BMI and four publishers sue Small Town Daiquiris in Clinton, Louisiana over four songs

What was filed

Broadcast Music, Inc. v. Small Town Daiquiris, LLC, No. 3:26-cv-01206 (M.D. La.), was filed October 23, 2026 and is assigned to Judge John W. deGravelles and referred to Magistrate Judge Richard L. Bourgeois Jr. The plaintiffs are Broadcast Music, Inc., as agent for Broadcast Music, LLC; Sony/ATV Songs LLC, doing business as Sony/ATV Tree Publishing; Post Oak Publishing; EMI Blackwood Music Inc.; and All Clear Music LLC, doing business as Sheltered At Home Music. The defendants are Small Town Daiquiris, LLC and its members Dana J. Tucker and Stacey Lawrence. The complaint is signed by Mark A. Balkin and also lists Joseph C. Chautin, III, both of Hardy, Carey, Chautin & Balkin, LLP in Mandeville, Louisiana. It pleads jurisdiction under 28 U.S.C. 1338(a) and venue under 28 U.S.C. 1400(a).

What the complaint alleges

The complaint states that its allegations are made on knowledge as to the plaintiffs and otherwise on information and belief. It says BMI, as agent for Broadcast Music, LLC, has been granted the right to license the public performance rights in 22.4 million copyrighted musical compositions, and that the other plaintiffs own the copyrights at issue. It alleges, on information and belief, that the LLC operates Small Town Daiquiris in Clinton, Louisiana and that the two members are responsible for its operation and management, with the right and ability to supervise and a direct financial interest. It says BMI contacted the defendants more than 40 times since July 2025 by phone, mail and email, including cease and desist notices.

The attached schedule lists four claims, each with a performance date of August 14, 2026: Here's A Quarter (Call Someone Who Cares) by Travis Tritt, Reg. No. PA 527-809; I Think I'll Just Stay Here And Drink by Merle Haggard, Reg. No. PA 90-525; Mama Tried by Merle Haggard, Reg. Nos. Eu 58456 and Ep 259181; and Goodbye Earl by Dennis Linde, Reg. No. PA 969-189. The plaintiffs plead four claims of willful copyright infringement against all defendants.

Relief sought

The plaintiffs ask for an injunction under 17 U.S.C. 502, statutory damages under 17 U.S.C. 504(c), and costs and a reasonable attorney's fee under 17 U.S.C. 505.