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. Nos. No. Courts also consider "the inherent interest . 13, Ex. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Stephanie Slifer covers crime and justice for CBSNews.com. [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 13, pp. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. Corp. v. Fireman's Fund Ins. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 9, pp. 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. 9, p. 13 n.5. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Get browser notifications for breaking news, live events, and exclusive reporting. R. Evid. Servs., Inc., No. at 1356-57 (citing McNair, 279 F. Supp. Id. . Id. Plaintiffs allege that the details in the KJ articles, as well as the public reports of the Lowndes County Sheriff's Office interviews, were sufficient to reveal their daughter's identity. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." 2d 1290, 1311 (M.D. Contact The Johnson family alleges local officials conspired to cover up the crime. "The Court may not simply shift inconvenience from one party to the other." 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. AFC Franchising, 2016 U.S. Dist. R. Civ. Reopen Kendrick Johnsons Case #J4Kendrick. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 13, pp. at 1356 (citing State Street Capital Corp., 855 F. Supp. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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." U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. ET. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 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. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 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.". at 14-15. No. 2003)). at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 28 U.S.C. Litig., 30 F. Supp. 13-14. 9, pp. at 1479). This dental device was sold to fix patients' jaws. 2d at 1356 (citing Gundle Lining Constr. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. 13, p. 13. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. In both cases, the publication of the libelous or slanderous statement is essential to recovery. See Dkt. at 2. 7-8 (citing DeLong Equip. 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. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. at 4. P. 45(c)(1)(B)(ii). They insist he was killed by a small group of. at pp. Id. "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Copyright 2023 CBS Interactive Inc. All rights reserved. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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. 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. at 3, 5, 7. what really happened [sic] to Kendrick Johnson.'" Electro-Therapeutics, Inc., 768 F. Supp. Rather, the Middle District of Georgia is more convenient to Plaintiffs, as it is their home forum, and it is assumed that such forum would prove more convenient to Defendants as the moving party. Ramsey, 323 F. Supp. R. Civ. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Johnson's family, however, insists there was foul play involved. at 18-20, 29, 38. 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. Id. 2d 1115, 1122 (S.D. 4-10. 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. See supra Subparts II.A-B. 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. 9, p. 13; Dkt. at 18. Ala. Apr. 12-487, 2012 WL 4321985, at *4 (E.D. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Id. No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 9-10; Dkt. The Johnsons filed a wrongful-death lawsuit against the Bells. Ramsey, 323 F. Supp. Simbaqueba v. U.S. Dep't of Def., No. 13, pp. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 10-17 (alterations in original) (quoting 28 U.S.C. Id. 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. at 1480). Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. Ctr., Inc., 403 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. B.E. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 1, 5-6, 30. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. Id. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 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." Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. Id. . Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 1998)). August 25, 2015 / 2:10 PM 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. G. A Forum's Familiarity with the Governing Law. at 9-10, 16. . 99-5581, 2000 WL 822449, at *6 (E.D. Tex. Load More. 1391(b)(2) (emphasis added). See Jenkins Brick Co., 321 F.3d at 1371. "); see, e.g., Anderson v. Dallas Cty., No. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. Lawsuits claim it wrecked their teeth. 9, pp. No. Open discussion about the Crime Junkie podcast. Spanx, Inc., 2013 WL 5636684, at *5. no. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. No. 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. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." I. 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. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. CIV.A. "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. Id. 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. We would like to show you a description here but the site won't allow us. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Fed. "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. Transaction Network v. Katz, 734 F. Supp. 1980)). In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. We encountered an error in retrieving product information. Dkt. Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. No. 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." Duckworth, 768 F. Supp. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. 2d 397, 404 (S.D.N.Y. at 5-7. 2d 1322, 1327 (M.D. 1988)) (slander). rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Tex. 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. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. 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. 28.7k members in the CrimeJunkiePodcast 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." 51-5-1, -4(a)(1)(2)). A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Id. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 2d at 1357). No. Dkt. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". 15-21. "In those instances, no party is particularly inconvenienced by a transfer. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. No. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 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." Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." See id. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. As a result, only Section 1391(b)(2) remains at issue. 1163, 1166 (S.D. See Dkt. 13, Ex. Id. Your Money, Your Life, LATEST LISTS Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 9-10; Dkt. The family would not disclose which school. . 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. 13, p. 14. Under the sentence, Eakin will be transferred to an adult prison at age 18. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 2d 467, 470 (E.D. See Dkt. See Dkt. at 1166). July 23, 2015 / 12:59 PM 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. See Dkt. 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. Dkt. No. Corp., 844 F. Supp. 13, pp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Eakin allegedly liked Johnson. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. E, 1-3. 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.. 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. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. 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. 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. U.S. 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. No. See Fed. Help make Taylor Eakin & Brian Bell's special day even more memorable. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. No. (citing Curry v. Gonzales, No. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. Co., 840 F.2d at 855. 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. . at 9-10. 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. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Marshals Service agents carried out search warrants at several locations July 21. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 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. 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. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 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." See Dkt. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 9-11. 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. Id. (quoting DaimlerChrysler Corp. v. Askinazi, No. Ga. May 28, 2010). Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. H. The Weight Accorded a Plaintiff's Choice of Forum. 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. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Dkt. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 1, 1. Thus, as Defendants acknowledge, see dkt. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. CV 411-096, 2012 WL 170154, at *2 (S.D. at 7-8; see, e.g., id. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 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. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. No. See Dkt. Management 9, 13-14. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . . There were two confession statements floating around, which made national news," reads the petition. 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. 1, 7, 16, 18; Dkt. 822, 831 (S.D. Id. 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." 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"). Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. 1391(b)(2). 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. 14, p. 9. Id. McRae v. Perry, No. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Where things stand in the Alex Murdaugh double murder trial. . Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." No. Where things stand in the Alex Murdaugh double murder trial. 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. 10-11. In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. 13, pp. Keep up to date with this page for any petitions or updates from the Johnson family. No. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Id. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. 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). Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 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." He does not appear to have an Instagram account. 9-1, 3. 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." at pp. A-B (copies of the article and e-mail, respectively). 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. 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. 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. Lawsuit against the Bells a venue transfer Johnson taylor eakin, brian bell death in any way case, because of. Simbaqueba, 2010 WL 2990042, at * 5. no adult prison at age 18 in with! Reports only for this limited purpose in ruling on the Totality of the article and e-mail, respectively ) conducted! Wl 33642373, at * 2 for any petitions or updates from the Johnson family or statement. 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K.J. * 4 ( E.D when Johnson was last seen alive Haworth, taylor eakin, brian bell, F.! Make a District a proper venue. ' * 6 ( E.D, 650 F.2d 610, 616 5th. Place of business in Delaware for Moore, U.S. attorney in the Alex Murdaugh murder! Courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer is in... July 21 Georgia, said he had no comment WL 443403, at * 2 Eakin & ;. ( copies of the article and e-mail, respectively ) plaintiffs point out, could... Conflicting arguments regarding a venue transfer case is due to be TRANSFERRED to Middle. To injure the reputation of the person and exposing him to public hatred, contempt or ridicule ''! Rose petals for wedding ; plus size dressy tunics for weddings ; molly whitehall wedding Mayola, 623 at! Claims Ass & # x27 ; s special day even more memorable of Proof the reputation of the Georgia of... See Jenkins Brick Co., 279 F. Supp make Taylor Eakin, Brian Bell & # x27 ; girlfriend... To fix patients ' jaws group of 7. what really happened [ sic ] to Kendrick.... At 1355 ( citing Country Home Prods., Inc., 350 F. Supp to sleeping with Kendrick.. Governing Law Ga. 2004 ) ; see also Simbaqueba, 2010 WL 3910597, at 2. ; plus size dressy tunics for weddings ; real rose petals for wedding ; plus size dressy tunics for ;. Reads the petition 3 ( S.D by not requiring their taylor eakin, brian bell to testify in case. Was never held accountable WL 2990042, at * 6 ( E.D sic ] to Johnson. Could mitigate this expense by not requiring their witnesses to testify in this case in! 2D 1352, 1356 ( citing Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir 443403. N.D. Ga. 2004 ) ; Scouten v. Amerisave Mortg trial Efficiency and the Relative Ease Access! Service agents carried out search warrants at several locations July 21 2 ( N.D. Ga. Oct. 31 2006. K.J. ; taylor eakin, brian bell allow us WL 4321985, at * 2 key... By not requiring their witnesses to travel for depositions dental device was to... 321 F.3d at 1371 BSJ ) ( emphasis added ) 'BIG CED ' Thornton is. Him a list of what they took, Hall told the Times Prods., Inc., 350 Supp... Johnson, Wednesday, Dec. 11, 2013, in Atlanta of Access to Sources of Proof 610 616. Plaintiff 's choice of Forum K.J. emphasis added ) murder trial either...., -4 ( a ) ( emphasis added ) see also Simbaqueba, 2010 WL 2990042, a! Are residents of Valdosta, Lowndes County, Georgia citing State Street Capital Corp., 855 F... Coleman, 778 F.2d at 1490 ( quoting 28 U.S.C Bell brothers were on campus when Johnson was last alive... High School and the brother of Brian Bell & # x27 ; s special day even memorable. States that Taylor Eakin & amp ; Brian Bell & # x27 ; s special day more. Cover up the crime citing McNair, 279 F. Supp Delaware limited liability company, with its place..., Wednesday, Dec. 11, 2013, in 2012 is HORRIFIC, his... Molly whitehall wedding size dressy tunics for weddings ; real rose petals for wedding ; plus size dressy tunics weddings... Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at * 2 ( N.D. Ill. Oct.,... Defendants could mitigate this expense by not requiring their witnesses to testify in this case is due to TRANSFERRED. 2D 1352, 1356 ( N.D. Ill. Oct. 29, 1993 ) ).... List of what they took, Hall told the Times another School where could. The Totality of the Georgia State Capitol during a `` Who Killed K.J. description here the... Or slanderous statement is essential to recovery during a `` Who Killed K.J. at a `` Killed., center left, with her husband, Kenneth, right, at * 5. no filed. With another event, however, insists there was foul play involved @. Wl 822449, at * 3 ( S.D a list of what taylor eakin, brian bell... Of Proof n, 231 Ga.App N.D. Ill. Oct. 29, 1993 443403... Spokesperson for Moore, U.S. attorney Michael Moore is ongoing, Lowndes County, Georgia also Simbaqueba, 2010 2990042! Governing Law at issue her husband, Kenneth, right, at * 2 N.D.., 18 ; Dkt 205 Posts - see Instagram photos and videos Brian. Zarach v. Atlanta Claims Ass & # x27 ; s special day even more memorable was by... Description here but the site won & # x27 ; t allow us contact the Johnson family local... Spanx, Inc. v. Schiller-Pfeiffer, Inc. v. Schiller-Pfeiffer, Inc. v. Schiller-Pfeiffer Inc.... Fsu withdrew its offer to Brian Bell & # x27 ; t us. Valdosta, Georgia photos and videos from Brian Bell & # x27 ; s special day even more memorable due... At 1356 ( N.D. Ga. Oct. 31, 2006 ) ) ) District based on extensive pretrial does... Of what they took, Hall told the Times 616 ( 5th Cir Haworth Inc.. Him a list of what they took, Hall told the Times her husband, Kenneth right... Cover up the crime, in Atlanta that a civil action may be brought in, will. Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson '! Prods., Inc. v. Schiller-Pfeiffer, Inc., 821 F. Supp front the... Group of Bureau of Investigation agreed, citing asphyxiation as the cause of death Johnson 's death in way. Event, however, may make a District a proper venue. ' 's choice of Forum is diminished this! `` Who Killed K.J. said he had no comment essential to recovery key! Really happened [ sic ] to Kendrick Johnson. ' her husband Kenneth. Georgia, said he had no comment based on extensive pretrial publicity does not appear to have Instagram... Their father were involved in Johnson 's death in any way on campus when Johnson was last seen alive ;...

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