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FILED
5/16/2023 5:04 PM
FELICIA PITRE
DISTRICT CLERK
LANCARTE LAW, p.L.L.cr~Row3’¥EfiSE§é’$5¢$
® Create, Inspire, and Let Us Take Care of the Details.”
May 16, 2023
Hon. Maria Aceves
192““ Civil District Court
George L. Allen, Sr. Courts Building
600 Commerce Street
Box 740
Dallas, Texas 75202
Re: La Energia Nortena, LLC et a1 v. Cuevas, Case No. DC-22-03103,
Defendant’s Proposed Order on Defendant’s Objections to Plaintiffs’
Exhibits Offered in Support of Plaintiff’s Response to Defendant’s No-
Evidence Motion for Partial Summary Judgment
Dear Judge Aceves:
I am the lead attorney J
of record for Defendant Moises Cuevas, r. in the pending case
before Court styled, La Energia Nortena LLC e! al v. Cuevas, Case No. DC-22-03103.
the.
On May 12, 2022, this Court heard Defendant’s No-Evidence Motion for Partial
Summary Judgment with visiting Judge Charles Stokes presiding. In response to Defendant’s
said Motion, Plaintifis filed the following four exhibits:
1. Declaration of Humberto Novoa (including the amended version filed on May 12,
-
2023) P1aimifi’s Exhibit 1;
2. Declaration of Francisco Banda (including the amended version filed on May ll,
2023) — Plainfifi’s Exhibit 2;
3. An alleged Partnership contract and Professional Artistic Representation Contract
allegedly between Azteca Talent Agency, Inc. and the musical group known as La
Energia Nortena — Plaintiff’s Exhibit 3; and
4. Aflidavit of David M. Medina - Plaintiff’s Exhibit 4.
Defendant filed detailed and timely objections to Plaintiff’s Exhibits 1, 2, and 3 including
timely objections to the amend versions of Plaintiff’s Exhibits l and 2.
Defendant also presented such objections to the Court at the time of the hearing and in
support of Defendant’s No-Evidence Motion for Partial Summary Judgment.
2817 West End Avenue, Suite 126—276, Nashville, TN 37203
chase@lancartelaw.com 0 615-850-7990 0 www.1ancartelaw.com
Cover Letter to the Court Page 2
May 16, 2023
After the hearing was concluded, the Court’s administrator, Veronica Vaughn, sent an
email to all parties stating, “The Court has denied the No Evidence Motion for Partial Summary
Judgment.” The Court did not give any reasoning for its decision nor were any rulings made as to
Defendant’s timely objections to Plaintifi"s Exhibits.
To date, no ruling or order has been made as to Defendant’s timely objections to
Plaintiff‘s Exhibits tendered to the Court as part of Plaintiff’s Response or Stu-Reply to
Defendant’s No Evidence Motion for Partial Summary Judgment.
Accordingly, Defendant submits the following proposed order for the Court to select
whether it sustains or overrules Defendant's objections to Plaintiff’s Exhibits 1, 2, and 3.
Respectfully and for the purposes of preserving any error made by the Court’s ruling,
Defendant request that the Court issue its ruling as to Defendant’s timely objections to Plaintifs
Exhibits 1, 2, and 3.
Respectquy Submitted,
DAVID cmsE LANCARTE‘
Texas Bar No. 24082464
chase@lancartelaw.com
LanCaIte Law, PLLC
2817 West End Ave., Suite 126-276
Nashville, Tennessee 37203
Tel: 214-935-2430
Fax: 214-934-2450
ATTORNEY FOR DEFENDANT
Enclosure: Proposed Order
Cover Letter to the Court Page 3
May 16, 2023
[F T FER CE
I do hereby certify that I have forwarded a true and correct copy of the above and foregoing
letter and the attached proposed order in this cause to all counsel of record for the represented
parties as listed below on this May 16, 2023..
David N. Calvillo
TX State Bar No. 03673000
1200 Smith Street, Suite 1400
Houston, TX 77002
david.calvillo@chamberlainlaw.com
Angel V. Mata
TX State Bar No. 24063940
512 S. Fitzhugh Avenue
Dallas, TX 75223
attomey@angelmatalaw.com
55/691
David Charge LanCarte
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 OBJECTIONS TO PLAINTIFF S’ EXHIBITS OFFERED IN SUPPORT
OF PLAINTIFFS’ RESPONSE IN OPPOSITION TO DEFENDANT’S NO-EVIDENCE
MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiff offered the following four exhibits in support of Plaintiff’s Response and Sur-
Reply Opposition to Defendant’s No-Evidence Motion for Partial Summary Judgment:
in
l. Declaration of Humberto Novoa (including the amended version filed on May 12,
2023) — Plaintiffs Exhibit 1;
2. Declaration of Francisco Banda (including the amended version filed on May 11,
2023) — Plaintiffs Exhibit 2;
3. An alleged Partnership contract and Professional Artistic Representation Contract
allegedly between Azteca Talent Agency, Inc. and the musical group known as La
Energia Nortena — Plaintiff s Exhibit 3; and
4. Affidavit of David M. Medina — Plaintiffs Exhibit 4.
Defendant has made objections to Plaintiffs Exhibits l, 2, and 3.
Having heard and reviewed the Defendant’s objections on May 12, 2023, the Court
ORDERS that:
(check the appropriate blank)
Defendant’s objections to Plaintiff s Exhibit l are: Sustained
Overruled;
Order on Defl’s Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. PAGE 1
Defendant’s objections to Plaintiff’ s Exhibit 2 are: Sustained
Overruled;
and
Defendant’s objections to Plaintiff’s Exhibit 3 are: Sustained
Overruled.
Signed on , 2023.
JUDGE PRESIDING
Order on Defl’s Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. PAGE 2
W
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
/s/ 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 Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. 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
May 16, 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
C07.
David Chase LanCarte
Order on Defl’s Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. 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: 75704016
Filing Code Description: Correspondence - Letter To File
Filing Description: RE: DEF(S) LETTER TO THE COURT DATED MAY
16, 2023, - DEF(S) PROPOSED ORDER ON DEF(S) OBJ - PLAINTIFFS'
EXHIBITS
Status as of 5/17/2023 10:22 AM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber Email TimestampSubmitted Status
David LanCarte 24082464 chase@lancartelaw.com 5/16/2023 5:04:13 PM SENT
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT
David N.Ca|vi||o david.calvilIo@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT
Angel V.Mata attorney@angelmatalaw.com 5/16/2023 5:04:13 PM SENT
Rosa Reyes rosa.reyes@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 5/16/2023 5:04:13 PM SENT
Estefany Martinez martinez@angelmatalaw.com 5/16/2023 5:04:13 PM SENT
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FILED 5/16/2023 5:04 PM FELICIA PITRE DISTRICT CLERK LANCARTE LAW, p.L.L.cr~Row3’¥EfiSE§é’$5¢$ ® Create, Inspire, and Let Us Take Care of the Details.” May 16, 2023 Hon. Maria Aceves 192““ Civil District Court George L. Allen, Sr. Courts Building 600 Commerce Street Box 740 Dallas, Texas 75202 Re: La Energia Nortena, LLC et a1 v. Cuevas, Case No. DC-22-03103, Defendant’s Proposed Order on Defendant’s Objections to Plaintiffs’ Exhibits Offered in Support of Plaintiff’s Response to Defendant’s No- Evidence Motion for Partial Summary Judgment Dear Judge Aceves: I am the lead attorney J of record for Defendant Moises Cuevas, r. in the pending case before Court styled, La Energia Nortena LLC e! al v. Cuevas, Case No. DC-22-03103. the. On May 12, 2022, this Court heard Defendant’s No-Evidence Motion for Partial Summary Judgment with visiting Judge Charles Stokes presiding. In response to Defendant’s said Motion, Plaintifis filed the following four exhibits: 1. Declaration of Humberto Novoa (including the amended version filed on May 12, - 2023) P1aimifi’s Exhibit 1; 2. Declaration of Francisco Banda (including the amended version filed on May ll, 2023) — Plainfifi’s Exhibit 2; 3. An alleged Partnership contract and Professional Artistic Representation Contract allegedly between Azteca Talent Agency, Inc. and the musical group known as La Energia Nortena — Plaintiff’s Exhibit 3; and 4. Aflidavit of David M. Medina - Plaintiff’s Exhibit 4. Defendant filed detailed and timely objections to Plaintiff’s Exhibits 1, 2, and 3 including timely objections to the amend versions of Plaintiff’s Exhibits l and 2. Defendant also presented such objections to the Court at the time of the hearing and in support of Defendant’s No-Evidence Motion for Partial Summary Judgment. 2817 West End Avenue, Suite 126—276, Nashville, TN 37203 chase@lancartelaw.com 0 615-850-7990 0 www.1ancartelaw.com Cover Letter to the Court Page 2 May 16, 2023 After the hearing was concluded, the Court’s administrator, Veronica Vaughn, sent an email to all parties stating, “The Court has denied the No Evidence Motion for Partial Summary Judgment.” The Court did not give any reasoning for its decision nor were any rulings made as to Defendant’s timely objections to Plaintifi"s Exhibits. To date, no ruling or order has been made as to Defendant’s timely objections to Plaintiff‘s Exhibits tendered to the Court as part of Plaintiff’s Response or Stu-Reply to Defendant’s No Evidence Motion for Partial Summary Judgment. Accordingly, Defendant submits the following proposed order for the Court to select whether it sustains or overrules Defendant's objections to Plaintiff’s Exhibits 1, 2, and 3. Respectfully and for the purposes of preserving any error made by the Court’s ruling, Defendant request that the Court issue its ruling as to Defendant’s timely objections to Plaintifs Exhibits 1, 2, and 3. Respectquy Submitted, DAVID cmsE LANCARTE‘ Texas Bar No. 24082464 chase@lancartelaw.com LanCaIte Law, PLLC 2817 West End Ave., Suite 126-276 Nashville, Tennessee 37203 Tel: 214-935-2430 Fax: 214-934-2450 ATTORNEY FOR DEFENDANT Enclosure: Proposed Order Cover Letter to the Court Page 3 May 16, 2023 [F T FER CE I do hereby certify that I have forwarded a true and correct copy of the above and foregoing letter and the attached proposed order in this cause to all counsel of record for the represented parties as listed below on this May 16, 2023.. David N. Calvillo TX State Bar No. 03673000 1200 Smith Street, Suite 1400 Houston, TX 77002 david.calvillo@chamberlainlaw.com Angel V. Mata TX State Bar No. 24063940 512 S. Fitzhugh Avenue Dallas, TX 75223 attomey@angelmatalaw.com 55/691 David Charge LanCarte 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 OBJECTIONS TO PLAINTIFF S’ EXHIBITS OFFERED IN SUPPORT OF PLAINTIFFS’ RESPONSE IN OPPOSITION TO DEFENDANT’S NO-EVIDENCE MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiff offered the following four exhibits in support of Plaintiff’s Response and Sur- Reply Opposition to Defendant’s No-Evidence Motion for Partial Summary Judgment: in l. Declaration of Humberto Novoa (including the amended version filed on May 12, 2023) — Plaintiffs Exhibit 1; 2. Declaration of Francisco Banda (including the amended version filed on May 11, 2023) — Plaintiffs Exhibit 2; 3. An alleged Partnership contract and Professional Artistic Representation Contract allegedly between Azteca Talent Agency, Inc. and the musical group known as La Energia Nortena — Plaintiff s Exhibit 3; and 4. Affidavit of David M. Medina — Plaintiffs Exhibit 4. Defendant has made objections to Plaintiffs Exhibits l, 2, and 3. Having heard and reviewed the Defendant’s objections on May 12, 2023, the Court ORDERS that: (check the appropriate blank) Defendant’s objections to Plaintiff s Exhibit l are: Sustained Overruled; Order on Defl’s Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. PAGE 1 Defendant’s objections to Plaintiff’ s Exhibit 2 are: Sustained Overruled; and Defendant’s objections to Plaintiff’s Exhibit 3 are: Sustained Overruled. Signed on , 2023. JUDGE PRESIDING Order on Defl’s Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. PAGE 2 W 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 /s/ 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 Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. 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 May 16, 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 C07. David Chase LanCarte Order on Defl’s Obj.s to Pl.’s Exhibits in Support of Pl.’s Resp. to Def.’s No-Evidence Motion for Partial Summ. J. 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: 75704016 Filing Code Description: Correspondence - Letter To File Filing Description: RE: DEF(S) LETTER TO THE COURT DATED MAY 16, 2023, - DEF(S) PROPOSED ORDER ON DEF(S) OBJ - PLAINTIFFS' EXHIBITS Status as of 5/17/2023 10:22 AM CST Associated Case Party: MOISES CUEVAS Name BarNumber Email TimestampSubmitted Status David LanCarte 24082464 chase@lancartelaw.com 5/16/2023 5:04:13 PM SENT Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT David N.Ca|vi||o david.calvilIo@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT Judy Rochna judy.rochna@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT Armando Huereca armando.huereca@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT Angel V.Mata attorney@angelmatalaw.com 5/16/2023 5:04:13 PM SENT Rosa Reyes rosa.reyes@chamberlainlaw.com 5/16/2023 5:04:13 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 5/16/2023 5:04:13 PM SENT Estefany Martinez martinez@angelmatalaw.com 5/16/2023 5:04:13 PM SENT