On February 16, 2021 a
Order
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.
Preview
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’S PLEA IN ABATEMENT & MOTION TO STAY
The Court having considered Defendant’s Plea in Abatement & Motion to Stay, Plaintiff‘s
Response if any, and any evidence submitted, the Court GRANTS Defendant’s said motion.
The Court ORDERS that the Plaintiff” s present action and suit along with this state court’s
proceedings are stayed until the Federal Court for the Northern District of Texas rules on the
federal question of copyright ownership of the sound recordings in dispute and the related federal
and state claims and causes of action first raised by Defendant Cuevas on behalf of Plaintiff La
Energia Nortena, LLC as part of a derivative action in Civil Case No. 3:21-CV-03243-C-BK.
Signed on , 2022.
8l18l2022 10:42:51 AM
j/ .I
Mai-fl”
t
/"/
JUDGE PRESIDING
Order on Def.’s Plea in Abatement and Motion to Stay the State Lawsuit PAGE 1
ENTRY REQUESTED BY:
€404?
DAVID CHASE LANCARTE
Texas Bar N0. 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
Attorney for Defendant Moises Cuevas, Jr.
Jr.
/s/ Marcus C. Marsden,
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
Attorney for Defendant Moises Cuevas, Jr.
Order on Def.’s Plea in Abatement and Motion to Stay the State Lawsuit PAGE 2
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 2nd day of August, 2022.
David N. Calvillo
TX State Bar No. 03673000
Chamberlain, Hrdlicka, White, Williams & Aughtry, P.C.
1200 Smith Street, Suite 1400
Houston, TX 77002
daVid.calvillo@chamberlainlaw.com
Attorney for Plaintiff La Energia Nortena, LLC & Plaintiff Adrian Zamarripa
Angel V. Mata
TX State Bar No. 24063940
The Law Offices of Angel Mata
512 S. Fitzhugh Avenue
Dallas, TX 75223
attorney@angelmatalaw.com
Attorney for Plaintiff Humberto Novoa
CM?
David Chase LanCarte
Order on Def.’s Plea in Abatement and Motion to Stay the State Lawsuit PAGE 3
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: 66879865
Status as of 8/2/2022 2:00 PM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber Email TimestampSubmitted Status
David LanCarte 24082464 chase@lancartelaw.com 8/2/2022 11:20:22 AM 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: 66879865
Status as of 8/2/2022 2:00 PM CST
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT
David N.Calvillo david.calvillo@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT
Angel V.Mata attorney@angelmatalaw.com 8/2/2022 11:20:22 AM 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: 66879865
Status as of 8/2/2022 2:00 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 8/2/2022 11:20:22 AM SENT
Estefany Martinez martinez@angelmatalaw.com 8/2/2022 11:20:22 AM SENT
Document Filed Date
August 18, 2022
Case Filing Date
February 16, 2021
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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’S PLEA IN ABATEMENT & MOTION TO STAY The Court having considered Defendant’s Plea in Abatement & Motion to Stay, Plaintiff‘s Response if any, and any evidence submitted, the Court GRANTS Defendant’s said motion. The Court ORDERS that the Plaintiff” s present action and suit along with this state court’s proceedings are stayed until the Federal Court for the Northern District of Texas rules on the federal question of copyright ownership of the sound recordings in dispute and the related federal and state claims and causes of action first raised by Defendant Cuevas on behalf of Plaintiff La Energia Nortena, LLC as part of a derivative action in Civil Case No. 3:21-CV-03243-C-BK. Signed on , 2022. 8l18l2022 10:42:51 AM j/ .I Mai-fl” t /"/ JUDGE PRESIDING Order on Def.’s Plea in Abatement and Motion to Stay the State Lawsuit PAGE 1 ENTRY REQUESTED BY: €404? DAVID CHASE LANCARTE Texas Bar N0. 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 Attorney for Defendant Moises Cuevas, Jr. Jr. /s/ Marcus C. Marsden, 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 Attorney for Defendant Moises Cuevas, Jr. Order on Def.’s Plea in Abatement and Motion to Stay the State Lawsuit PAGE 2 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 2nd day of August, 2022. David N. Calvillo TX State Bar No. 03673000 Chamberlain, Hrdlicka, White, Williams & Aughtry, P.C. 1200 Smith Street, Suite 1400 Houston, TX 77002 daVid.calvillo@chamberlainlaw.com Attorney for Plaintiff La Energia Nortena, LLC & Plaintiff Adrian Zamarripa Angel V. Mata TX State Bar No. 24063940 The Law Offices of Angel Mata 512 S. Fitzhugh Avenue Dallas, TX 75223 attorney@angelmatalaw.com Attorney for Plaintiff Humberto Novoa CM? David Chase LanCarte Order on Def.’s Plea in Abatement and Motion to Stay the State Lawsuit PAGE 3 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: 66879865 Status as of 8/2/2022 2:00 PM CST Associated Case Party: MOISES CUEVAS Name BarNumber Email TimestampSubmitted Status David LanCarte 24082464 chase@lancartelaw.com 8/2/2022 11:20:22 AM 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: 66879865 Status as of 8/2/2022 2:00 PM CST Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT David N.Calvillo david.calvillo@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT Judy Rochna judy.rochna@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT Armando Huereca armando.huereca@chamberlainlaw.com 8/2/2022 11:20:22 AM SENT Angel V.Mata attorney@angelmatalaw.com 8/2/2022 11:20:22 AM 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: 66879865 Status as of 8/2/2022 2:00 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 8/2/2022 11:20:22 AM SENT Estefany Martinez martinez@angelmatalaw.com 8/2/2022 11:20:22 AM SENT