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FILED
6/9/2023 12:51 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
LAN CARTE LAW, PLLdreva Parker-Ayodele DEPUTY
® Create, Inspire, and Let Us Take Care qf the Details."
June 9, 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 al v. Cuevas, Case No. DC-22-03103,
Defendant’s Request for Rehearing on Defendant’s No-Evidence Motion for
Partial Summary Judgment
Dear Judge Aceves:
I am the attorney of record for Defendant Moises Cuevas Jr. in the above referenced case.
On May 12, 2023, the Court heard Defendant’s No-Evidence Motion for Partial Summary
Judgment with Visiting Senior Judge Charles Stokes, sitting by assignment. No decision by the
Court on Defendant’s said Motion was entered or given by Judge Stokes at the time of hearing.
Instead, at the conclusion of the hearing, Judge Stokes informed the parties that he would issue
his ruling after the hearing.
Thereafler, on May 12, 2023, the Court Coordinator Veronica Vaughn sent an email to all
parties to state, “The Court has denied the No Evidence Motion for Partial Summary Judgment.”
However, the Court did not issue or sign any Order that day on Defendant’s No-Evidence
Motion for Partial Summary Judgment. A copy of such email is attached as Exhibit 1 of this
letter.
Recently, I received via U.S. mail a Notice of Judgment from the Clerk’s Oflice dated
May 24, 2023, informing me that a Judgment had been entered on May 15, 2023. A copy of this
notice is attached as Exhibit 2 of this letter. The Clerk also sent a copy of this Notice to
Plaintifi‘s’ counsel on May 27, 2023. See Exhibit 2.
Upon receiving this Notice, I checked the Court’s Records as I had not been informed
that a Judgment had been entered on May 15, 2023.
Upon checking the Court’s Records, I found that the Court GRANTED Defendant’s No-
Evidence Motion for Partial Summary Judgment on May 15, 2023. A copy of the signed and
filed Judgment and Order dated May 15, 2023 is attached as Exhibit 3 of this letter. A copy of
this signed and filed Judgment Granting Defendant’s No-Evidence Motion for Partial Summary
2817 West End Avenue, Suite 126-276, Nashville, TN 37203
chase@lancartelaw.com 0 615-850-7990 0 www.1ancartelaw.com
Page 2
Judgment was never circulated to the panics. Therefore, I was not aware that such order had
been entered.
Additionally, on May 16, 2023, Judge Stokes signed another order DENYING
Defendant’s No-Evidence Motion for Partial Summary Judgment. A copy of such order is
attached as Exhibit 4 of this letter. But the Court never vacated its prior order, which had first
GRANTED Defendant’s No-Evidence Motion for Partial Summary Judgment.
I further note that based on the Court’s first order GRANTING Defendant’s No-
Evidence Motion for Partial Summary Judgment, the Court has closed the present action.
Given that the Court has issued two conflicting Orders on Defendant’s No-Evidence
Motion for Partial Summary Judgment and that Defendant’s said motion was heard by visiting
Judge Stokes, Defendant respectfully requests a rehearing on Defendant’s No-Evidence Motion
for Partial Summary Judgment.
The case law cited and objections raised by Defendant Cuevas shows and proves that
Plaintifi‘s have presented no-evidence to support their claims and causes of action against
Defendant Cuevas.
Therefore, Defendant requests the opportunity for your Honor to re-hear Defendant’s said
motion and decide the matter.
Respectfully Submitted,
AVID éHASE‘fAN TE
Texas Bar No. 240824
chase@lancartelaw.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
Enclosure: Exhibits 1-4
Page 3
CERTIFICATE OF SERVICE
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 June 9, 2023.
David N. Calvillo
TX State Bar No. 03673000
1200 Smith Street, Suite 1400
Houston, ”IX 77002
david.calvillo@chamberlainlaw.com
Angel V. Mata
TX State Bar No. 24063940
512 S. Fitzhugh Avenue
Dallas, TX 75223
attomey@angelmatalaw.com
Davicyéhase
LanCane\
EXHIBIT 1
From: Veronica Vaughn Veronica.Vaughn@dallascounty.org y
Subiect: DC-22-3103 La Energia Nortena, LLC, et al vs Moises Cuevas
Date: May 12, 2023 at 3:04 PM
To: Chase LanCarte chase@lancartelaw.com
Cc: marcus@colanerifirm.com marcus@colanerifirm.com, Kennedy, Debbie Debbie.Kennedy@chamberlainlaw.com,
david.ca|vi|lo@chamberlainlaw.com, Rochna, Judy Judy.Rochna@chamberlainlaw.com, lauren.herrera@chamberlainlaw.com,
Huereca, Armando A. Armando.Huereca@chamberlainlaw.com, attorney@angelmatalawcom, Mark Marsden
marcus@colanerifirm.com, martinez@angelmatalaw.com
A11,
The Court has denied the No Evidence Motion for Partial Summary
Judgment.
Veronica Vaughn
192ml Court Administrator
600 Commerce Street
Suite 710B
Dallas, Texas 75202
214-653-7709
VeronicaVaughn@DallasCounty.org
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for
use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby
notified that any disclosure, copying, distribution or taking action in relation of the contents of this
information is strictly prohibited and may be unlawful.
This email has been scanned for viruses and malware, and may have been automatically archived by
Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand
protection, security awareness training, web security, compliance and other essential capabilities.
Mimecast helps protect large and small organizations from malicious activity, human error and technology
failure; and to lead the movement toward building a more resilient world. To find out more, visit our
website.
Defendant‘s No
Eviden...ent.pdf
EXHIBIT 2
FELICIA PITRE
DISTRICT CLERK
DALLAS COUNTY
600 COMMERCE, IST FLOOR
DALLAS, TEXAS 75202-4606
May 24, 2023
DAVID CHASE LANCARTE
LAN CARTE LAW PLLC
2817 WEST END AVE SUITE 126-276
NASHVILLE TN 37203
NOTICE OF JUDGMENT
CAUSE NO. DC-22-03103
La Energia Nortena, Llc In the District Court
Plaintifl(s),
V‘
Of Dallas County, Texas
Moises Cuevas Defendant(s) _ _
192nd Dlstrlct Court
TO WHOM IT MAY CONCERN:
In accordance with the provisions of Rule 306(a)(3) of the Texas Rules of Civil
Procedure, you are hereby notified that a Judgment has been entered in the above-referenced
matter. The judgment was signed on 05/15/2023. If you are an individual (not a company), your
money or property may be protected from being taken to pay this judgment. Find out more by
visiting wwwtexaslawhelp.org/exempt—propertv. (Si usted es una persona fisica (y no una
compania), su dinero 0 propiedad pudz'eran estar protegidos de ser embargados como pago de esta
deuda decretada en juicio en contra suya. Obtenga mayor informacién visitando el
sitio www. texaslawhelp. org/exempt-property.)
Respectfully,
Felicia Pitre, District Clerk
‘AQ
& flag;
We: ‘5
EXHIBIT 2
FELICIA PITRE
DISTRICT CLERK
DALLAS COUNTY
600 COMMERCE, IST FLOOR
DALLAS, TEXAS 75202-4606
May 27, 2023
DAVID NEAL CALVILLO
THE LAWOFFICE OF ANGEL MATA
5 12 S FITZHUGH AVENUE
DALLAS TX 75223
NOTICE OF JUDGMENT
CAUSE NO. DC-22-03103
La Energia Nortena, Llc In the District Court
Plaintifl(s),
V‘
of Dallas County, Texas
Moises Cuevas Defendant(s) _ _
192nd Dlstrlct Court
TO WHOM IT MAY CONCERN:
In accordance with the provisions of Rule 306(a)(3) of the Texas Rules of Civil
Procedure, you are hereby notified that a Judgment has been entered in the above-referenced
matter. The judgment was signed on 05/15/2023. If you are an individual (not a company), your
money or property may be protected from being taken to pay this judgment. Find out more by
visiting wwwtexaslawhelp.org/exempt—propertv. (Si usted es una persona fisica (y no una
compania), su dinero 0 propiedad pudz'eran estar protegidos de ser embargados como pago de esta
deuda decretada en juicio en contra suya. Obtenga mayor informacién visitando el
sitio www. texaslawhelp. org/exempt-property.)
Respectfully,
I
Felicia Pitre, District Clerk
233%
EXHIBIT 3
CAUSE NO. DC-22-03103
LA ENERGIA NORTENA, LLC, § IN THE DISTRICT COURT
ADRIAN ZAMARRIPA, and §
HUMBERTO NOVOA, §
Plaintifllv, §
§
vs. § 192”“ J UDICML DISTRICT
§
MOISES CUEVAS, JR. §
Defendant § DALLAS COUNTY, TEXAS
ORDER 0N
DEFENDANT ’S NO-EVIDENCE MOTION FOR PARTIAL SUMlVIARY JUDGIVIENT
On this day came to be heard Defendant’s No-Evidence Motion for Partial Summary
Judgnent. Afier 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 filrther 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 testfrom T.B. Harms Co. 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 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 $68,420.00 in reasonable and necessary attorney’s fees.
Post judgment interest shall apply to such amount awarded at a rate of 5%, compounded annually,
from the date this judgment is entered until such amount is paid in full.
Accordingly, the Court ORDERS that Plaintiffs 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 Def. ‘s Nu-Evidence Mofion for Partial Summary Judgnent PAGE l
With regards to Plaintiffs 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 dated February 27, 2023 on the Court’s
Reconsideration of the Court’s Order Granting Defendant’s Motion to Stay.
Signedon
M02}?
‘6 ,2023.
JUDGE PRESIDING
Senior Judge
Charles Stokes
Order on Dcfi's No-Evidcnce Motion for Partial Summary Judgment PAGE 2
Respectfully Submitted for Entry by:
W5?
DAVID CHASE LANCARTE
Texas Bar No. 24082464
chase@lancartelaw.com
La'nCarte Law, PLLC
2817 West End Ave, Suite 126-276
Nashville, Tennessee 37203
Tel: 214-935-2430
Fax: 214-934-2450
Isl Marcus C. Marsden, Jr.
MARCUS C. MARSDEN, JR.
State Bar No. 13014200
marcus@colanerifinn.com
THE COLANERI FIRM, PC.
524 E. Lamar Blvd., Suite 280
Arlington, Texas 76011
Tel: 817-640-1588
Fax: 817-640-1680
ATTORNEYS FOR DEFENDANT
I
Order on Defi's No-Evidencc 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
May 12, 2023.
David N. Calvillo
TX State Bar No. 03673000
1200 Smith Street, Suite 1400
Houston, TX 77002
david.calvillo@chamber1ain1aw.com
Angel V. Mata
TX State Bar No. 24063940
512 S. Fitzhugh Avenue
Dallas, TX 75223
attomey@angelmatalaw.com
W
David Chase LanCarte
Order on Defi's No-Evidence Motion for Partial Summary Iudynent PAGE 4
EXHIBIT 4
CAUSE NO. DC— 22-03103
LA ENERGIA NORTENA, LLC, ADRIAN § IN THE DISTRICT COURT
ZAMARRIPA, and HUMBERTO NOVOA, §
§
Plaintiff, §
§ 192ND JUDICIAL DISTRICT
v. §
§
MOISES CUEVAS, JR. §
§ DALLAS COUNTY, TEXAS
Defendant.
ORDER DENYING DEFENDANT’S NO-EVIDENCE MOTION FOR PARTIAL
SUMMARY JUDGMENT
On May 12, 2023, the Court considered the Defendant’s No-Evidence Motion for Partial
Summary Judgment. Afier considering the motion. The Court finds that the motion should be
DENIED.
IT lS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Defendant’s
No-Evidence Motion for Partial Summary Judgment is DENIED.
Signed this the '9 day of
M 2023.
on. Charles Stokes, Judge Presiding
Senior Judge Sitting by Assignment
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: 76467615
Filing Code Description: Correspondence - Letter To File
Filing Description: TO JUDGE/DEF REQUESTS/REHEARING DEF NO
EVIDENCE SUMMARY JUDGMENT
Status as of 6/12/2023 11:25 AM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber Email TimestampSubmitted Status
David LanCarte 24082464 chase@lancartelaw.com 6/9/2023 12:51 :25 PM SENT
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT
David N.Calvillo david.calvillo@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT
Angel V.Mata attorney@angelmatalaw.com 6/9/2023 12:51:25 PM SENT
Rosa Reyes rosa.reyes@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 6/9/2023 12:51:25 PM SENT
Estefany Martinez martinez@angelmatalaw.com 6/9/2023 12:51:25 PM SENT
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FILED 6/9/2023 12:51 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS LAN CARTE LAW, PLLdreva Parker-Ayodele DEPUTY ® Create, Inspire, and Let Us Take Care qf the Details." June 9, 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 al v. Cuevas, Case No. DC-22-03103, Defendant’s Request for Rehearing on Defendant’s No-Evidence Motion for Partial Summary Judgment Dear Judge Aceves: I am the attorney of record for Defendant Moises Cuevas Jr. in the above referenced case. On May 12, 2023, the Court heard Defendant’s No-Evidence Motion for Partial Summary Judgment with Visiting Senior Judge Charles Stokes, sitting by assignment. No decision by the Court on Defendant’s said Motion was entered or given by Judge Stokes at the time of hearing. Instead, at the conclusion of the hearing, Judge Stokes informed the parties that he would issue his ruling after the hearing. Thereafler, on May 12, 2023, the Court Coordinator Veronica Vaughn sent an email to all parties to state, “The Court has denied the No Evidence Motion for Partial Summary Judgment.” However, the Court did not issue or sign any Order that day on Defendant’s No-Evidence Motion for Partial Summary Judgment. A copy of such email is attached as Exhibit 1 of this letter. Recently, I received via U.S. mail a Notice of Judgment from the Clerk’s Oflice dated May 24, 2023, informing me that a Judgment had been entered on May 15, 2023. A copy of this notice is attached as Exhibit 2 of this letter. The Clerk also sent a copy of this Notice to Plaintifi‘s’ counsel on May 27, 2023. See Exhibit 2. Upon receiving this Notice, I checked the Court’s Records as I had not been informed that a Judgment had been entered on May 15, 2023. Upon checking the Court’s Records, I found that the Court GRANTED Defendant’s No- Evidence Motion for Partial Summary Judgment on May 15, 2023. A copy of the signed and filed Judgment and Order dated May 15, 2023 is attached as Exhibit 3 of this letter. A copy of this signed and filed Judgment Granting Defendant’s No-Evidence Motion for Partial Summary 2817 West End Avenue, Suite 126-276, Nashville, TN 37203 chase@lancartelaw.com 0 615-850-7990 0 www.1ancartelaw.com Page 2 Judgment was never circulated to the panics. Therefore, I was not aware that such order had been entered. Additionally, on May 16, 2023, Judge Stokes signed another order DENYING Defendant’s No-Evidence Motion for Partial Summary Judgment. A copy of such order is attached as Exhibit 4 of this letter. But the Court never vacated its prior order, which had first GRANTED Defendant’s No-Evidence Motion for Partial Summary Judgment. I further note that based on the Court’s first order GRANTING Defendant’s No- Evidence Motion for Partial Summary Judgment, the Court has closed the present action. Given that the Court has issued two conflicting Orders on Defendant’s No-Evidence Motion for Partial Summary Judgment and that Defendant’s said motion was heard by visiting Judge Stokes, Defendant respectfully requests a rehearing on Defendant’s No-Evidence Motion for Partial Summary Judgment. The case law cited and objections raised by Defendant Cuevas shows and proves that Plaintifi‘s have presented no-evidence to support their claims and causes of action against Defendant Cuevas. Therefore, Defendant requests the opportunity for your Honor to re-hear Defendant’s said motion and decide the matter. Respectfully Submitted, AVID éHASE‘fAN TE Texas Bar No. 240824 chase@lancartelaw.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 Enclosure: Exhibits 1-4 Page 3 CERTIFICATE OF SERVICE 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 June 9, 2023. David N. Calvillo TX State Bar No. 03673000 1200 Smith Street, Suite 1400 Houston, ”IX 77002 david.calvillo@chamberlainlaw.com Angel V. Mata TX State Bar No. 24063940 512 S. Fitzhugh Avenue Dallas, TX 75223 attomey@angelmatalaw.com Davicyéhase LanCane\ EXHIBIT 1 From: Veronica Vaughn Veronica.Vaughn@dallascounty.org y Subiect: DC-22-3103 La Energia Nortena, LLC, et al vs Moises Cuevas Date: May 12, 2023 at 3:04 PM To: Chase LanCarte chase@lancartelaw.com Cc: marcus@colanerifirm.com marcus@colanerifirm.com, Kennedy, Debbie Debbie.Kennedy@chamberlainlaw.com, david.ca|vi|lo@chamberlainlaw.com, Rochna, Judy Judy.Rochna@chamberlainlaw.com, lauren.herrera@chamberlainlaw.com, Huereca, Armando A. Armando.Huereca@chamberlainlaw.com, attorney@angelmatalawcom, Mark Marsden marcus@colanerifirm.com, martinez@angelmatalaw.com A11, The Court has denied the No Evidence Motion for Partial Summary Judgment. Veronica Vaughn 192ml Court Administrator 600 Commerce Street Suite 710B Dallas, Texas 75202 214-653-7709 VeronicaVaughn@DallasCounty.org Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. Defendant‘s No Eviden...ent.pdf EXHIBIT 2 FELICIA PITRE DISTRICT CLERK DALLAS COUNTY 600 COMMERCE, IST FLOOR DALLAS, TEXAS 75202-4606 May 24, 2023 DAVID CHASE LANCARTE LAN CARTE LAW PLLC 2817 WEST END AVE SUITE 126-276 NASHVILLE TN 37203 NOTICE OF JUDGMENT CAUSE NO. DC-22-03103 La Energia Nortena, Llc In the District Court Plaintifl(s), V‘ Of Dallas County, Texas Moises Cuevas Defendant(s) _ _ 192nd Dlstrlct Court TO WHOM IT MAY CONCERN: In accordance with the provisions of Rule 306(a)(3) of the Texas Rules of Civil Procedure, you are hereby notified that a Judgment has been entered in the above-referenced matter. The judgment was signed on 05/15/2023. If you are an individual (not a company), your money or property may be protected from being taken to pay this judgment. Find out more by visiting wwwtexaslawhelp.org/exempt—propertv. (Si usted es una persona fisica (y no una compania), su dinero 0 propiedad pudz'eran estar protegidos de ser embargados como pago de esta deuda decretada en juicio en contra suya. Obtenga mayor informacién visitando el sitio www. texaslawhelp. org/exempt-property.) Respectfully, Felicia Pitre, District Clerk ‘AQ & flag; We: ‘5 EXHIBIT 2 FELICIA PITRE DISTRICT CLERK DALLAS COUNTY 600 COMMERCE, IST FLOOR DALLAS, TEXAS 75202-4606 May 27, 2023 DAVID NEAL CALVILLO THE LAWOFFICE OF ANGEL MATA 5 12 S FITZHUGH AVENUE DALLAS TX 75223 NOTICE OF JUDGMENT CAUSE NO. DC-22-03103 La Energia Nortena, Llc In the District Court Plaintifl(s), V‘ of Dallas County, Texas Moises Cuevas Defendant(s) _ _ 192nd Dlstrlct Court TO WHOM IT MAY CONCERN: In accordance with the provisions of Rule 306(a)(3) of the Texas Rules of Civil Procedure, you are hereby notified that a Judgment has been entered in the above-referenced matter. The judgment was signed on 05/15/2023. If you are an individual (not a company), your money or property may be protected from being taken to pay this judgment. Find out more by visiting wwwtexaslawhelp.org/exempt—propertv. (Si usted es una persona fisica (y no una compania), su dinero 0 propiedad pudz'eran estar protegidos de ser embargados como pago de esta deuda decretada en juicio en contra suya. Obtenga mayor informacién visitando el sitio www. texaslawhelp. org/exempt-property.) Respectfully, I Felicia Pitre, District Clerk 233% EXHIBIT 3 CAUSE NO. DC-22-03103 LA ENERGIA NORTENA, LLC, § IN THE DISTRICT COURT ADRIAN ZAMARRIPA, and § HUMBERTO NOVOA, § Plaintifllv, § § vs. § 192”“ J UDICML DISTRICT § MOISES CUEVAS, JR. § Defendant § DALLAS COUNTY, TEXAS ORDER 0N DEFENDANT ’S NO-EVIDENCE MOTION FOR PARTIAL SUMlVIARY JUDGIVIENT On this day came to be heard Defendant’s No-Evidence Motion for Partial Summary Judgnent. Afier 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 filrther 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 testfrom T.B. Harms Co. 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 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 $68,420.00 in reasonable and necessary attorney’s fees. Post judgment interest shall apply to such amount awarded at a rate of 5%, compounded annually, from the date this judgment is entered until such amount is paid in full. Accordingly, the Court ORDERS that Plaintiffs 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 Def. ‘s Nu-Evidence Mofion for Partial Summary Judgnent PAGE l With regards to Plaintiffs 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 dated February 27, 2023 on the Court’s Reconsideration of the Court’s Order Granting Defendant’s Motion to Stay. Signedon M02}? ‘6 ,2023. JUDGE PRESIDING Senior Judge Charles Stokes Order on Dcfi's No-Evidcnce Motion for Partial Summary Judgment PAGE 2 Respectfully Submitted for Entry by: W5? DAVID CHASE LANCARTE Texas Bar No. 24082464 chase@lancartelaw.com La'nCarte Law, PLLC 2817 West End Ave, Suite 126-276 Nashville, Tennessee 37203 Tel: 214-935-2430 Fax: 214-934-2450 Isl Marcus C. Marsden, Jr. MARCUS C. MARSDEN, JR. State Bar No. 13014200 marcus@colanerifinn.com THE COLANERI FIRM, PC. 524 E. Lamar Blvd., Suite 280 Arlington, Texas 76011 Tel: 817-640-1588 Fax: 817-640-1680 ATTORNEYS FOR DEFENDANT I Order on Defi's No-Evidencc 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 May 12, 2023. David N. Calvillo TX State Bar No. 03673000 1200 Smith Street, Suite 1400 Houston, TX 77002 david.calvillo@chamber1ain1aw.com Angel V. Mata TX State Bar No. 24063940 512 S. Fitzhugh Avenue Dallas, TX 75223 attomey@angelmatalaw.com W David Chase LanCarte Order on Defi's No-Evidence Motion for Partial Summary Iudynent PAGE 4 EXHIBIT 4 CAUSE NO. DC— 22-03103 LA ENERGIA NORTENA, LLC, ADRIAN § IN THE DISTRICT COURT ZAMARRIPA, and HUMBERTO NOVOA, § § Plaintiff, § § 192ND JUDICIAL DISTRICT v. § § MOISES CUEVAS, JR. § § DALLAS COUNTY, TEXAS Defendant. ORDER DENYING DEFENDANT’S NO-EVIDENCE MOTION FOR PARTIAL SUMMARY JUDGMENT On May 12, 2023, the Court considered the Defendant’s No-Evidence Motion for Partial Summary Judgment. Afier considering the motion. The Court finds that the motion should be DENIED. IT lS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Defendant’s No-Evidence Motion for Partial Summary Judgment is DENIED. Signed this the '9 day of M 2023. on. Charles Stokes, Judge Presiding Senior Judge Sitting by Assignment 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: 76467615 Filing Code Description: Correspondence - Letter To File Filing Description: TO JUDGE/DEF REQUESTS/REHEARING DEF NO EVIDENCE SUMMARY JUDGMENT Status as of 6/12/2023 11:25 AM CST Associated Case Party: MOISES CUEVAS Name BarNumber Email TimestampSubmitted Status David LanCarte 24082464 chase@lancartelaw.com 6/9/2023 12:51 :25 PM SENT Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT David N.Calvillo david.calvillo@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT Judy Rochna judy.rochna@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT Armando Huereca armando.huereca@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT Angel V.Mata attorney@angelmatalaw.com 6/9/2023 12:51:25 PM SENT Rosa Reyes rosa.reyes@chamberlainlaw.com 6/9/2023 12:51:25 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 6/9/2023 12:51:25 PM SENT Estefany Martinez martinez@angelmatalaw.com 6/9/2023 12:51:25 PM SENT