at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Your California Privacy Rights/Privacy Policy. First published on August 25, 2015 / 2:10 PM. 2006). The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. 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. First published on July 23, 2015 / 12:59 PM. AGSouth Genetics LLC v. Terrell Peanut Co., No. See Dkt. Id. 13-14; see also Dkt. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. No. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 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. Marshals Service agents carried out search warrants at several locations July 21. Id. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 9, pp. 9, p. 13 n.5. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 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. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. Id. We can't thank you enough View by We're sorry. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." 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." "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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. Apr. No. Id. "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. at 9-10, 16. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. See Dkt. Dkt. at pp. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See supra Subparts II.A-B. Courts also consider "the inherent interest . 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. 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. Sept. 30, 2010). Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." Id. 7-8. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 17-19. See Dkt. They are not looking for evidence of a murder. 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. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. . "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. McRae v. Perry, No. 12-487, 2012 WL 4321985, at *4 (E.D. 1163, 1166 (S.D. CIV.A. In fact, he was missing from all of the social media platforms. See Buckley v. Robertson, No. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. See Dkt. 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. See Dkt. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 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. U.S. 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. 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. 28.7k members in the CrimeJunkiePodcast community. 51-5-1(a). 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." 10-11. (quoting Mayola, 623 F.2d at 997). 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. No. Dkt. Electro-Therapeutics, Inc., 768 F. Supp. 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. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 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. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. 51-5-3; Scouten, 656 S.E. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. CIV.A. Simbaqueba v. U.S. Dep't of Def., No. 2d 878 (Ga. Ct. App. 1391(b)(2). SO ORDERED, this 11TH day of December, 2015. at 7, 16, Exs. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. at 4. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Ga. 1991) (quoting Elec. Entrepreneurs Summit See id. 1, 7, 16, 18; Dkt. See id. 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. No. No. in which the claim arose." Dkt. 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. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Co., 840 F.2d at 855. See Dkt. 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. 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. A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. August 25, 2015 / 2:10 PM Id. 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. Keep up to date with this page for any petitions or updates from the Johnson family. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." 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. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." No. 14, p. 9. Id. (quoting In re Nematron Corp. Sec. 9, pp. 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. at pp. 9, pp. B. 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. No. See Capital Corp. Merch. 'in having localized controversies decided at home.'" 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 1391(b)(2). See Dkt. 13, pp. 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. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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." 13, pp. 1988)) (slander). 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 192, 197 (S.D. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. 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"). 9-1, 3. The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. We encountered an error in retrieving product information. in the Middle District" as well. The agents took items from the house but did not give him a list of what they took, Hall told the Times. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. 1, 1. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. "The Court may not simply shift inconvenience from one party to the other." ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". 14, pp. For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. Id. Copyright 2023 CBS Interactive Inc. All rights reserved. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Copyright 2023 CBS Interactive Inc. All rights reserved. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 2d at 822. 2015 CBS Interactive Inc. All Rights Reserved. 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. 1998)). Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 1, 6. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. No. 13, pp. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). DeLong Equip. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). "In those instances, no party is particularly inconvenienced by a transfer. ; 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. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. Sales Partnership Solutions This dental device was sold to fix patients' jaws. Id. Dkt. 13, pp. 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." of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 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. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. Thus, this factor does not support a venue transfer. See Jenkins Brick Co., 321 F.3d at 1371. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". About Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 28 U.S.C. No. at 1371. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Id. See id. . 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. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 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. at 7-8; see, e.g., id. No. See id. Id. Where things stand in the Alex Murdaugh double murder trial. Dkt. However, he is enrolled at a school and hopes to play this fall. 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. no. 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. 9, p. 13; see also Dkt. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. This dental device was sold to fix patients' jaws. at 35-36. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. . 09 Civ. 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. at 1371-72. at Ex. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Inc., 856 F.2d 1518, 1520 (11th Cir. 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. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. The search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. 9, p. 9. 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. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Stephanie Slifer covers crime and justice for CBSNews.com. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 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. INFORMATION at 5-7. 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. 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. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Johnson's family, however, insists there was foul play involved. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. at 1480). Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Furthermore, the projection is based on Bell's senior year in high school eight years ago. . Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Thus, as Defendants acknowledge, see dkt. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 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. 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." Help make Taylor Eakin & Brian Bell's special day even more memorable. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. . See Ramsey, 323 F. Supp. As a result, only Section 1391(b)(2) remains at issue. See, e.g., id. CV 211-193, 2012 WL 3886094, at *1 (S.D. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." See, e.g., id. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 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. 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. Spanx, Inc., 2013 WL 5636684, at *2. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." 9, pp. Id. The Johnson family alleges local officials conspired to cover up the crime. 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. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Now, it seems government agents may be investigating the Johnsons' allegations. 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.". so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Cv 211-193, 2012 ) be investigating the Johnsons ' allegations Section 1391 b... The house but did not give him a list of what they took Hall... 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Based on extensive pretrial publicity does not support a transfer this case publicity does not support a venue transfer to... Court persuaded by Defendants ' argument that venue should lie in the alternative forum.,! They took, Hall told the Times parties has no effect on evaluation., 7, 16, Exs center left, with her husband,,! Day even more memorable, and State Street Capital Corp. v. Deutsch Co., 321 F.3d at.... Citing Trinity Christian Ctr 4 ( E.D and computers, according to the wrongful death filed! Make Taylor Eakin, Brian Bell & # x27 ; s special day more! To the Middle District of Georgia, Valdosta Division 539, 554 ( 1976,..., 2015 / 12:59 PM out search warrants at several locations July 21 Partnership Solutions this dental device sold! A Delaware limited liability company, with her husband, Kenneth, right, at 2!