FINDS that in paragraph 22 of Plaintiff’s First Amended Petition, Plaintiffs
have first pled an open-end claim for declaratory relief concerning certain copyright rights in
dispute (including but not limited to ownership), by pleading the following:
22. Plaintiffs brings this action for declaratory judgment pursuant
to Chapter 37 of the Texas Civil Practice and Remedies Code
because a real and justifiable controversy exists between Plaintiffs
and Defendant regarding the matters described above, including ask
this Court to determine and declare the copyrights interest in the
albums. Accordingly, Plaintiffs request the Court adjudicate and
declare the rights and interest of the parties’ pursuant to the
Declaratory Judgments Act, including, but not limited to:
(i) declaring that all rights to copyrights in the ten
albums belongs solely with Azteca Records; and
(ii) ordering Defendant to cease any attempt to seek
copyright or other legal protection for any album produced by
Azteca Record for the band, La Energia Nortefia.
Order on Def.’s 91a Motion to Dismiss PAGE 1
The Court FINDS that 17 U.S.C. § 106 codifies the exclusive rights granted to an owner
of a copyright.
The Court FINDS that pursuant to 17 U.S.C. § 201, the ownership in a copyright initially
vests in the author(s).
The Court FINDS that pursuant to l7 U.S.C. § 204, the grant or transfer of an interest in a
copyright can only be conveyed in writing signed by the owner of the rights conveyed.
The Court FINDS that Plaintiffs have pled and alleged facts in Plaintiff’s First Amended
Petition that “...Azteca Records is the rightful owner of the album copyrights” and “Defendant
Cuevas. . .ma[de] claims of ownership and authorship of the albums where he has no right to claim
copyrights.”
The Court FINDS that Plaintiffs did not plead or allege any necessary facts in Plaintiff‘s
First Amended Petition that rely on the existence of a written contract or written agreement
granting copyright ownership to enable this Court to rule solely on the issue of copyright
ownership as a matter of state contract law.
Instead, the Court FINDS that copyright ownership claims grounded in disputes about
authorship are considered to arise under the U.S. Copyright Act, and therefore pursuant to 28
U.S.C. § 1338(a), only a federal district court “. . .shall have original jurisdiction of any civil action
arising under any Act of Congress relating to. . .copyrights.”
Accordingly, the Court FINDS that it lacks subject matter jurisdiction to provide
declaratory relief on the ownership of copyrights of the sound recordings in question because the
authorship of such works is disputed.
The Court ORDERS that Plaintiffs’ request for declaratory judgment on the copyright
rights question (including but not limited to question of ownership of such copyrights) is dismissed
Order on Def.’s 91a Motion to Dismiss PAGE 2
with prejudice.
The Court FINDS that Defendant Cuevas is entitled to reimbursement of his reasonable
and necessary attorney’s fees and costs, amounting to:
The Court ORDERS that Plaintiffs’ amend their petition to delete Plaintiffs’ claim for
declaratory judgment regarding the sound recording copyrights rights in question;
The Court ORDERS that Plaintiffs reimburse Defendant Cuevas for his reasonable and
necessary attorneys fees and costs Within five (5) days of this ORDER.
Signed on ,2022.
JUDGE PRESIDING
Order on Def.’s 91a Motion to Dismiss PAGE 3
ENTRY REQUESTED BY:
DAVID CHASE LAN CARTE
Texas Bar No. 24082464
chase@1ancartelaw.com
LanCalte Law, PLLC
2817 West End Ave., Suite 126-276
Nashville, Tennessee 37203
Tel: 214-935-2430
Fax: 214-934-2450
ls/ Marcus C. Marsden, Jr.
MARCUS C. MARSDEN, JR.
State Bar No. 13014200
marcus@colanerifinn.com
THE COLANERI FIRM, P.C.
524 E. Lamar Blvd., Suite 280
Arlington, Texas 76011
Tel: 817-640-1588
Fax: 817-640-1680
ATTORNEYS FOR DEFENDANT
Order on Def.’s 91a Motion to Dismiss PAGE 4
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 for the represented parties as listed below on this
July 26, 2022.
David N. CalVillo
TX State Bar No. 03673000
1200 Smith Street, Suite 1400
Houston, TX 77002
david.calvillo@chamberlainlaw.com
Attorney for PlaintzflLa Energia Nortena, LLC & PlaintiflAdrian Zamarripa
Angel V. Mata
TX State Bar No. 24063 940
512 S. Fitzhugh Avenue
Dallas, TX 75223
attorney@angelmatalaw.com
Attorney for PlaintzflHumberto Novoa
@271
David Chase LanCarte
Order on Def.’s 91a Motion to Dismiss PAGE 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.
David LanCarte
Bar No. 24082464
chase@lancartelaw.com
Envelope ID: 66676682
Status as of 7/26/2022 1:02 PM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber Email TimestampSubmitted Status
David LanCarte 24082464 chase@lancartelaw.com 7/26/202212z56z13 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.
David LanCarte
Bar No. 24082464
chase@lancartelaw.com
Envelope ID: 66676682
Status as of 7/26/2022 1:02 PM CST
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT
David N.Calvillo david.ca|villo@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT
Angel V.Mata attorney@angelmatalaw.com 7/26/2022 12:56:13 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.
David LanCarte
Bar No. 24082464
chase@lancartelaw.com
Envelope ID: 66676682
Status as of 7/26/2022 1:02 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 7/26/2022 12:56:13 PM SENT
Estefany Martinez martinez@angelmatalaw.com 7/26/2022 12:56:13 PM SENT
Document Filed Date
July 26, 2022
Case Filing Date
February 16, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
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CAUSE NO. DC-22-03103 LA ENERGIA NORTENA, LLC, § IN THE DISTRICT COURT ADRIAN ZAMARRIPA, and § HUMBERTO NOVOA § § VS. § 192“ JUDICIAL DISTRICT § MOISES CUEVAS, JR. § DALLAS COUNTY, TEXAS ORDER ON DEFENDANT MOISES CUEVAS, JR.’S 9la MOTION TO DISMISS PLAINTIFFS’ CLAIM FOR DECLARTORY RELIEF The Court having considered Defendant Moises Cuevas, Jr.’s Original Rule 91a Motion to Dismiss Plaintiffs’ Claim for Declaratory Relief, the Plaintiffs’ Original Response to said Motion, and Defendant’s Original Reply in Support of such motion that was originally heard by submission on March 14, 2022, the Court GRANTS Defendant Moises Cuevas, Jr.’s Motion to Dismiss Plaintiffs’ Claim for Declaratory Relief. The Court FINDS that in paragraph 22 of Plaintiff’s First Amended Petition, Plaintiffs have first pled an open-end claim for declaratory relief concerning certain copyright rights in dispute (including but not limited to ownership), by pleading the following: 22. Plaintiffs brings this action for declaratory judgment pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code because a real and justifiable controversy exists between Plaintiffs and Defendant regarding the matters described above, including ask this Court to determine and declare the copyrights interest in the albums. Accordingly, Plaintiffs request the Court adjudicate and declare the rights and interest of the parties’ pursuant to the Declaratory Judgments Act, including, but not limited to: (i) declaring that all rights to copyrights in the ten albums belongs solely with Azteca Records; and (ii) ordering Defendant to cease any attempt to seek copyright or other legal protection for any album produced by Azteca Record for the band, La Energia Nortefia. Order on Def.’s 91a Motion to Dismiss PAGE 1 The Court FINDS that 17 U.S.C. § 106 codifies the exclusive rights granted to an owner of a copyright. The Court FINDS that pursuant to 17 U.S.C. § 201, the ownership in a copyright initially vests in the author(s). The Court FINDS that pursuant to l7 U.S.C. § 204, the grant or transfer of an interest in a copyright can only be conveyed in writing signed by the owner of the rights conveyed. The Court FINDS that Plaintiffs have pled and alleged facts in Plaintiff’s First Amended Petition that “...Azteca Records is the rightful owner of the album copyrights” and “Defendant Cuevas. . .ma[de] claims of ownership and authorship of the albums where he has no right to claim copyrights.” The Court FINDS that Plaintiffs did not plead or allege any necessary facts in Plaintiff‘s First Amended Petition that rely on the existence of a written contract or written agreement granting copyright ownership to enable this Court to rule solely on the issue of copyright ownership as a matter of state contract law. Instead, the Court FINDS that copyright ownership claims grounded in disputes about authorship are considered to arise under the U.S. Copyright Act, and therefore pursuant to 28 U.S.C. § 1338(a), only a federal district court “. . .shall have original jurisdiction of any civil action arising under any Act of Congress relating to. . .copyrights.” Accordingly, the Court FINDS that it lacks subject matter jurisdiction to provide declaratory relief on the ownership of copyrights of the sound recordings in question because the authorship of such works is disputed. The Court ORDERS that Plaintiffs’ request for declaratory judgment on the copyright rights question (including but not limited to question of ownership of such copyrights) is dismissed Order on Def.’s 91a Motion to Dismiss PAGE 2 with prejudice. The Court FINDS that Defendant Cuevas is entitled to reimbursement of his reasonable and necessary attorney’s fees and costs, amounting to: The Court ORDERS that Plaintiffs’ amend their petition to delete Plaintiffs’ claim for declaratory judgment regarding the sound recording copyrights rights in question; The Court ORDERS that Plaintiffs reimburse Defendant Cuevas for his reasonable and necessary attorneys fees and costs Within five (5) days of this ORDER. Signed on ,2022. JUDGE PRESIDING Order on Def.’s 91a Motion to Dismiss PAGE 3 ENTRY REQUESTED BY: DAVID CHASE LAN CARTE Texas Bar No. 24082464 chase@1ancartelaw.com LanCalte Law, PLLC 2817 West End Ave., Suite 126-276 Nashville, Tennessee 37203 Tel: 214-935-2430 Fax: 214-934-2450 ls/ Marcus C. Marsden, Jr. MARCUS C. MARSDEN, JR. State Bar No. 13014200 marcus@colanerifinn.com THE COLANERI FIRM, P.C. 524 E. Lamar Blvd., Suite 280 Arlington, Texas 76011 Tel: 817-640-1588 Fax: 817-640-1680 ATTORNEYS FOR DEFENDANT Order on Def.’s 91a Motion to Dismiss PAGE 4 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 for the represented parties as listed below on this July 26, 2022. David N. CalVillo TX State Bar No. 03673000 1200 Smith Street, Suite 1400 Houston, TX 77002 david.calvillo@chamberlainlaw.com Attorney for PlaintzflLa Energia Nortena, LLC & PlaintiflAdrian Zamarripa Angel V. Mata TX State Bar No. 24063 940 512 S. Fitzhugh Avenue Dallas, TX 75223 attorney@angelmatalaw.com Attorney for PlaintzflHumberto Novoa @271 David Chase LanCarte Order on Def.’s 91a Motion to Dismiss PAGE 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. David LanCarte Bar No. 24082464 chase@lancartelaw.com Envelope ID: 66676682 Status as of 7/26/2022 1:02 PM CST Associated Case Party: MOISES CUEVAS Name BarNumber Email TimestampSubmitted Status David LanCarte 24082464 chase@lancartelaw.com 7/26/202212z56z13 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. David LanCarte Bar No. 24082464 chase@lancartelaw.com Envelope ID: 66676682 Status as of 7/26/2022 1:02 PM CST Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT David N.Calvillo david.ca|villo@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT Judy Rochna judy.rochna@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT Armando Huereca armando.huereca@chamberlainlaw.com 7/26/2022 12:56:13 PM SENT Angel V.Mata attorney@angelmatalaw.com 7/26/2022 12:56:13 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. David LanCarte Bar No. 24082464 chase@lancartelaw.com Envelope ID: 66676682 Status as of 7/26/2022 1:02 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 7/26/2022 12:56:13 PM SENT Estefany Martinez martinez@angelmatalaw.com 7/26/2022 12:56:13 PM SENT