Case 3:14-cv-00841-HTW-LRA Document 11 Filed 05/27/15 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
BROADCAST MUSIC, INC.;

et al.

v.

PLAINTIFFS

CIVIL ACTION NO. 3:14cv841-HTW-LRA

CHEROKEE INN ENTERPRISES, LTD

d/b/a CHEROKEE DRIVE INN;
and HAYES MCMILLAN, individually,

DEFENDANTS

PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AND

FOR COSTS AND FOR EXPEDITED HEARING
COME NOW PLAINTIFFS, by and through their attorneys of record herein, and file this
their Motion to Enforce Settlement and for Costs and for Expedited Hearing as to Cherokee Inn
Enterprises, LTD, d/b/a Cherokee Drive Inn and Hayes McMillan, individually, (hereafter
collectively the Defendants) and would show unto the Court the following:
1.
As admitted by the Defendants in a telephonic status conference with Magistrate Judge
Linda R. Anderson on March 26, 2015, a settlement was reached between the parties.
2.
However, Defendants have since refused to consummate the settlement agreement despite
their acknowledgment that a settlement occurred, and Plaintiffs have exhausted all efforts to
consummate the settlement.
3.
There is no legitimate reason for further delay in concluding the settlement agreement
between the parties, and this Motion should be granted as there was a meeting of minds between
the parties.

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4.
This Court has jurisdiction to enforce this settlement agreement. Where a party has
knowingly and voluntarily agreed to settle his claims and no change of circumstances warrants
repudiation of the settlement, the courts will enforce the settlement agreement. Kazery, 998
F.Supp. at 707 (citing Bell v. Schexnayder, 36 F.3d 447, 449 (5th Cir. 1994) (internal citations
omitted)).
5.
Plaintiffs have incurred unnecessary expenses in reliance upon said settlement agreement,
including the unnecessary and needless legal expenses of filing this Motion.
6.
Accordingly, the Plaintiffs respectfully request that this Court enter an Order enforcing the
Settlement and order Cherokee Inn Enterprises, LTD, d/b/a Cherokee Drive Inn, and Hayes
McMillan, individually, to sign and execute all settlement documents and fully comply with its
terms. Plaintiffs ask this Court to assess, sanction and award attorneys fees against Cherokee Inn
Enterprises, LTD, d/b/a Cherokee Drive Inn, and Hayes McMillan, individually, with any and all
costs of court, attorney fees and travel expenses incurred by Plaintiffs for Defendants refusal to
consummate settlement in this matter.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs requests that this Court enter an
Order enforcing the Settlement and order Cherokee Inn Enterprises, LTD, d/b/a Cherokee Drive
Inn, and Hayes McMillan, individually, to sign and execute all settlement documents and fully
comply with its terms. Plaintiffs ask this Court to assess, sanction and award attorneys fees against
Cherokee Inn Enterprises, LTD, d/b/a Cherokee Drive Inn, and Hayes McMillan, individually,
with any and all costs of court, attorney fees and travel expenses incurred by Plaintiffs for

Case 3:14-cv-00841-HTW-LRA Document 11 Filed 05/27/15 Page 3 of 3

Defendants refusal to consummate settlement in this matter. Plaintiffs ask that his matter be
expedited. Plaintiffs also pray for such other relief as the Court deems necessary and proper.
This the 27th day of May, 2015.
By: /s/ Timothy J. Sterling
CHARLES G. COPELAND (MSB#6516)
TIMOTHY J. STERLING (MSB#103063)
Of Counsel:
COPELAND, COOK, TAYLOR AND BUSH, P.A.
600 Concourse, Suite 100
1076 Highland Colony Parkway (39157)
Post Office Box 6020
Ridgeland, Mississippi 39158
Telephone No.: (601) 856-7200
Facsimile No.: (601) 856-7626
gcopeland@cctb.com
tsterling@cctb.com
CERTIFICATE OF SERVICE
I, Timothy J. Sterling, do hereby certify that I have this day electronically filed the foregoing
with the Clerk of the Court using the ECF system which sent notification of such filing, to the
following:
Walker W. Jones, III.
D. Sterline Kidd
BAKER, DONELSON, BEARMAN,
CLADWELL & BERKOWITZ, PC
P.O. Box 14167
Jackson, Ms 39236-4167
wjones@bakerdonelson.com
skid@bakerdonelson.com
This the 27th day of May, 2015.
/s/ Timothy J. Sterling
TIMOTHY J. STERLING (MSB#103063)