McCullough v. Owens Enterprises, Inc. et al

Filing 51

AGREED FINAL JUDGMENT: that this cause came on for hearing upon the motion of the parties, ore tenus, to approve a full and final settlement and final judgment and it appearing to the Court that this cause has been compromised and settled and the Cou rt, having considered the same and being fully advised in the premises, finds that said motion is well taken, should be and the same is hereby granted. That the claims, counterclaims and/or cause/causes of action sought to be maintained by Plaintiff and Defendant herein be, and the same is/are hereby dismissed with prejudice. Signed by District Judge Tom S. Lee on 9/18/09 (SEC)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION MICHAEL McCULLOUGH VS. OWENS ENTERPRISES, INC. AND JOHN DOES 1-5 AGREED FINAL JUDGMENT PLAINTIFF CIVIL ACTION NO. 3:07cv527-TSL-JCS DEFENDANTS

This cause came on for hearing upon the motion of the parties, ore tenus, to approve a full and final settlement and final judgment and it appearing to the Court that this cause has been compromised and settled and the Court, having considered the same and being fully advised in the premises, finds that said motion is well taken, should be and the same is hereby granted. IT IS, THEREFORE, ORDERED AND ADJUDGED, as follows: 1. That the copyright owned by Plaintiff Michael McCullough is valid and enforceable; 2. That Defendant Owens Enterprises, Inc., infringed on Plaintiff Michael McCullough's copyright through the manufacture and distribution of tire swings; 3. That in consideration of the terms and conditions of the settlement agreement entered into by and between the parties, Plaintiff Michael McCullough hereby expressly and affirmatively waives any and all damages and injunctive relief to which he may be entitled related to the infringement of his copyright by

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Defendant Owens Enterprises, Inc., provided that Defendant Owens Enterprises, Inc. fully and completely fulfills and performs all the obligations of the settlement agreement; 4. That the claims, counterclaims and/or cause/causes of action sought to be maintained by Plaintiff and Defendant herein be, and the same is/are hereby dismissed with prejudice. 5. This Court shall retain limited jurisdiction over this matter for the purpose of enforcement of the settlement agreement executed by the parties. Each party shall bear its own costs, with the exception of court costs, which shall be borne by Defendant Owens Enterprises, Inc. SO ORDERED AND ADJUDGED, this the 18th day of September, 2009.
/s/Tom S. Lee UNITED STATES DISTRICT JUDGE

AGREED TO AND APPROVED BY: /s/Damon G. Carpenter DAMON G. CARPENTER, Attorney for Plaintiff /s/Brandt G. Howell BRANDT G. HOWELL, Attorney for Defendant
Prepared and submitted by:

WISE CARTER CHILD & CARAWAY, P.A. DAMON G. CARPENTER, ESQ. (MSB #102294) [e-mail] CRANE D. KIPP, ESQ. (MSB #3011) [e-mail] 600 Heritage Building 401 East Capitol Street Post Office Box 651 Jackson, Mississippi 39205 Telephone: [phone] Facsimile: [phone]