Jennifer Lopez, Jennifer Lopez as CEO of Jennifer Lopez Enterprises, Nuyorican Productions, Inc., Bodega Pictures LLC; Al Roker, Al Roker Entertainment, Inc., Eugene "Tat-2 the Bounty Hunter" Thacker, Hook' Em and Book' Em Elite Fugitive Recovery, Viacom Media Networks, Spike Tv, Abc Distributors (1-X)(said Names Being Fictitious, Real Names Unknown); Def Creators (I-X)(said Names Being Fictitious, Real Names Unknown); John Doe Producers (I-X)(said Names Being Fictitious, Real Names Unknown); Abc Production Companys (1-X)(said Names Being Fictitious, Real Names Unknown); Abc and Xyz Insurance Companys (1-X)(said Names Bein Fictitious, Real Names Unknown)

EVERETTE DRAUGHN NO. 24-C-328

VERSUS FIFTH CIRCUIT

JENNIFER LOPEZ, ET AL. COURT OF APPEAL

STATE OF LOUISIANA

December 03, 2024

Linda Wiseman
First Deputy Clerk

IN RE EVERETTE DRAUGHN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE RAYMOND S.
STEIB, JR., DIVISION "A", NUMBER 821-305

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Relator, Everette Draughn, seeks review of the trial court’s June 27, 2024

judgment that sustained a declinatory exception of improper venue filed by

Respondents, Jennifer Lopez as CEO of Jennifer Lopez Enterprises, Nuyorican

Productions, Inc., Bodega Pictures, Inc., Al Roker, Al Roker Entertainment, Inc.,

and Viacom International, Inc. For the following reasons, we deny Mr. Draughn’s

writ application.

In their exception, Respondents argued that the forum selection clause in the

“Individual Release” for the television series “Big Easy Justice” required Mr.

Draughn to file his action in New York County. They contended that in Draughn v.

Thacker, 17-337 (La. App. 5 Cir. 9/8/17)(unpublished writ disposition), in

consideration of an exception of improper venue in district court number 718-982,

this Court determined that the forum selection clause was valid and enforceable;

thus, the trial court properly sustained their exception in that case and the current

24-C-328

matter. In opposition, Mr. Draughn argued that Jefferson Parish is the proper venue

because this is where the harm occurred. He asserted that this Court’s prior ruling

is not law of the case because it was an interlocutory judgment and did not address

the merits of his duress and fraud claims. He further argued that Respondents

deliberately misrepresented this Court’s ruling to the court in New York. The trial

court, in its oral reasons for judgment, found that Jefferson Parish is not the proper

forum because Mr. Draughn waived venue in Jefferson Parish by filing a lawsuit in

New York.

Venue is a question of law, which is reviewed de novo by the appellate court.

Ameriprint, LLC v. Canon Sols. Am., Inc., 21-94, p. 3 (La. App. 5 Cir. 5/24/21),

2021WL2093283. Evidence may be presented at a hearing on a declinatory

exception. Id., citing La. C.C.P. art. 930. If evidence is admitted at a hearing on a

declinatory exception, the exception must be resolved on the evidence presented,

rather than on the allegations in the petition. Id. For purposes of a venue exception,

the allegations of the plaintiff’s petition are taken as true; however, when evidence

is offered at a trial on the exception, the court is not bound to accept the allegations

of the petition as true. Id.

In this matter, Mr. Draughn’s attorney offered “the entire court record into the

record of [that] hearing.” Thus, this Court is not bound to accept the allegations of

the petition as true.

In Thacker, supra, Mr. Draughn acknowledged that he signed the written

release containing the forum selection clause. However, he claimed that his consent

to the release, including the forum selection clause, was obtained through fraud or

duress. After considering all of the evidence presented, this Court concluded that

the evidence presented did not establish that Mr. Draughn was under duress when

he signed the release, that his consent was obtained through fraud or overreaching,

or that the inclusion of the forum selection clause in the written release was the

2

product of fraud or coercion. It was found that Mr. Draughn failed to meet his heavy

burden of proving that the forum selection clause was unenforceable.

After reviewing the evidence presented for consideration, we, again, conclude

that Mr. Draughn has failed to meet his burden of proving that the forum selection

clause is unenforceable. We adopt the rationale stated in Thacker and find that the

trial court did not err in sustaining Respondents exception of improper venue.

Accordingly, the writ application is denied.

Gretna, Louisiana, this 3rd day of December, 2024.

MEJ
TSM

3

EVERETTE DRAUGHN NO. 24-C-328

VERSUS FIFTH CIRCUIT

JENNIFER LOPEZ, ET AL. COURT OF APPEAL

STATE OF LOUISIANA

SCHLEGEL, J., CONCURS IN PART AND DISSENTS IN PART
WITH REASONS
I concur with the majority’s decision to deny the writ application. However,
I would grant the respondents’ request for sanctions under La. C.C.P. art. 2164 for
filing a frivolous writ application.
SUS

24-C-328

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 12/03/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-C-328
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Raymond S. Steib, Jr. (DISTRICT JUDGE)
Loretta G. Mince (Respondent)
Molly L. Wells (Respondent)

MAILED
Ferdinand F. Valteau, III (Relator)
Attorney at Law
237 Main Street
New Iberia, LA 70560