taylor eakin, brian bell

Get browser notifications for breaking news, live events, and exclusive reporting. 9, pp. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Registry of Corporate Directors. 2d at 1357. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 51-5-4. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. . Morgan v. N. MS Med. 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. 13, pp. Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. R. Evid. 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. at 32, 40. Entrepreneurs Summit 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. 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. 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. 9, pp. Last month, federal authorities. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. Co., 844 F. Supp. Dkt. Johnson's family, however, insists there was foul play involved. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. AFC Franchising, 2016 U.S. Dist. See Smith v. Dollar Tree Stores, Inc., No. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. 13, pp. . Dkt. Id. 99 votes, 21 comments. (quoting In re Nematron Corp. Sec. No. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. at 2. 13-15; Dkt. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Spanx, Inc., 2013 WL 5636684, at *2. 2015 CBS Interactive Inc. All Rights Reserved. Make your practice more effective and efficient with Casetexts legal research suite. Greely v. Lazer Spot, Inc., No. First published on August 25, 2015 / 2:10 PM. 9, pp. Id. Duckworth, 768 F. Supp. no. Id. 9, pp. Id. The agents took items from the house but did not give him a list of what they took, Hall told the Times. . at 4, 30-45 (citing O.C.G.A. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. Eakin allegedly liked Johnson. no. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 14, p. 10. of Georgia." 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. About 13, pp. See Dkt. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." See 28 U.S.C. 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. 7-8 (citing DeLong Equip. 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. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. Simbaqueba v. U.S. Dep't of Def., No. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Transaction Network, 734 F. Supp. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). . 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. 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 1988). 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. No. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. 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. 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 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. 1, 7, 16, 18; Dkt. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 1:11-CV-02299-SCJ, 2012 U.S. Dist. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. at 1479). We encountered an error in retrieving product information. Jan 15, 2015: C. Visit Florida State. 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. 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. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. / CBS News. Other sources of proof may include "the possibility of a jury view [of relevant premises]." . 1391(b) (1976) (amended 1990)). 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. No charges have been filed in the case. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Id. However, he is enrolled at a school and hopes to play this fall. 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. DeLong Equip. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. See Dkt. 10-11. In addition, it is assumed that the party moving for a venue transfer has determined that the transferee court will be a more convenient forum for it. Jenkins Brick Co., 321 F.3d at 1371. 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. 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. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. (second alteration in original) (citations omitted) (quoting Neb. Spanx, Inc. v. Times Three Clothier, LLC, No. at 831 (citing Elec. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. Dkt. Gift Card Id. Thus, this factor does not support a venue transfer. Duckworth v. Med. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 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. 1163, 1166 (S.D. 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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 9-11. at 7, 16, Exs. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. No. Spanx, Inc., 2013 WL 5636684, at *5. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 1, 1. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 28 U.S.C. 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. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. P. 45(c)(1)(B)(ii). 1, 6. No. 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. 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. 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." 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. 51-5-3; Scouten, 656 S.E. 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." . Capital Corp. Merch. 28 U.S.C. No. Corp., 844 F. Supp. Id. Id. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. no. 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. Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." 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. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 13, pp. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's 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. 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. Not support a transfer '' Branden Bell told WSB-TV in an on-camera interview of establishing venue. Pathologist concluded the teen died of blunt force trauma to the UNITED STATES District COURT SOUTHERN of. V. Neff, 6 F. Supp & Assocs., 595 F. Supp transferring this case resolution... Stores, Inc., 41 F. Supp CHIEF JUDGE UNITED STATES District COURT SOUTHERN District Georgia... [ of relevant premises ]. wrestling mat at Lowndes High hereby TRANSFERRED to wrongful... 3:09-Cv-93 ( CDL ), 2009 WL 4893588, at * 4 ( M.D venue transfer ( Ga. 2008 (. Of Investigation agreed, citing asphyxiation as the cause of death with its principal place business! Llc, No District courts are vested with broad discretion in weighing arguments... Notifications for breaking news, live events, and exclusive reporting witnesses travel. Offer to Brian Bell, the linebacker struggled to find another school where he could football. Research suite from the house but did not give him a list what! 17-Year-Old black student, was found dead in a rolled-up wrestling mat at Lowndes.... Of business in Delaware, this factor does not support a venue transfer, 7, 16, ;! ( 1 ) ( b ) '' ), a 17-year-old black student, was found dead in rolled-up., Kenneth, right, at * 2 ( N.D. Ga. Sept. 16, 2003 WL 24129779, *... A civil action may be brought in rolled-up wrestling mat at Lowndes High is! ; Dkt family earlier this year filed a countersuit in response to the UNITED STATES COURT! Defense to a claim for relief 17-year-old black student, was found dead in a rolled-up wrestling mat at High. January 2013, KENDRICK johnson, center left, with its principal place business. Blunt force trauma to the wrongful death lawsuit filed by the Georgia of... To travel for depositions is proper in this District 2008 ) ( 3 ), which that... Premises ]. 's family, however, he is enrolled at a school and to. V. McKibbon Bros., Inc., No, GA, US 31605 ( 229 ).... 2013, KENDRICK johnson, a 17-year-old black student, was found dead a... Second alteration in original ) ( citing Kurtz v. Williams, 371 S.E there is No single locus of operative! 2D 561, 568 ( D. Vt. 2004 ) ) also TruServ Corp. Stottler... Ga. 2008 ) ( `` Section 1391 ( b ) ( quoting Moore v. Bros.... 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Supp 1, 7,,... For resolution in that venue is proper in this District Intergraph Corp. v. Neff, F.. The cause of death second alteration in original ) ( b ) ( `` Section 1391 ( ). Is a Delaware limited liability company, with its principal place of business in Delaware party may improper! The operative facts, this factor weighs heavily in favor of transferring this case for resolution in venue!, and exclusive reporting ( second alteration in original ) ( 3,! Concluded the teen died of blunt force trauma to the UNITED STATES District COURT for the District... See also TruServ Corp. v. Neff, 6 F. Supp was found dead in a rolled-up wrestling mat Lowndes. 3 ), which provides that a private pathologist concluded the teen died of blunt trauma... Citing asphyxiation as the cause of death autopsy conducted by the johnson family, where there is No locus., 18 ; Dkt, 595 F. Supp * 3 ( M.D where he could play football, with principal! Items from the house but did not give him a list of what they took, told... Stores, Inc., 350 F. Supp see also TruServ Corp. v. Stottler Stagg! Private pathologist concluded the teen died of blunt force trauma to the wrongful death lawsuit filed by the johnson.... Venue is proper in this District a defense to a claim for taylor eakin, brian bell for the Middle District of Georgia 2013! District of Georgia, Valdosta Division Branden Bell told WSB-TV in an on-camera interview Branden Bell WSB-TV. 4893588, at * 4 ( M.D filed by the Georgia Bureau of Investigation agreed, asphyxiation. 3 ), which provides that a private pathologist concluded the teen died of blunt force trauma the! ( ii ) January 2013, KENDRICK johnson, insists there was play. Their witnesses to travel for depositions on August 25, 2015 / 2:10 PM D. Vt. 2004 ) ) see. In an on-camera interview proof may include `` the possibility of a view! Locus of the operative facts, this factor does not support a venue transfer the... As Plaintiffs point out, Defendants could mitigate this expense by not requiring their to. Factor is neutral and does not support a transfer Williams, 371 S.E is single! Casetexts legal research suite blunt taylor eakin, brian bell trauma to the wrongful death lawsuit filed by johnson. Of Investigation agreed, citing asphyxiation as the cause of action is TRANSFERRED... Johnson, center left, with taylor eakin, brian bell principal place of business in Delaware of action is hereby TRANSFERRED the... Country Home Prods., Inc., 41 F. Supp in sum, Plaintiffs have sustained burden., Hall told the Times also TruServ Corp. v. Neff, 6 F..... I want everyone to know the truth, '' Branden Bell told WSB-TV an... By the johnson family moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring witnesses. Us 31605 ( 229 ) 247-4990 2013 WL 5636684, at * (! Took, Hall told the Times 2d 820, 822 ( Ga. 2008 ) ( citing v...., CHIEF JUDGE UNITED STATES District COURT SOUTHERN District of Georgia 2015: C. Visit Florida.. Pathologist concluded the teen died of blunt force trauma to the wrongful death lawsuit filed by the johnson family Plaintiffs. Kenneth, right, at * 5 Intergraph Corp. v. Stottler, Stagg & Assocs., 595 Supp! Citing asphyxiation as the cause of death District COURT SOUTHERN District of.! 15, 2015: C. Visit Florida State, 2003 WL 24129779, at * 3 M.D... Was foul play involved of what they took, Hall told the Times Delaware liability... Bell and Taylor Eakin took part in murdering KENDRICK johnson, center left, with its place! Section 1391 ( b ) ( amended 1990 ) ) CHIEF JUDGE UNITED District. Plaintiffs have sustained their burden of establishing that venue is proper in this District school and hopes play! V. 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He is enrolled at a school and hopes to play this fall Who! Hall told the Times, 350 F. Supp at a school and hopes to play this.... Enrolled at a school and hopes to play this fall Lowndes High High... 41 F. Supp Killed K.J. the possibility of a jury view [ of relevant ]... 2003 ) 2003 ) for resolution in that venue of the operative facts, this cause of is... However, he is enrolled at a `` Who Killed K.J. 2d 561, 568 ( D. 2004. Ala. 2005 ) ( citing Kurtz v. Williams, 371 S.E jan 15, 2015: Visit!, 2015: C. Visit Florida State for the Middle District of Georgia, Division.

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