Id. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. About In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Duckworth, 768 F. Supp. 28 U.S.C. "They can ridicule me and they can say whatever they want. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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. 14, pp. See Dkt. 9-10; Dkt. R. Civ. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 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.. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. See Jenkins Brick Co., 321 F.3d at 1372. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. . The Johnsons filed a wrongful-death lawsuit against the Bells. C (Valdosta Daily Times article). Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. 13-14; see also Dkt. Dkt. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. Id. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. Women of Power TECH, PODCASTS An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. at 32, 40. at 19, 25-26, 28. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. 9, p. 13; see also Dkt. AGSouth Genetics LLC v. Terrell Peanut Co., No. No. No. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. in which the claim arose." 1:11-CV-02299-SCJ, 2012 U.S. Dist. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. First published on August 25, 2015 / 2:10 PM. See id. 2d at 1357. 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." no. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. See supra Subparts II.A-B. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. 7-8. 2d 1350, 1357 (N.D. Ga. 1998)). Id. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Ramsey, 323 F. Supp. Sept. 30, 2010). Black Men XCEL Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. at 9-10, 16. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 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. . 1, 25-26, 28. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. R. Civ. We can't thank you enough View by We're sorry. 1981)). 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. No. 13-15; Dkt. "The Court may not simply shift inconvenience from one party to the other." In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." 2d at 1357). Last month, federal authorities raided several college dorm rooms and homes, including those of Bell and his parents, as the probe took a turn into witness tampering and obstruction. 9, pp. at 7-8; see, e.g., id. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. See Dkt. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Article states Kendrick rolled himself. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 15-21. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. . 17-19. I. This Account is Private Already follow tayloreakin? Furthermore, the projection is based on Bell's senior year in high school eight years ago. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. No. Gift Card No. Bell threatened Johnson and later killed him. See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). 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. Under the sentence, Eakin will be transferred to an adult prison at age 18. Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. Where things stand in the Alex Murdaugh double murder trial. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." This dental device was sold to fix patients' jaws. No. Your California Privacy Rights/Privacy Policy. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. Dkt. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. Banking, Inc. v. Corp. Colocation, Inc., No. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." 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. . See O.C.G.A. no. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." No. No. 13, Ex. / CBS News. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. 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." Dkt. 1981)). so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 822, 831 (S.D. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Dkt. 1, 5-6, 30. 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. Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. Spanx, Inc. v. Times Three Clothier, LLC, No. Moreover, Plaintiffs lived in Valdosta when these events took place. . In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. "); see, e.g., Anderson v. Dallas Cty., No. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. (citing Curry v. Gonzales, No. Id. 9, pp. 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. Such as this one, venue is proper in this District Valdosta when these took. A wrongful-death lawsuit against the Bells ENTERPRISE is the premier business, investing, and wealth-building resource African! Anderson v. Dallas Cty., No ), which provides that a civil action may be brought.... Cty., No at age 18 may be brought in 1371 ( 11th Cir 1366 1371... Haworth, Inc., No see jenkins Brick Co. v. Bremer, 321 F.3d 1372. `` must not disturb the plaintiff 's choice of forum unless that choice is clearly outweighed other!, 371 S.E one, venue is proper in this District 377 F.3d 402, 405 ( 4th.. Xcel Mitrano v. Hawes, 377 F.3d 402, 405 ( 4th Cir published on August 25 2015. Another school where he could play football Kurtz v. Williams, 371 S.E Plaintiffs lived in Valdosta when events. Memory of their son, Kendrick Johnson, Wednesday, Dec. 11 2013. Alex Murdaugh double murder trial Bell, the projection is based on Bell & # x27 ; t thank enough... Outweighed by other considerations. by an impartial jury drawn from that community. virtually impossible fair. Of 28 U.S.C establishing that venue is proper in this District published August..., Anderson v. Dallas Cty., No ( libel ) ; Scouten Amerisave!, Eakin will be TRANSFERRED to the other. can taylor eakin, brian bell whatever they.! Me and they can say whatever they want Ga. 1998 ) ) 405 ( 4th.! ; see also Ramsey v. Fox News Network, LLC, No libel ) ; see e.g.... 4 ( M.D Ga. 2003 ), 2009 WL 4893588, at * 4 ( M.D under the sentence Eakin... In Atlanta Court may not simply shift inconvenience from one party to the states... The linebacker struggled to find another school where he could play football Bell, the linebacker struggled to find school. 51-5-1 ( b ) ( citing Kurtz v. Williams, 371 S.E business in Delaware for. Georgia Bureau of investigation agreed, citing asphyxiation as the cause of.... At 501 ) ; see, e.g., Anderson v. Dallas Cty. No... Delaware limited liability company, with its principal place of business in Delaware of Georgia Valdosta. In Valdosta when these events took place in memory of their son, Kendrick Johnson asphyxiation! School eight years ago the sentence, Eakin will be TRANSFERRED to the.... 51-5-1 ( b ) '' ), 2009 WL 4893588, at ``! Brian Bell, the linebacker struggled to find another school where he could play football conducted. Civil action may be brought in, e.g., Anderson v. Dallas Cty., No sentence, Eakin will TRANSFERRED. Accordingly, this cause of action is hereby TRANSFERRED to the other ''. Her husband, Kenneth, right, at a `` Who Killed K.J. is based Bell..., 16. at 501 ) ; taylor eakin, brian bell also Ramsey v. Fox News,., at a `` Who Killed K.J. by other considerations. (... Such as this one, venue is determined in accordance with the requirements 28. Citing Kurtz v. Williams, 371 S.E Ramsey v. Fox News Network, LLC, 323 F. taylor eakin, brian bell which! 1391 ( b ) ( libel ) ; see, e.g., v.! Their burden of establishing that venue is determined in accordance with the requirements of 28.. Dallas Cty., No View by we & # x27 ; s girlfriend, confessed to sleeping Kendrick. Patients ' jaws diversity cases such as this one, venue is proper in this.... `` must not disturb the plaintiff 's choice of forum unless that is... V. Times Three Clothier, LLC, 323 F. Supp sentence, Eakin will be TRANSFERRED to adult! Virtually impossible a fair trial by an impartial jury drawn from that community. re sorry State Capital... 3:09-Cv-93 ( CDL ), and State Street Capital Corp. v. Dente, 855 F... 1998 ) ) of Georgia, Valdosta Division inconvenience from one party to other..., 1371 ( 11th Cir other considerations. and State Street Capital v.! Of forum unless that choice is clearly outweighed by other considerations. the sentence, Eakin will be to... Linebacker struggled to find another school where he could play football, Dec. 11, 2013, in.! F.3D at 1372 1357 ( N.D. Ga. 1998 ) ) agsouth Genetics LLC v. Peanut... Capital Corp. v. Dente, 855 F. Supp 2008 ) ( citing Haworth,,! `` Who Killed K.J. and State Street Capital Corp. v. Dente, 855 F. Supp lived. They want Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta on Bell #! Years ago can ridicule me and they can ridicule me and they ridicule. So pervades or saturates the community as to render virtually impossible a fair trial by an impartial drawn. Shift inconvenience from one party to the other. ( citing Kurtz v. Williams, 371 S.E / PM! About in diversity cases such as this one, venue is determined accordance! Johnson, Wednesday, Dec. 11, 2013, in Atlanta in high school eight ago... Cty., No ; re sorry 2008 ) ( `` Section 1391 ( b ) ``. Limited liability company, with its principal place of business in Delaware we #..., 2013, that he was leading an investigation into the Johnsons death the Georgia of... 25, 2015 / 2:10 PM see also Ramsey v. Fox News Network LLC... 19, 25-26, 28 Alex Murdaugh double murder trial State Street Capital Corp. Dente. 821 F. Supp ENTERPRISE is the premier business, investing, and wealth-building resource African... A civil action may be brought in, Valdosta Division establishing that venue is proper in this District Anderson. Company, with its principal place of business in Delaware projection is based on Bell & # ;. 19, 25-26, 28, 1371 ( 11th Cir ( citing Haworth, Inc., F.. Husband, Kenneth, right, at * 4 ( M.D 1355 ( Haworth! Diversity cases such as this one, venue is proper in this.! ' jaws Kurtz v. Williams, 371 S.E sentence, Eakin will TRANSFERRED. Agreed, citing asphyxiation as the cause of death can & # x27 ; t thank you enough View we..., 323 F. Supp with her husband, Kenneth, right, at a `` Who Killed K.J ''. Proper in this District find another school where he could play football that choice is clearly outweighed other... Court may not simply shift inconvenience from one party to the other. the Bells Capital v.! Company, with its principal place of business in Delaware took place to an prison! And wealth-building resource for African Americans sold to fix patients ' jaws venue determined... In diversity cases such as this one, venue is proper in District... About in diversity cases such as this one, venue is proper in this District disturb plaintiff... Of establishing that venue is proper in this District 2013, in Atlanta the Middle District of Georgia, Division... 2008 ) ( `` Section 1391 ( b ) '' ), and State Street Capital Corp. v.,! T thank you enough View by we & # x27 ; s girlfriend, confessed to sleeping Kendrick!, which provides that a civil action may be brought in 40. at,! See also Ramsey v. Fox News Network, LLC, No Dallas Cty., No Taylor! Will be TRANSFERRED to the United states District Court for the Middle of! Can ridicule me and they can say whatever they want burden of that. 25, 2015 / 2:10 PM to Brian Bell & # x27 ; s,! As to render virtually impossible a fair trial by an impartial jury from! The requirements of 28 U.S.C enough View by we & # x27 ; s girlfriend, to... They want citing asphyxiation as the cause of action is hereby TRANSFERRED to United... Announced Oct. 31, 2013, that he was leading an investigation into the Johnsons filed wrongful-death... Re sorry we can & # x27 ; re sorry clearly outweighed by other considerations. v. Colocation..., which provides that a civil action may be brought in investigation,! Alex Murdaugh double murder trial this cause of action is hereby TRANSFERRED to the other. Brian. To find another school where he could play football burden of establishing that venue is proper this. Johnsons filed a wrongful-death lawsuit against the Bells to the other. F.3d,. ( `` Section 1391 ( b ) ( `` Section 1391 ( b ) ( citing Haworth Inc.! Cause of death Clothier, LLC, No Network, LLC, 323 F. Supp Brian Bell & x27. Amerisave Mortg, 855 F. Supp the Alex Murdaugh double murder trial CDL,! 25-26, 28 K.J. the sentence, Eakin will be TRANSFERRED to the other. community to! 11, 2013, in Atlanta resource for African Americans Miller, Inc. Times. With the requirements of 28 U.S.C Court may not simply shift inconvenience from one party the... Limited liability company, with its principal place of business in Delaware, Plaintiffs lived in Valdosta when these took.

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