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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FILED
4/10/2023 11:47 AM
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. § 192m JUDICIAL DISTRICT
§
MOISES CUEVAS, JR. §
Defendant § DALLAS COUNTY, TEXAS
ORDER 0N
DEFENDANT’S NO-EVIDENCE MOTION FOR PARTIAL SUMMARY JUDGMENT
On this day came to be heard Defendant’s No-Evidence Motion for Partial Summary
Judgment. After considering the said motion and documents in support of said motion, any
response in opposition to said motion, and any oral arguments of the parties, the Court GRANTS
Defendant’s No-Evidence Motion for Partial Summary Judgement.
The Court FINDS that there is no evidence to support the essential elements of Plaintiffs’
cause of action for breach of fiduciary duty against Defendant Cuevas.
The Court further FINDS that it is lacks subject matter jurisdiction to provide Plaintiffs’
requested declaratory relief, because the issue of copyright ownership of the subject sound
recordings is grounded in a dispute of authorship due to parties failure to contract in writing, and
therefore the copyright ownership dispute arises under the U.S. Copyright Act and the exclusive
jurisdiction of the federal district court to decide such matter. See 28 U.S.C. § 1338(a); see 17
U.S.C. 204(a); see Jones v. Glad Music Publ’g & Recording LP, 535 F. Supp. 3d 723, 732 (M.D.
Tenn. 2021); see also, Goodman v. Lee, 815 F.2d 1030, 1031 (5th Cir. 1987, adopting Judge
Friendly’s test from T.B. Harms C0. v. Eliscu, 339 F.2d 823 (2d Cir. 1964) (emphasis added)); see
also, Rodrigue v. Magnus, No. 20-1240, 2021 U.S. Dist. LEXIS 76552, at *7-8 (E.D. La. 2021);
see also, In re Porter, 498 B.R. 609, 670 (Bankr. E.D. La. 2013).
The Court FINDS that, pursuant to TEX. CIV. PRAC. & REM. CODE § 37.009, Defendant is
entitled to the recovery of his costs and the reasonable and necessary attorney’s fees in his defense
from Plaintiffs’ claim for declaratory relief and for any appeal that may follow. The Court
ORDERS that Plaintiffs accordingly pay Defendant $68,263.69 in costs and reasonable and
necessary attorney’s fees.
Accordingly, the Court ORDERS that Plaintiff’s cause of action for breach of fiduciary
duty and claim for declaratory relief on the sound recordings in question is DENIED and
DISMISSED with prejudice.
Order on Defl’s No-Evidence Motion for Partial Summary Judgment PAGE 1
With regards to Plaintiff’s proposed wind down and dissolution, the Court will begin to
address such matter following the Federal Court’s resolution of the sound recording copyrights
in question in accordance with this Court’s prior order granting Defendant’s Motion to Stay.
Signed on , 2023.
JUDGE PRESIDING
Order on Defl’s No-Evidence Motion for Partial Summary Judgment PAGE 2
Respectfully Submitted for Entry by:
DAVID CHASE LAN CARTE
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
ls/ Marcus C. Marsden, Jr.
MARCUS C. MARSDEN, JR.
State Bar No. 13014200
marcus@colanerifirm.com
THE COLANERI FIRM, P.C.
524 E. Lamar B1Vd., Suite 280
Arlington, Texas 76011
Tel: 817-640-1588
Fax: 817-640-1680
ATTORNEYS FOR DEFENDANT
Order on Defi’s No-Evidence Motion for Partial Summary Judgment PAGE 3
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
April 10, 2023.
David N. CalVillo
TX State Bar No. 03673000
1200 Smith Street, Suite 1400
Houston, TX 77002
david.calvillo@chamber1ainlaw.com
Angel V. Mata
TX State Bar No. 24063 940
512 S. Fitzhugh Avenue
Dallas, TX 75223
attomey@angelmatalaw.com
%//
'
David Chase LanCarte
Order on Defl’s No-Evidence Motion for Partial Summary Judgment PAGE 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David LanCarte
Bar No. 24082464
chase@lancartelaw.com
Envelope ID: 74472072
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED ORDER DEFENDANTS NO EVIDENCE
PARTIAL SUMMARY JUDGMENT
Status as of 4/10/2023 11:52 AM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber Email TimestampSubmitted Status
David LanCarte 24082464 chase@|ancartelaw.com 4/10/2023 11:47:45 AM SENT
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT
David N.Ca|vi||o david.calvilIo@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT
Angel V.Mata attorney@angelmatalaw.com 4/10/2023 11:47:45 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 4/10/2023 11:47:45 AM SENT
Estefany Martinez martinez@angelmatalaw.com 4/10/2023 11:47:45 AM SENT
Document Filed Date
April 10, 2023
Case Filing Date
February 16, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
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FILED 4/10/2023 11:47 AM 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. § 192m JUDICIAL DISTRICT § MOISES CUEVAS, JR. § Defendant § DALLAS COUNTY, TEXAS ORDER 0N DEFENDANT’S NO-EVIDENCE MOTION FOR PARTIAL SUMMARY JUDGMENT On this day came to be heard Defendant’s No-Evidence Motion for Partial Summary Judgment. After considering the said motion and documents in support of said motion, any response in opposition to said motion, and any oral arguments of the parties, the Court GRANTS Defendant’s No-Evidence Motion for Partial Summary Judgement. The Court FINDS that there is no evidence to support the essential elements of Plaintiffs’ cause of action for breach of fiduciary duty against Defendant Cuevas. The Court further FINDS that it is lacks subject matter jurisdiction to provide Plaintiffs’ requested declaratory relief, because the issue of copyright ownership of the subject sound recordings is grounded in a dispute of authorship due to parties failure to contract in writing, and therefore the copyright ownership dispute arises under the U.S. Copyright Act and the exclusive jurisdiction of the federal district court to decide such matter. See 28 U.S.C. § 1338(a); see 17 U.S.C. 204(a); see Jones v. Glad Music Publ’g & Recording LP, 535 F. Supp. 3d 723, 732 (M.D. Tenn. 2021); see also, Goodman v. Lee, 815 F.2d 1030, 1031 (5th Cir. 1987, adopting Judge Friendly’s test from T.B. Harms C0. v. Eliscu, 339 F.2d 823 (2d Cir. 1964) (emphasis added)); see also, Rodrigue v. Magnus, No. 20-1240, 2021 U.S. Dist. LEXIS 76552, at *7-8 (E.D. La. 2021); see also, In re Porter, 498 B.R. 609, 670 (Bankr. E.D. La. 2013). The Court FINDS that, pursuant to TEX. CIV. PRAC. & REM. CODE § 37.009, Defendant is entitled to the recovery of his costs and the reasonable and necessary attorney’s fees in his defense from Plaintiffs’ claim for declaratory relief and for any appeal that may follow. The Court ORDERS that Plaintiffs accordingly pay Defendant $68,263.69 in costs and reasonable and necessary attorney’s fees. Accordingly, the Court ORDERS that Plaintiff’s cause of action for breach of fiduciary duty and claim for declaratory relief on the sound recordings in question is DENIED and DISMISSED with prejudice. Order on Defl’s No-Evidence Motion for Partial Summary Judgment PAGE 1 With regards to Plaintiff’s proposed wind down and dissolution, the Court will begin to address such matter following the Federal Court’s resolution of the sound recording copyrights in question in accordance with this Court’s prior order granting Defendant’s Motion to Stay. Signed on , 2023. JUDGE PRESIDING Order on Defl’s No-Evidence Motion for Partial Summary Judgment PAGE 2 Respectfully Submitted for Entry by: DAVID CHASE LAN CARTE 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 ls/ Marcus C. Marsden, Jr. MARCUS C. MARSDEN, JR. State Bar No. 13014200 marcus@colanerifirm.com THE COLANERI FIRM, P.C. 524 E. Lamar B1Vd., Suite 280 Arlington, Texas 76011 Tel: 817-640-1588 Fax: 817-640-1680 ATTORNEYS FOR DEFENDANT Order on Defi’s No-Evidence Motion for Partial Summary Judgment PAGE 3 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 April 10, 2023. David N. CalVillo TX State Bar No. 03673000 1200 Smith Street, Suite 1400 Houston, TX 77002 david.calvillo@chamber1ainlaw.com Angel V. Mata TX State Bar No. 24063 940 512 S. Fitzhugh Avenue Dallas, TX 75223 attomey@angelmatalaw.com %// ' David Chase LanCarte Order on Defl’s No-Evidence Motion for Partial Summary Judgment PAGE 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. David LanCarte Bar No. 24082464 chase@lancartelaw.com Envelope ID: 74472072 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PROPOSED ORDER DEFENDANTS NO EVIDENCE PARTIAL SUMMARY JUDGMENT Status as of 4/10/2023 11:52 AM CST Associated Case Party: MOISES CUEVAS Name BarNumber Email TimestampSubmitted Status David LanCarte 24082464 chase@|ancartelaw.com 4/10/2023 11:47:45 AM SENT Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT David N.Ca|vi||o david.calvilIo@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT Judy Rochna judy.rochna@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT Armando Huereca armando.huereca@chamberlainlaw.com 4/10/2023 11:47:45 AM SENT Angel V.Mata attorney@angelmatalaw.com 4/10/2023 11:47:45 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 4/10/2023 11:47:45 AM SENT Estefany Martinez martinez@angelmatalaw.com 4/10/2023 11:47:45 AM SENT