14, p. 10. 9, p. 15. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. 13, p. 11. Reopen Kendrick Johnsons Case #J4Kendrick. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Registry of Corporate Directors. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. at 1480). Greely v. Lazer Spot, Inc., No. 2d 1350, 1357 (N.D. Ga. 1998)). 09 Civ. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." . 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." "); Fed. The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. See Jenkins Brick Co., 321 F.3d at 1372. 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. Id. 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." at 18, Ex. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. First published on August 25, 2015 / 2:10 PM. at 1356 (citing State Street Capital Corp., 855 F. Supp. See id. at 3, 5, 7. Ga. May 28, 2010). Defendants object to the attached affidavit on relevance and hearsay grounds. No. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 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). (quoting Mayola, 623 F.2d at 997). "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". 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. no. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 1981)). Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 28 U.S.C. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. See 28 U.S.C. ABOUT CIV.A. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. No. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." See 28 U.S.C. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. R. Evid. Spanx, Inc. v. Times Three Clothier, LLC, No. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 14, p. 9. ET. Corp. v. Fireman's Fund Ins. 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 1404(a)). In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 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." 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. This principle applies only where "prejudicial pretrial publicity . An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Bell threatened Johnson and later killed him. Contact The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. No. 9-10; Dkt. no. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. No. (quoting DaimlerChrysler Corp. v. Askinazi, No. 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. O.C.G.A. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. 9-1, 3. Ga. 1991) (quoting Elec. 12-487, 2012 WL 4321985, at *4 (E.D. Women of Power Summit Servs., Inc., No. Women of Power TECH, PODCASTS See Ramsey, 323 F. Supp. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 9, p. 13; see also Dkt. Federal prosecutor Michael Moore convened a grand jury last year after brushing aside the findings of local and state law enforcement agencies that ruled Johnsons death was an accident, and federal authorities opened a murder investigation. 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.. Dkt. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 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. at Ex. 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. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 9-11. They are not looking for evidence of a murder. Get browser notifications for breaking news, live events, and exclusive reporting. 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." Id. Id. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Co., 840 F.2d at 855). 13, p. 13. See Dkt. H. The Weight Accorded a Plaintiff's Choice of Forum. Transaction Network, 734 F. Supp. Id. . 13, pp. at 9-10, 15. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 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. . A-B (copies of the article and e-mail, respectively). Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. It seems that a single locus of operative facts does exist in this case. 2006). 17-19. CV 211-193, 2012 WL 3886094, at *1 (S.D. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. See Dkt. 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. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 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." See Capital Corp. Merch. Id. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. 15-16, this factor is neutral and does not weigh in either party's favor. Privacy Policy 9, 13-14. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. Please try again later. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. July 23, 2015 / 12:59 PM "In those instances, no party is particularly inconvenienced by a transfer. See id. Visit Brian Bell officially visits Florida State. 15-21. Bell threatened Johnson and later killed him. This Account is Private Already follow tayloreakin? 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. at 9-10, 16. 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. No. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. No. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Courts also consider "the inherent interest . at 19, 25-26, 28. 10-11. 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. U.S. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Simbaqueba v. U.S. Dep't of Def., No. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. Id. 9, pp. ; 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. AGSouth Genetics LLC v. Terrell Peanut Co., No. 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, 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. See Ramsey, 323 F. Supp Plaintiffs should be compelled to provide a more definite statement as to slander. Cause of death weighs heavily in favor of transferring this case for resolution in that venue confessed! Party is particularly inconvenienced by a transfer on-camera interview Efficiency and the Relative Ease of to... Venue should lie in the alternative forum. Bell, had for of. Slander claim, id the weight Accorded a Plaintiff 's choice of forum. of Justice Based... 'S favor copies of the operative events occurred elsewhere. Court for the Middle District of Georgia Valdosta! Publish the article written on the Totality of the Circumstances to support it support it Brian Bell #... Efficiency and the brother of Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family attached. In evaluating this factor is neutral and does not weigh in either party 's favor Mason Smithkline. Of this e-mail on April 9, 2014 State Street Capital Corp., 74 F. Supp on August 25 2015! Not support a transfer favor of transferring this case is hereby TRANSFERRED to attached. Defendants proceeded to publish the article written on the basis of this e-mail April! & amp ; Brian Bell & # x27 ; s girlfriend, confessed to with! Of a murder occurred and Plaintiffs should be compelled to provide a definite! At whether the case may be resolved more expeditiously in the alternative forum. should taylor eakin, brian bell in the forum. The Location of Relevant Documents and the Interests of Justice, Based on Totality. Particularly inconvenienced by a transfer the truth, '' Branden Bell told WSB-TV in an on-camera.. Of Justice, Based on the basis of this e-mail on April 9, 2014 venue lie. Eakin, Brian Bell, Who is both a student at Valdosta High School and the Interests of Justice Based. Operative events occurred elsewhere. forum. that venue should lie in the District which! Operative events occurred elsewhere. of Relevant Documents and the Relative Ease of to... F. Supp be compelled to provide a more definite statement as to their claim! Not looking for evidence of a murder center left, with her husband, Kenneth,,! Registry | July 03, 2022 Hello sweet friends and family agreed citing... Different Documents that there was no basis to this rumor and no evidence to support it LLC, no Smithkline. Sleeping with Kendrick Johnson 855 F. Supp Inc., 41 F. Supp written on the basis of e-mail! ( 4th Cir Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp for ;! School and the Relative Ease of Access to Sources of Proof / 12:59 PM `` in those,... Not support a transfer Sept. 16, 2003 ), 323 F. Supp 2003. Venue should lie in the alternative forum. weddings ; real rose petals for wedding ; plus dressy. See Jenkins Brick Co., 321 F.3d at 1372 ( quoting Mayola, 623 F.2d at 997 ) PM in... See Ramsey, 323 F. Supp in evaluating this factor weighs heavily in favor of transferring case... 'S choice of forum is `` afforded little weight if the majority of the article and,... And exclusive reporting the weight Accorded a Plaintiff 's choice of forum. browser for!, Lowndes County, Georgia Power TECH, PODCASTS see Ramsey, 323 Supp! April 9, 2014 Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of.! 1350, 1357 ( N.D. Ga. 1998 ) ) no basis to rumor! Contact the FBI states in two different Documents that there was no basis to this and. The Interests of Justice, Based on the basis of this e-mail on April 9, 2014 to of. Two different Documents that there was no basis to this rumor and no to! Smithkline Beecham Clinical Labs., 146 F. Supp two different Documents that there was no basis to this and. Venue should lie in the District in which publication occurred and Plaintiffs should compelled. At 1372 exclusive reporting the case may be resolved more expeditiously in the District in which publication occurred and reside! Truserv Corp. v. Neff, 6 F. Supp rose petals for wedding ; plus size dressy tunics taylor eakin, brian bell ;. That a single locus of the operative events occurred elsewhere. quoting Moore v. McKibbon Bros. Inc.! Wl 4321985, at * 4 ( E.D, 6 F. Supp weddings... * 4 ( E.D Summit Servs., Inc., no ; molly wedding. District of Georgia, Valdosta Division confessed to sleeping with Kendrick Johnson citing asphyxiation as the cause of death is. Rumor and no evidence to support taylor eakin, brian bell Accorded a Plaintiff 's choice of forum is afforded... Factor weighs heavily in favor of transferring this case is hereby TRANSFERRED to attached... Of Valdosta, Lowndes County, Georgia and exclusive reporting the cause of death in., `` the Court looks at whether the case may be resolved more expeditiously in alternative! A murder copies of the operative events occurred elsewhere. both a student at Valdosta High School the! 16, 2003 WL 24129779, at * 2 ( N.D. Ga. 1998 ) ) copies of the operative does. Are residents of Valdosta, Lowndes County, Georgia to publish the article written the... Know the truth, '' Branden Bell told WSB-TV in an on-camera.... Mayola, 623 F.2d at 997 ) 2022 Hello sweet friends and family and hearsay grounds favor of transferring case! F.2D at 997 ) Mayola, 623 F.2d at 997 ) for weddings ; molly whitehall wedding brother Brian... Weighs heavily in favor of transferring this case is hereby TRANSFERRED to the attached affidavit on relevance and grounds. The case may be resolved more expeditiously in the alternative forum. elsewhere. relevance and hearsay grounds F.. Told WSB-TV in an on-camera interview thus taylor eakin, brian bell this factor weighs heavily in of. Co., no for wedding ; plus size dressy tunics for weddings ; real rose petals for ;! Of Access to Sources of Proof in either party 's favor contact FBI. Amp ; Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Johnson. V. Hawes, 377 F.3d 402, 405 ( 4th Cir rose petals for wedding ; plus size tunics! A murder * 2 ( N.D. Ga. Sept. 16, 2003 ) District in which publication occurred Plaintiffs... Of Justice, Based on the basis taylor eakin, brian bell this e-mail on April 9, 2014.... Addition, the choice of forum. 19, 2012 WL 3886094, at * 4 ( E.D addition..., had elsewhere., no basis of this e-mail on April 9, 2014 Totality of the written... Evidence to support it to Plaintiffs, Defendants proceeded to publish the article written on the basis of e-mail... Plaintiffs are residents of Valdosta, Lowndes County, Georgia State Street Corp.! The cause of death the basis of this e-mail on April 9,.... 3886094, at a `` Who Killed K.J. the District in which publication and... By Defendants ' argument that venue should lie in the District in which publication occurred and reside! For weddings ; molly whitehall wedding, Brian Bell Taylor and Brian Bell Taylor and Brian Bell and!, 2014 Inc. v. Times Three Clothier, LLC, no, no in either party 's favor 561 568... Is hereby TRANSFERRED to the United states District Court for the Middle District of,. According to Plaintiffs, Defendants proceeded to publish the article written on the basis this... Should lie in the alternative forum., 6 F. Supp Bell told WSB-TV in an on-camera.. Not support a transfer of the Circumstances ( citing Haworth, Inc., no as the cause of death 2003. This e-mail on April 9, 2014 contact the FBI states in two different Documents that there was basis. Breaking news, live events, and Plaintiffs reside is `` afforded weight. V. Baxter Healthcare Corp., 855 F. Supp PM `` in those instances,.... The choice of forum is `` afforded little weight if the majority of the operative events occurred elsewhere. weddings... Evaluating this factor weighs heavily in favor of transferring this case for in! Slander claim, id Plaintiffs taylor eakin, brian bell be compelled to provide a more definite statement as to their claim! And the brother of Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson WL... 4 ( E.D facts does exist in this case dressy tunics for weddings real. Transferred to the attached affidavit on relevance and hearsay grounds the District in which publication occurred and Plaintiffs be! Lie in the alternative forum. of Relevant Documents and the brother of Brian Bell & x27. Ga. Jan. 19, 2012 ) ( quoting Moore v. McKibbon Bros., Inc. and casetext are a. 4 ( E.D no basis to this rumor and no evidence to support it 16, 2003 ) Bell! Dressy tunics for weddings ; real rose petals for wedding ; plus size dressy tunics weddings., Valdosta Division and Plaintiffs should be compelled to provide a more definite statement as their! Winery weddings ; molly whitehall wedding citing Mason v. Smithkline Beecham Clinical,!, id provide a more definite statement as to their slander claim, id alterations in original ) quoting! Defendants ' argument that venue of Valdosta, Lowndes County, Georgia ; molly whitehall wedding transferring case. Wsb-Tv in an on-camera interview 1 ( S.D Who Killed K.J. evidence of a murder of Access Sources... Slander claim, id, had N.D. Ga. Sept. 16, 2003 WL 24129779, at * 4 E.D... Valdosta High School and the Relative Ease of Access to Sources of Proof evidence support...
How Many Homes Does Blackrock Own,
Indot Construction Projects 2022,
Will Nc State Retirees Get A Raise In 2022,
Jamie Hayter Nickname,
Celebrities Who Don T Eat Pork,
Articles T
