CAUSE NO. DC-22-03103
`
`IN THE DISTRICT COURT
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`192% JUDICIAL DISTRICT
`
`DALLAS COUNTY, TEXAS
`
`§
`§
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`§ §
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`§
`§
`§
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`LA ENERGIA NORTENA,LLC,
`ADRIAN ZAMARRIPA,and
`HUMBERTO NOVOA
`
`VS.
`
`MOISES CUEVAS, JR.
`
`ORDER ON
`DEFENDANT MOISES CUEVAS,JR.’S 91a 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
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`on March 14, 2022, the Court GRANTS Defendant Moises Cuevas, Jr.’s Motion to Dismiss
`
`Plaintiffs’ Claim for Declaratory Relief.
`
`The Court FINDSthat in paragraph 22 of Plaintiff's First Amended Petition, Plaintiffs
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`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:
`
`declaring that all rights to copyrights in the ten
`(i)
`albumsbelongs 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
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`
`
`IN THE DISTRICT COURT
`
`192% JUDICIAL DISTRICT
`
`DALLAS COUNTY, TEXAS
`
`§
`§
`
`§ §
`
`§
`§
`§
`
`LA ENERGIA NORTENA,LLC,
`ADRIAN ZAMARRIPA,and
`HUMBERTO NOVOA
`
`VS.
`
`MOISES CUEVAS, JR.
`
`ORDER ON
`DEFENDANT MOISES CUEVAS,JR.’S 91a 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 FINDSthat 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:
`
`declaring that all rights to copyrights in the ten
`(i)
`albumsbelongs 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
`
`
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`The Court FINDS that 17 U.S.C. § 106 codifies the exclusive rights granted to an owner
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`of a copyright.
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`The Court FINDSthat pursuant to 17 U.S.C. § 201, the ownership in a copyright initially
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`vests in the author(s).
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`The Court FINDSthat pursuant to 17 U.S.C. § 204, the grant or transfer of an interest in a
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`copyright can only be conveyed in writing signed by the ownerofthe rights conveyed.
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`The Court FINDS that Plaintiffs have pled and alleged facts in Plaintiff's First Amended
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`Petition that “...Azteca Records is the rightful owner of the album copyrights” and “Defendant
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`Cuevas...ma[de] claims of ownership and authorship of the albums where he hasno right to claim
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`copyrights.”
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`The Court FINDS that Plaintiffs did not plead or allege any necessary facts in Plaintiffs
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`First Amended Petition that rely on the existence of a written contract or written agreement
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`granting copyright ownership to enable this Court to rule solely on the issue of copyright
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`ownership as a matter of state contract law.
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`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
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`U.S.C. § 1338(a), only a federal district court “...shall have original jurisdiction of any civil action
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`arising under any Act of Congressrelating to...copyrights.”
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`Accordingly,
`
`the Court FINDS that
`
`it
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`lacks subject matter jurisdiction to provide
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`declaratory relief on the ownership of copyrights of the sound recordings in question because the
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`authorship of such worksis disputed.
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`The Court ORDERSthat Plaintiffs’ request for declaratory judgment on the copyright
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`rights question (including but not limited to question of ownership of such copyrights) is dismissed
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`Order on Def.’s 91a Motion to Dismiss
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`PAGE 2
`
`
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`with prejudice.
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`The Court FINDS that Defendant Cuevasis entitled to reimbursement of his reasonable
`
`and necessary attorney’s fees and costs, amountingto:
`
`The Court ORDERSthat Plaintiffs’ amend their petition to delete Plaintiffs’ claim for
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`declaratory judgment regarding the sound recording copyrights rights in question;
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`The Court ORDERSthat Plaintiffs reimburse Defendant Cuevas for his reasonable and
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`necessary attorneys fees and costs within five (5) days of this ORDER.
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`Signed on
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`, 2022.
`
`
`
`JUDGE PRESIDING
`
`Order on Def.’s 91a Motion to Dismiss
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`PAGE 3
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`
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`ENTRY REQUESTEDBY:
`
`
`hy
`
`DAVID CHASE LANCARTE
`Texas Bar No. 24082464
`chase@lancartelaw.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.
`MARCUSC. MARSDEN,JR.
`State Bar No. 13014200
`
`marcus@colanerifirm.com
`THE COLANERIFIRM,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 herebycertify that I have forwardeda 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
`Attorneyfor PlaintiffLa Energia Nortena, LLC & PlaintiffAdrian Zamarripa
`
`Angel V. Mata
`TX State Bar No. 24063940
`512 S. Fitzhugh Avenue
`Dallas, TX 75223
`attorney@angelmatalaw.com
`Attorneyfor PlaintiffHumberto Novoa
`
`he
`
`
`
`David Chase LanCarte
`
`Order on Def.’s 91a Motion to Dismiss
`
`PAGE 5
`
`
`
`Automated Certificate of eService
`This automatedcertificate of service was created bythe efiling system. The filer served this
`document via email generated by the efiling system on the date and to the personslisted below.
`The rules governing certificates of service have not changed. Filers muststill 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
`
`David LanCarte
`
`24082464
`
`chase@lancartelaw.com
`
`TimestampSubmitted
`7/26/2022 12:56:13 PM
`
`Status
`
`SENT
`
`
`
`Automated Certificate of eService
`This automatedcertificate of service was created bythe efiling system. The filer served this
`document via email generated by the efiling system on the date and to the personslisted below.
`The rules governing certificates of service have not changed. Filers muststill 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
`
`
`Debbie Kennedy
`David N.Calvillo
`Judy Rochna
`Lauren Herrera
`Armando Huereca
`Angel V.Mata
`
`debbie.kennedy@chamberlainlaw.com
`david.calvillo@chamberlainlaw.com
`judy .rochna@chamberlainlaw.com
`lauren.herrera@chamberlainilaw.com
`armando.huereca@chamberlainlaw.com
`attorney@angelmatalaw.com
`
`TimestampSubmitted
`
`7/26/2022 12:56:13 PM
`7/26/2022 12:56:13 PM
`7/26/2022 12:56:13 PM
`7/26/2022 12:56:13 PM
`7/26/2022 12:56:13 PM
`7/26/2022 12:56:13 PM
`
`Status
`
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`
`
`
`Automated Certificate of eService
`This automatedcertificate of service was created bythe efiling system. The filer served this
`document via email generated by the efiling system on the date and to the personslisted below.
`The rules governing certificates of service have not changed. Filers muststill 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
`
`
`Marcus C. Marsden
`Estefany Martinez
`
`13014200
`
`marcus@colanerifirm.com
`martinez@angelmatalaw.com
`
`TimestampSubmitted
`7/26/2022 12:56:13 PM
`7/26/2022 12:56:13 PM
`
`Status
`
`SENT
`
`SENT
`
`
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