Johnston v. One America Productions, Inc. et al - 18

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Johnston v. One America Productions, Inc. et al Doc. 18 Case 2:07-cv-00042-WAP-EMB Document 18 Filed 08/22/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION ELLEN JOHNSTON, VS. ONE AMERICA PRODUCTIONS, INC.; TWENTIETH-CENTURY FOX FILM CORPORATION; JOHN DOES 1 AND 2, ORDER In accordance with a Memorandum Opinion issued this day, IT IS ORDERED AND ADJUDGED that: (1) The defendants’ motion to strike [14] the plaintiff’s exhibits to their response to the defendants’ motion to dismiss is hereby GRANTED; thus, (2) The court has stricken said exhibits from its consideration of the defendants’ motion to dismiss; (3) The defendants’ motion to dismiss [7] the plaintiff’s claims for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED IN PART AND DENIED IN PART; specifically, (4) The motion to dismiss is granted regarding the plaintiff’s invasion of privacy claims premised upon intrusion upon seclusion and disclosure of private facts, therefore those claims are DISMISSED WITH PREJUDICE; and PLAINTIFF, CIVIL ACTION NO. 2:07CV042-P-B DEFENDANTS. 1 Dockets.Justia.com Case 2:07-cv-00042-WAP-EMB Document 18 Filed 08/22/2007 Page 2 of 2 (5) The motion to dismiss is denied regarding the plaintiff’s invasion of privacy claim premised upon misappropriation of likeness for commercial gain and false light as well as her gross negligence claim. SO ORDERED this the 22nd day of August, A.D., 2007. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE 2

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