Id. 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. 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. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. United States District Court for the Southern District of Georgia Brunswick Division. 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. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Spanx, Inc., 2013 WL 5636684, at *2. See id. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Black Men XCEL See Pergo, Inc. v. Shaw Indus., Inc., No. "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. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. no. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. at 35-36. A (copy of one such article). Litig., 30 F. Supp. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Thus, this factor does not support a venue transfer. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." No. Fla. 2010)). Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. 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. Open discussion about the Crime Junkie podcast. Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . 2d at 1356 (citing Gundle Lining Constr. 2d 1115, 1122 (S.D. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 1, 1. 09 Civ. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. at 32, 40. . Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. See, e.g., id. No. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. at 16 (alterations in original). at 3, 5, 7. 1994)). Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. No. See England v. ITT Thompson Indus. No. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." See Ramsey, 323 F. Supp. no. at 4. No. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 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. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. See Ramsey, 323 F. Supp. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Dkt. Ala. Apr. Rosen is a resident of New York and works as a journalist. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. SistersInc. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". 2006). Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. No. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. at 9-10, 16. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. 13, p. 11. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 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. See Dkt. Make your practice more effective and efficient with Casetexts legal research suite. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 13, p. 15. I. 9, pp. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." Hall said the agents told him, We have more on you than we have on Brian. 13-14; see also Dkt. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. 10-11. . Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Log in to see their photos and videos. Jorgensen said Eakin is a lot smarter than his. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 28 U.S.C. Id. at 18. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. As a result, only Section 1391(b)(2) remains at issue. Jan 15, 2015: C. Visit Florida State. 14, p. 9. See id. Thus, as Defendants acknowledge, see dkt. 2d 1350, 1357 (N.D. Ga. 1998)). P. 12(b)(3). 13, pp. See, e.g., id. Furthermore, the projection is based on Bell's senior year in high school eight years ago. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Fed. Id. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. #KendrickJohnson" Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." No. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. Id. In both cases, the publication of the libelous or slanderous statement is essential to recovery. See Dkt. See Dkt. 1988). Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. 1391(b)(2). 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. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). at 18-20, 29, 38. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. No. No. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. Inc., 856 F.2d 1518, 1520 (11th Cir. victoria beckham wedding; celebrity wedding photographer Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." Taylor Eakin + Brian Bell. We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. 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. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. 1, 1. Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. See Jenkins Brick Co., 321 F.3d at 1372. See id. Masthead. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. Bell threatened Johnson and later killed him. in which the claim arose." See id. what really happened [sic] to Kendrick Johnson.'" 17-19. 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