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COUNTY OF HINDS
WHEREAS, there is now a pending claim for damages styled Cheryl Matory, et al.
v. Hinds County Sheriff Victor Mason, et al., under Civil Action No.: 3:16-cv-989-TSL-
RHW, pending in the U.S. District Court for the Southern District of Mississippi;
Northern Division:
WHEREAS, while denying and protesting any liability in the premises, an offer
of compromise has been made for economic reasons on the part of the Defendants in the
above-styled and numbered cause, said Defendants being more particularly described
as "Releasees" hereinafter, and Plaintiff Tomeca Barnes, more particularly described as
"Releasor" hereinafter, is desirous of accepting said compromise settlement and
granting a full and final release unto Releasees:
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and settled. The undersigned and her attorney also agree to hold in trust an amount
from the settlement proceeds which is sufficient to pay any and all liens and/ or
subrogated claims. Moreover, the undersigned expressly agrees to defend and
indemnify the Releasees from any claims made against them by any persons or entities
having a lien and/or a subrogated claim.
7. LIENS: It is further expressly agreed that any and all unpaid liens and
unpaid subrogated claims, including but not limited to: (1) the liens and subrogated
claims of any and all medical providers, clinics, ambulances, doctors, hospitals,
chiropractors, psychologists, and/ or physical therapists; (2) any Medicare and/ or
Medicaid liens; (3) any workers' compensation liens; (4) the liens of any previous
attorneys for the undersigned; and (5) any liens or subrogated claims possessed by any
insurance carrier are the sole liability and responsibility of the Releasor. The
undersigned and her attorney also agree to hold in trust an amount from the settlement
proceeds which is sufficient to pay any and all liens and/or subrogated claims.
Moreover, the undersigned expressly agrees to defend and indemnify the Releasees
from any claims made against them by any persons or entities having a lien and/ or a
subrogated claim.
11. ENTIRE AGREEMENT: This release and the agreement herein contained
constitute the entire agreement between the parties, the terms of which are contractual
and not mere recitals, and Releasor acknowledges that she has read the foregoing
release and agreement and knows the contents thereof and has signed the same of her
own free act and deed and that she did so with the lawful authority of the premises.
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THIS IS A FULL AND COMPLETE RELEASE OF ANY AND ALL CLAIMS OR
DAMAGES, OF EVERY KIND AND NATURE, WITH REGARD TO INJURIES AND
DAMAGES SUSTAINED BY RELEASOR AS A RESULT OF HER EMPLOYMENT
WITH RELEASEE, AND THE EVENTS LEADING UP TO, DURING AND
HAPPENING SUBSEQUENT TO THE SAME INSOFAR AS IT PERTAINS TO THOSE
RELEASED HEREIN AND SHALL CONSTITUTE AN ABSOLUTE RELEASE,
ACCORD, AND SATISFACTION OF ANY CLAIMS THAT THE UNDERSIGNED
MAY HAVE AGAINST ANY AND ALL PARTIES RELEASED HEREIN.
TOMECA BARNES
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STATE OF MISSISSIPPI
COUNTY OF HINDS
Personally appeared before me, the undersigned authority in and for said county
and state, TOMECA BARNES, who after being duly sworn, stated on oath that the
matters and facts set out in the above and foregoing Agreement and Release are true
and correct as therein stated
TOMECA BARNE
Sworn to and subscribed before me, this the 11 --) day of 2019.
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ATTORNEY'S CERTIFICATE
and Release with the Releasor, has explained the terms and conditions and
ramifications in full, and certifies that the Releasor knows the contents of this release
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CHERYL MATORY
TOMECA BARNES PLAINTIFFS
This day this cause came on to be heard on a joint ore tenus motion of Plaintiffs
Cheryl Matory, Tomeca Barnes and Defendants Sheriff Victor Mason and Hinds
County, Mississippi, that this matter be dismissed with prejudice and the Court, having
considered the same, and it being made known to the Court that all parties are in
AGREED:
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LISA M. ROSS, ESQ. (MSB #9755)
P.O. Box 11264
Jackson, MS 39283-1264
Tel: (601) 981-7900
Email: lross©lmrossatlaw.com
Attorney for Plaintiff
WILLIAM R. ALLEN, ESQ. (MSB # 100541)
JESSICA S. MALONE (MSB #102826)
KATELYN A. RILEY (MSB #105115)
Allen, Allen, Breeland & Allen, PLLC
214 Justice Street
P. 0. Box 751
Brookhaven, MS 39602-0751
Tel. 601-833-4361
Fax 601-833-6647
Email: wallen@aabalegal.com
Email: jmalone@aabalegal.com
Email: kriley@aabalegal.com
Attorneys for Defendants