The complaint
Penilla v. Cabrera, No. 8:26-cv-03354 (M.D. Fla.), is a six-page pro se form complaint filed November 6, 2026 in the Tampa Division, with a jury demand. Judge Kathryn Kimball Mizelle is assigned. Angelica Penilla, of Tampa, Florida, signed the form on November 6, 2026 and is representing herself. The caption names Diuwers Sanchez Cabrera, also known as Pokercito, as the defendant. The form describes him as an artist of a company named in the filing and as a citizen of Cuba, with an address in Washington, District of Columbia. A summons issued the same day.
The claims
The form checks both federal-question and diversity jurisdiction. For federal-question jurisdiction, it lists 17 U.S.C. § 106, exclusive rights in copyrighted works, and 17 U.S.C. § 501, copyright infringement. It alleges unauthorized use and exploitation of musical and audiovisual works in which Penilla claims ownership of exclusive rights through written contractual assignments, and it also asserts related contractual claims arising from the parties' agreements, subject to supplemental jurisdiction under 28 U.S.C. § 1367. For diversity, it puts the amount in controversy at approximately $160,000, which it says represents the plaintiff's investment in the artist's career, music and audiovisual production, promotion, distribution, and marketing, together with damages and economic losses. The statement-of-claim section of the form refers the court to an attached document, and the docket lists a verified complaint and motion for temporary injunctive relief as an exhibit to the complaint. That attachment is not available.
The prayer
The form asks the court to award monetary damages in an amount to be proven at trial, estimated at approximately $160,000, which it describes as representing investment, damages, and economic losses from the alleged breach of contract and unauthorized use and exploitation of contractual and intellectual property rights; to enter injunctive and equitable relief preventing the defendant from continuing to use, reproduce, distribute, publish, upload, exploit, or otherwise interfere with Penilla's contractual rights, copyrighted works, artist-related materials, and other protected property; to require the removal, restriction, or other appropriate disposition of the disputed YouTube content and any substantially similar unauthorized content, to the extent authorized by applicable law; to award applicable costs and attorneys' fees where authorized by law or contract; and to grant other just and proper relief.