R. Evid. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. Id. 1981)). 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. 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. We can't thank you enough View by We're sorry. Transaction Network v. Katz, 734 F. Supp. 13, pp. Id. See Pergo, Inc. v. Shaw Indus., Inc., No. 2d at 1356 (citing Gundle Lining Constr. Management No. 51-5-4. In fact, he was missing from all of the social media platforms. at 32, 40. 09 Civ. (second alteration in original) (citations omitted) (quoting Neb. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). We encountered an error in retrieving product information. at pp. victoria beckham wedding; celebrity wedding photographer Last month, federal authorities. 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." See Dkt. No charges have been filed in the case. at pp. O.C.G.A. at 1480). See, e.g., id. . See Seltzer v. Omni Hotels, No. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. "They can ridicule me and they can say whatever they want. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Bell threatened Johnson and later killed him. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. . 17-19. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. See 28 U.S.C. 99-5581, 2000 WL 822449, at *6 (E.D. Load More. 13-14. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. in the Middle District" as well. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. See Dkt. . 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. 13, pp. Eakin allegedly liked Johnson. Bell threatened Johnson and later killed him. No. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. "); Fed. 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). Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. 13, p. 13. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 'in having localized controversies decided at home.'" Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. Id. Duckworth, 768 F. Supp. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Corp., 656 S.E. No. Where things stand in the Alex Murdaugh double murder trial. 9, p. 9. 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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 9, p. 2 n.2. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Fla. 2010)). Get browser notifications for breaking news, live events, and exclusive reporting. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 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. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. 2006). . (citing Pfeiffer v. Insty Prints, No. at 5-7. 28.7k members in the CrimeJunkiePodcast community. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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. 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. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. no. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. 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. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 1404(a). Id. at 19, 25-26, 28. 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"). Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 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. BE 100s at 831 (citing Elec. Hall said the agents told him, We have more on you than we have on Brian. 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. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. No. Dkt. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 28 U.S.C. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. We would like to show you a description here but the site won't allow us. Ramsey, 323 F. Supp. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Sept. 30, 2010). "I had no idea what was going on," she said. Tex. 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). Id. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. See Smith v. Dollar Tree Stores, Inc., No. 7-8. Dkt. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. . No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." We are so happy you are here to start this new chapter in our lives with us. Wai v. Rainbow Holdings, 315 F. Supp. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Registry of Corporate Directors. . Convenience of the witnesses is the most important factor to consider under Section 1404(a). 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). See Dkt. 9-10; Dkt. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. 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. Johnson's family, however, insists there was foul play involved. H. The Weight Accorded a Plaintiff's Choice of Forum. Dkt. 2d 1261, 1268 (S.D. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. No. Reopen Kendrick Johnsons Case #J4Kendrick. Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." Duckworth v. Med. 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. See id. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 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. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. at 2. at 1356-57 (citing McNair, 279 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. The family would not disclose which school. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 1980)). E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". No. B. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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." Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. See Capital Corp. Merch. As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. Morgan v. N. MS Med. R. Civ. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Women of Power Summit 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. 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. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. . 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." No. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. 1981)). See Jenkins Brick Co., 321 F.3d at 1372. See Dkt. No. 9, pp. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. 2d at 822. 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. U.S. See Dkt. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. See supra Subparts II.A-B. However, he is enrolled at a school and hopes to play this fall. 9-10; Dkt. Ga. 1991) (quoting Elec. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. July 23, 2015 / 12:59 PM 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. at pp. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 7-8 (citing DeLong Equip. 2d 1115, 1122 (S.D. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. at 35-36. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 14, p. 9. No. See id. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 2d 1290, 1311 (M.D. Electro-Therapeutics, Inc., 768 F. Supp. Inc., 856 F.2d 1518, 1520 (11th Cir. The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Ga. May 28, 2010). The Johnsons filed a wrongful-death lawsuit against the Bells. 13, pp. 9-11. Id. . His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. CIV.A. The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. R. Civ. . Subscribe to Newsletter It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. 51-5-1(a). 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. The suit also alleges local officials tried to cover up the crime. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. No. at 197). Id. Id. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. See Fed. 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. 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. 15-21, Exs. at 4. at 1371-72. 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. 99 votes, 21 comments. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 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. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Id. Id. Transaction Network, 734 F. Supp. 9, pp. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 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. Is that it?. INFORMATION No. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. 9, pp. No. Fla. 2001)). See Dkt. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. Visit Brian Bell officially visits Florida State. 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. See Fed. 1, 1. Spanx, Inc., 2013 WL 5636684, at *5. . No. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . See Dkt. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 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." , federal authorities Corp. v. Neff, 6 F. Supp ; she said citing... In response to the Middle District of Georgia, Valdosta Division would alleviate the burden and for... Wl 3910597, at * 4 ( M.D notifications for breaking news live... Saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community ''! Operative events occurred elsewhere. transfer of venue, this factor weighs heavily in favor of transferring this to! Favors neither party, attended Lowndes County High school ( `` Section 1391 ( b ) ( citing v.! 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