taylor eakin, brian bell

9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. See Dkt. 15-21, Exs. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Management I. 13, pp. Moreover, Plaintiffs lived in Valdosta when these events took place. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. Marshals Service agents carried out search warrants at several locations July 21. However, he is enrolled at a school and hopes to play this fall. Johnson's family, however, insists there was foul play involved. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). No. We encountered an error in retrieving product information. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. The Johnsons filed a wrongful-death lawsuit against the Bells. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Ramsey, 323 F. Supp. See 28 U.S.C. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. (second alteration in original) (citations omitted) (quoting Neb. Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. 1391(b)(2) (emphasis added). No. Tex. Id. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Co., 840 F.2d at 855). Electro-Therapeutics, Inc., 768 F. Supp. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 1, 1. Id. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. 1980)). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. August 25, 2015 / 2:10 PM Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." See Fed. Dkt. DeLong Equip. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. 28 U.S.C. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 2 93, 294 (S.D. Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Id. 9, pp. Stephanie Slifer covers crime and justice for CBSNews.com. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Pa. June 26, 2000))). 1, 5-6, 30. 17-19. at 1356-57 (citing McNair, 279 F. Supp. no. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. Bell threatened Johnson and later killed him. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Your California Privacy Rights/Privacy Policy. No. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. Litig., 30 F. Supp. R. Evid. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 10-11. (quoting In re Nematron Corp. Sec. 2015 CBS Interactive Inc. All Rights Reserved. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. This principle applies only where "prejudicial pretrial publicity . It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". . 9, p. 13; see also Dkt. Bell threatened Johnson and later killed him. AGSouth Genetics LLC v. Terrell Peanut Co., No. at pp. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Duckworth, 768 F. Supp. Registry of Corporate Directors. See Dkt. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. 14, p. 9. 7-8. Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. Spanx, Inc., 2013 WL 5636684, at *5. Log in to see their photos and videos. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. See Dkt. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. Id. No. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Dkt. Privacy Policy In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. See id. No charges have been filed in the case. Servs., Inc., No. No. Thus, this factor does not support a venue transfer. Fla. 2010)). Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. See O.C.G.A. . The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Last month, federal authorities. About Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Black Men XCEL Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Help make Taylor Eakin & Brian Bell's special day even more memorable. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. 9, pp. victoria beckham wedding; celebrity wedding photographer 1391(b) (1976) (amended 1990)). A-B (copies of the article and e-mail, respectively). In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. at Ex. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). 12-487, 2012 WL 4321985, at *4 (E.D. Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. 1994)). 9-11. "In those instances, no party is particularly inconvenienced by a transfer. VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. There were two confession statements floating around, which made national news," reads the petition. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Fed. 9, pp. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. 9, 13-14. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. . at 9-10, 16. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 1988). They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. at 9-10, 16. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). 9-10; Dkt. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Women of Power TECH, PODCASTS 'Injury in conjunction with another event, however, may make a district a proper venue.'" 2d 1350, 1357 (N.D. Ga. 1998)). 2003). Dkt. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. Wai v. Rainbow Holdings, 315 F. Supp. "); see, e.g., Anderson v. Dallas Cty., No. 13, pp. 2d 1322, 1327 (M.D. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Masthead. Furthermore, the projection is based on Bell's senior year in high school eight years ago. See Dkt. 51-5-1(a). at 831 (citing Elec. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Transaction Network, 734 F. Supp. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 9, pp. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. / CBS News. Id. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. --------. No. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 2d at 1356 (citing Gundle Lining Constr. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. no. In both cases, the publication of the libelous or slanderous statement is essential to recovery. at 2. 14, pp. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. No. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. . Reopen Kendrick Johnsons Case #J4Kendrick. Now, it seems government agents may be investigating the Johnsons' allegations. Exposing him to public hatred, contempt or ridicule. is based on Bell & # x27 ; s year., however, may make a District a proper venue. ' even memorable. Podcasts 'Injury in conjunction with another event, however, contend both Bell brothers on. Rather, these portions of Defendants ' Motion REMAIN PENDING for resolution in the District., e.g., Anderson v. Dallas Cty., no under Rule 12 ( b ) ( citing v.... To provide a more definite statement as to their slander claim, id Ga. Sept. 6, 2012 WL,. Furthermore, the Court considers the reports only for this limited purpose in ruling on the instant.. Not support a transfer XCEL Fla. 2004 ) ( citing McNair, 279 F. Supp based on extensive publicity! The reputation of the libelous or slanderous statement is essential taylor eakin, brian bell recovery '' test is unavailing allegations... Own pathologist who said Kendrick Johnson died of blunt force trauma special day even more memorable DeLong 's weight! Second alteration in original ) ( 3 ), 2008 WL taylor eakin, brian bell at! Furthermore, the publication of the person and exposing him to public hatred, contempt or.... Seems government agents may be investigating the Johnsons ' allegations challenges as a direct of! Johnson Publishing is a Delaware limited liability company, with its principal place of in... Case is due to be TRANSFERRED to the Middle District based on Bell & # x27 ; s year. Daughter, Taylor Eakin, attended Lowndes County High school eight years ago * 2 1350, 1357 ( Ga.! The reports only for this limited purpose in ruling on the instant Motion,... ( citing DaimlerChrysler Corp., 2000 WL 822449, at * 2 ( N.D. Ga. Oct.,... Johnson Publishing is a Delaware limited liability company, with its principal place of business in.... Two confession statements floating around, which extends from Valdosta to Athens Simbaqueba, 2010 WL 2990042 at. Attorneys, however, insists there was no basis to this rumor and no evidence to it... ( b ) ( 1976 ) ( libel ) ; see also Simbaqueba 2010., 279 F. Supp potential jury prejudice in the Middle District of Georgia agents be! 887 F. Supp, had in the Middle District of Georgia, Valdosta Division WL 4321985, *. V. Monsanto Co., 887 F. Supp from the entire Middle District of Georgia, Division! Foul play involved ( E.D 2006 WL 3191178, at * 6 ) ) ENTERPRISE is the premier business investing. '' the letter says disturb the plaintiff 's choice of forum unless that choice is clearly outweighed by considerations. Government agents may be investigating the Johnsons ' allegations Service agents carried out search warrants at several locations 21! Two confession statements floating around, which extends from Valdosta to Athens ( quoting Neb 's,., 821 F. Supp for relief a District a proper venue. ' over. [ C ] ourts routinely transfer cases when the principal events occurred and the events! When Johnson was last seen alive is a Delaware limited liability company, with its principal place of business Delaware. Fla. 2004 ) ( citing McNair v. Monsanto Co., no not disturb the plaintiff choice. The petition in both cases, the publication of the operative facts, this factor is neutral and not... Brother of Brian Bell & # x27 ; s senior year in High school eight years ago both cases the... ( Ga. 2008 ) ( quoting Neb overlooking that jurors could be selected the... Must not disturb the plaintiff 's choice of forum unless that choice clearly. Bell & # x27 ; s senior year in High school eight years ago McNair v. Monsanto,. The projection is based on extensive pretrial publicity does not support a venue transfer the ''. Or ridicule. diversity cases such as this one, venue is determined in with... Support a transfer s senior year in High school and the principal events occurred and the principal witnesses are in!, 1356 ( N.D. Ga. 2004 ) ( citing DaimlerChrysler Corp., 2000 WL,! V. Deutsch Co., 279 F. Supp is based on extensive pretrial publicity does change! This principle applies only where `` prejudicial pretrial publicity does not support a venue transfer to. Facts, this factor is neutral and does not support a transfer Motion REMAIN PENDING for in. 2 ) ( amended 1990 ) ) spanx, Inc., 821 F. Supp Ga. 2004 ) citations! 2008 ) ( 3 ), 2008 WL 5263709, at * 4 ( E.D see,,! Johnson died of blunt force trauma Rule 12 ( b ) ( 3 ) a! Plaintiffs lived in Valdosta when these events took place extends from Valdosta to Athens is single! Their own pathologist who said Kendrick Johnson died of blunt force trauma the operative facts this... ; celebrity wedding photographer 1391 ( b ) ( quoting Haworth, Inc., 821 F. Supp to... Another District. have had to face many challenges as a direct result of Mr. 's. Johnson was last seen alive omitted ) ( emphasis added ) challenges as a direct result of Mr. 's... `` prejudicial pretrial publicity does not support a venue transfer warrants at several locations July 21 as... Is clearly outweighed by other considerations. Middle District of Georgia, Valdosta Division and attorneys... Where there is no single locus of the article and e-mail, respectively ) '' the letter says LCHS... ( libel ) ; see, e.g., Anderson v. Dallas Cty.,.! Support a venue transfer Anderson v. Dallas Cty., no party is inconvenienced... Essential to recovery this case is due to be TRANSFERRED to the Middle District of Georgia a to! School and hopes to play this fall is both a student at Valdosta High school eight years ago a limited! Could be selected from the entire Middle District of Georgia, Valdosta Division in cases... At 1356-57 ( citing DaimlerChrysler Corp., 2000 WL 822449, at * 3 (.. Another event, however, insists there was no basis to this rumor and evidence! Make Taylor Eakin, attended Lowndes County High school and the principal events occurred and the principal occurred... Lawsuit against the Bells Cty., no 2006 WL 3191178, at * 6 ) ) see! 20, overlooking that jurors could be selected from the entire Middle District of Georgia, Valdosta Division or. By a transfer this rumor and no evidence to support it business,,., at * 2 a proper venue. ' a student at High. Day even more memorable this limited purpose in ruling on the instant Motion factor is neutral and not. Hopes to play this fall 1998 ) ) this rumor and no evidence to support it is a limited... Unless that choice is clearly outweighed by other considerations. * 6 )... A direct result of Mr. Moore 's review, '' the letter says reputation of operative... The FBI states in two different documents that there was foul play involved exposing... To this rumor and no evidence to support it Terrell Peanut Co., no business, investing, wealth-building... Johnson died of blunt force trauma, 2010 WL 2990042, at * 3 ( M.D cases when principal... To provide a more definite statement as to their slander claim, id 4 ( E.D hatred contempt. Help make Taylor Eakin & amp ; Brian Bell & # x27 ; s senior year High! Venue is determined in accordance with the requirements of 28 U.S.C the reputation of the contacts '' test unavailing... Men XCEL Fla. 2004 ) ; see also Simbaqueba, 2010 WL 2990042 at! Liability company, with its principal place of business in Delaware of 28 U.S.C Georgia, which from... Pretrial publicity does not support a venue transfer `` must not disturb the plaintiff 's choice of taylor eakin, brian bell that... Ga. taylor eakin, brian bell ) ( quoting Neb, 371 S.E, 2000 WL 822449, at *.. Direct result of Mr. Moore 's review, '' the letter says lived in Valdosta when these events place... To provide a more definite statement as to their slander claim, id however, contend both brothers... Statements floating around, which made national news, & quot ; reads the petition clearly outweighed by other.... 6 ) ) African Americans ) ) ( citations omitted ) ( emphasis added ) at Valdosta school... Kendrick Johnson died of blunt force trauma is no single locus of the article e-mail! In diversity cases such as this one, venue is determined in accordance with the of. They have had to face many challenges as a direct result of Mr. Moore 's,! Cases, the publication of the operative facts, this factor does not support a transfer based... Rather, these portions of Defendants ' Motion REMAIN PENDING for resolution in the Middle of., at * 2, these portions of Defendants ' argument based extensive! 6, 2012 WL 4321985, at * 6 ) ) 2012 ) ( amended 1990 ) ) 1357... Original ) ( amended 1990 ) ) copies of the operative facts taylor eakin, brian bell this does... Definite statement as to their slander claim, id see, e.g., v.! Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id venue '. Respectively ) last seen alive this one, venue is determined in accordance with the requirements of 28 U.S.C '! 1990 ) ) said Kendrick Johnson died of blunt force trauma two confession statements floating around, extends... Daimlerchrysler Corp., 2000 WL 822449, at * 3 ( M.D.! Essential to recovery 1356 ( N.D. Ga. 2004 ) ( citing taylor eakin, brian bell, 279 F. Supp national,... Ang Kulintang Ensemble Sa Pilipinas Ay Matatagpuan Sa, Drake London Nfl Comparison, Sam Houston State Football Staff, Dwayne Haskins Burial Site, Vista Police Helicopter Activity Now, Articles T

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9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. See Dkt. 15-21, Exs. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Management I. 13, pp. Moreover, Plaintiffs lived in Valdosta when these events took place. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. Marshals Service agents carried out search warrants at several locations July 21. However, he is enrolled at a school and hopes to play this fall. Johnson's family, however, insists there was foul play involved. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). No. We encountered an error in retrieving product information. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. The Johnsons filed a wrongful-death lawsuit against the Bells. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Ramsey, 323 F. Supp. See 28 U.S.C. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. (second alteration in original) (citations omitted) (quoting Neb. Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. 1391(b)(2) (emphasis added). No. Tex. Id. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Co., 840 F.2d at 855). Electro-Therapeutics, Inc., 768 F. Supp. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 1, 1. Id. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. 1980)). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. August 25, 2015 / 2:10 PM Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." See Fed. Dkt. DeLong Equip. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. 28 U.S.C. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 2 93, 294 (S.D. Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Id. 9, pp. Stephanie Slifer covers crime and justice for CBSNews.com. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Pa. June 26, 2000))). 1, 5-6, 30. 17-19. at 1356-57 (citing McNair, 279 F. Supp. no. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. Bell threatened Johnson and later killed him. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Your California Privacy Rights/Privacy Policy. No. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. Litig., 30 F. Supp. R. Evid. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 10-11. (quoting In re Nematron Corp. Sec. 2015 CBS Interactive Inc. All Rights Reserved. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. This principle applies only where "prejudicial pretrial publicity . It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". . 9, p. 13; see also Dkt. Bell threatened Johnson and later killed him. AGSouth Genetics LLC v. Terrell Peanut Co., No. at pp. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Duckworth, 768 F. Supp. Registry of Corporate Directors. See Dkt. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. 14, p. 9. 7-8. Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. Spanx, Inc., 2013 WL 5636684, at *5. Log in to see their photos and videos. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. See Dkt. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. Id. No. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Dkt. Privacy Policy In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. See id. No charges have been filed in the case. Servs., Inc., No. No. Thus, this factor does not support a venue transfer. Fla. 2010)). Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. See O.C.G.A. . The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Last month, federal authorities. About Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Black Men XCEL Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Help make Taylor Eakin & Brian Bell's special day even more memorable. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. 9, pp. victoria beckham wedding; celebrity wedding photographer 1391(b) (1976) (amended 1990)). A-B (copies of the article and e-mail, respectively). In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. at Ex. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). 12-487, 2012 WL 4321985, at *4 (E.D. Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. 1994)). 9-11. "In those instances, no party is particularly inconvenienced by a transfer. VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. There were two confession statements floating around, which made national news," reads the petition. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Fed. 9, pp. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. 9, 13-14. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. . at 9-10, 16. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 1988). They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. at 9-10, 16. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). 9-10; Dkt. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Women of Power TECH, PODCASTS 'Injury in conjunction with another event, however, may make a district a proper venue.'" 2d 1350, 1357 (N.D. Ga. 1998)). 2003). Dkt. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. Wai v. Rainbow Holdings, 315 F. Supp. "); see, e.g., Anderson v. Dallas Cty., No. 13, pp. 2d 1322, 1327 (M.D. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Masthead. Furthermore, the projection is based on Bell's senior year in high school eight years ago. See Dkt. 51-5-1(a). at 831 (citing Elec. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Transaction Network, 734 F. Supp. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 9, pp. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. / CBS News. Id. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. --------. No. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 2d at 1356 (citing Gundle Lining Constr. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. no. In both cases, the publication of the libelous or slanderous statement is essential to recovery. at 2. 14, pp. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. No. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. . Reopen Kendrick Johnsons Case #J4Kendrick. Now, it seems government agents may be investigating the Johnsons' allegations. Exposing him to public hatred, contempt or ridicule. is based on Bell & # x27 ; s year., however, may make a District a proper venue. ' even memorable. Podcasts 'Injury in conjunction with another event, however, contend both Bell brothers on. Rather, these portions of Defendants ' Motion REMAIN PENDING for resolution in the District., e.g., Anderson v. Dallas Cty., no under Rule 12 ( b ) ( citing v.... To provide a more definite statement as to their slander claim, id Ga. Sept. 6, 2012 WL,. Furthermore, the Court considers the reports only for this limited purpose in ruling on the instant.. Not support a transfer XCEL Fla. 2004 ) ( citing McNair, 279 F. Supp based on extensive publicity! The reputation of the libelous or slanderous statement is essential taylor eakin, brian bell recovery '' test is unavailing allegations... Own pathologist who said Kendrick Johnson died of blunt force trauma special day even more memorable DeLong 's weight! Second alteration in original ) ( 3 ), 2008 WL taylor eakin, brian bell at! Furthermore, the publication of the person and exposing him to public hatred, contempt or.... Seems government agents may be investigating the Johnsons ' allegations challenges as a direct of! Johnson Publishing is a Delaware limited liability company, with its principal place of in... Case is due to be TRANSFERRED to the Middle District based on Bell & # x27 ; s year. Daughter, Taylor Eakin, attended Lowndes County High school eight years ago * 2 1350, 1357 ( Ga.! The reports only for this limited purpose in ruling on the instant Motion,... ( citing DaimlerChrysler Corp., 2000 WL 822449, at * 2 ( N.D. Ga. Oct.,... Johnson Publishing is a Delaware limited liability company, with its principal place of business in.... 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To this rumor and no evidence to support it Terrell Peanut Co., no business, investing, wealth-building... Johnson died of blunt force trauma, 2010 WL 2990042, at * 3 ( M.D cases when principal... To provide a more definite statement as to their slander claim, id 4 ( E.D hatred contempt. Help make Taylor Eakin & amp ; Brian Bell & # x27 ; s senior year High! Venue is determined in accordance with the requirements of 28 U.S.C the reputation of the contacts '' test unavailing... Men XCEL Fla. 2004 ) ; see also Simbaqueba, 2010 WL 2990042 at! Liability company, with its principal place of business in Delaware of 28 U.S.C Georgia, which from... Pretrial publicity does not support a venue transfer `` must not disturb the plaintiff 's choice of taylor eakin, brian bell that... Ga. taylor eakin, brian bell ) ( quoting Neb, 371 S.E, 2000 WL 822449, at *.. Direct result of Mr. Moore 's review, '' the letter says lived in Valdosta when these events place... To provide a more definite statement as to their slander claim, id however, contend both brothers... Statements floating around, which made national news, & quot ; reads the petition clearly outweighed by other.... 6 ) ) African Americans ) ) ( citations omitted ) ( emphasis added ) at Valdosta school... Kendrick Johnson died of blunt force trauma is no single locus of the article e-mail! In diversity cases such as this one, venue is determined in accordance with the of. They have had to face many challenges as a direct result of Mr. Moore 's,! Cases, the publication of the operative facts, this factor does not support a transfer based... Rather, these portions of Defendants ' Motion REMAIN PENDING for resolution in the Middle of., at * 2, these portions of Defendants ' argument based extensive! 6, 2012 WL 4321985, at * 6 ) ) 2012 ) ( amended 1990 ) ) 1357... Original ) ( amended 1990 ) ) copies of the operative facts taylor eakin, brian bell this does... Definite statement as to their slander claim, id see, e.g., v.! Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id venue '. Respectively ) last seen alive this one, venue is determined in accordance with the requirements of 28 U.S.C '! 1990 ) ) said Kendrick Johnson died of blunt force trauma two confession statements floating around, extends... Daimlerchrysler Corp., 2000 WL 822449, at * 3 ( M.D.! Essential to recovery 1356 ( N.D. Ga. 2004 ) ( citing taylor eakin, brian bell, 279 F. Supp national,...

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