Johnston v. One America Productions, Inc. et al

Filing 7

Attachment 1
MOTION to Dismiss for Failure to State a Claim by One America Productions, Inc., Twentieth Century-Fox Film Corporation. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4) (Henegan, John)

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'', Johnston v. One America Productions, Inc. et al Doc. 7 Att. 1 Case 2:07-cv-00042-WAP-EMB Document 7-2 Filed 06/20/2007 Page 1 of 3 r r.; rt IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION ELLEN JOHNSTON i t;; . iF'" ff' L.i ONE AMERICA PRODUCTIONS , INC. EVERYMAN PICTURES , TWENTIETH CENTURY- FOX FILM CORPORATION AND JOHN DOES 1 AND 2 DEFENDANTS COMPLAINT COMES NOW Plaintiff, Ellen Johnston, by and though counsel, Wiliam O. Luckett, Jr. of Luckett Tyner Law Finn, P . following: , and files and seres this her Complaint for damages and states the The Plaintiff Ellen Johnston, is an adult resident citizen of Coahoma County, Mississippi. Her residential address is 121 Ritch Street , Clarksdale, Mississippi, 38614. Defendant One America Productions Inc. is a Californa Corporation with a Registered Agent at 421 Beverly Drive, Eighth Floor, Beverly Hils, California, 90212; Defendant Everyan Pictures is a Californa Corporation with a Registered Agent at 1880 Century Park East Suite 1600, Los Angeles, Californa, 90067; and Defendant Twentieth Century-Fox Film Corporation is a Delaware Corporation with a Registered Agent at 10201 West Pico Boulevard , Los Angeles , Californa, 90035. The identity of John Does 1 and 2 are unown at ths time, but they wil be provided when and if they are identified. Borat That venue and jursdiction are proper in their Court that the movie distrbuted nationwide , including distrbution and sales within this distrct. The movie has been Borat has been screened in the Northern Distrct of Mississippi and is now available for purchase on DVD EXHIBIT 1 Case 2:07-cv-00042-WAP-EMB Document 7-2 Filed 06/20/2007 Page 2 of 3 within the Norther District of Mississippi. Defendants invaded Plaintiff s privacy by filming Plaintiff without her consent on July 10 2005 with the full intent of using the footage in the movie Borat and by showing her image on screen. Defendants portayed Plaintiff in a false light in that the movie Borat shows the Plaintiff with her ars raised above her head praising the Lord as Sacha Baron Cohen s character Borat , mocks Plaintiff s religion by addressing the entire group of people on camera and pretending to speak in tongue. Plaintiff did not sign a release to appear in the fim Borat. She was led to believe that Mr. Cohen s camera crew was filming a "religious documentar." Therefore, the film s producers had no authority to show her in the film Borat. The fiming took place in an interor settg where the Plaintiff had an expectation of privacy. Defendants ' gross negligence constituted willful , wanton, and reckless disregard for Ms. Johnston s right to privacy, for its own monetar profit. Defendants should be deterred ffom repeating such egregious acts by imposition of compensatory and puntive damages. WHEREFORE , PREMISES CONSIDERED, Plaintiff seeks compensatory damages in the amount of$100 000. 00 and punitive damages in the amount of$500 000. 00 against Defendants in for damages in this matter. THIS the day of March, 2007 Case 2:07-cv-00042-WAP-EMB Document 7-2 Filed 06/20/2007 Page 3 of 3 Respectfully Submitted ELLEN JOHNSTON Isl Wiliam O. Luckett. Jr. O. LUCKETT, (MSB# 1487) LUCKETT TYNER LAW FIRM, P. 143 Y AZOO AVENU POST OFFICE DRAWER 1000 CLARKSDALE , MISSISSIPPI 38614 (662)624- 2591 (662)627- 5403

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