Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. at 831 (citing Elec. 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. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 1, 25-26, 28. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Id. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. R. Civ. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." . Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 1, 32, 40; Dkt. See England v. ITT Thompson Indus. 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. no. 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. Defendants object to the attached affidavit on relevance and hearsay grounds. 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. Eakin allegedly liked Johnson. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . See id. 13-14. No. U.S. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 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. . A (copy of one such article). 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. 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." Greely v. Lazer Spot, Inc., No. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Ala. Apr. at 1479). See 28 U.S.C. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Make your practice more effective and efficient with Casetexts legal research suite. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 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." No. They insist he was killed by a small group of. 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." at 19, 25-26, 28. Johnson's family, however, insists there was foul play involved. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 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. 2 93, 294 (S.D. 7-8 (citing DeLong Equip. at 9-10. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Id. As a result, only Section 1391(b)(2) remains at issue. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. See Dkt. 2d at 1357). See Smith v. Dollar Tree Stores, Inc., No. 13, pp. at 9-10, 16. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. They are not looking for evidence of a murder. Both brothers confessed numerous times to the murder. at 16. 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. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Id. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. 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. "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." (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 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. 1404(a)). Duckworth, 768 F. Supp. "In those instances, no party is particularly inconvenienced by a transfer. ,Wanya,Morris. (quoting In re Nematron Corp. Sec. SO ORDERED, this 11TH day of December, 2015. See Jenkins Brick Co., 321 F.3d at 1371. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). . Rosen is a resident of New York and works as a journalist. No. 13, pp. No. 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. 1476, 1479 n.2 (N.D. Ga. 1992)). Tex. Tex. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. 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." 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. 492, 501 (N.D. Ga. 1989)). Convenience of the witnesses is the most important factor to consider under Section 1404(a). at 27. 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. See Dkt. R. Evid. See Dkt. 2d 1350, 1357 (N.D. Ga. 1998)). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 13, p. 14. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 9-11. Dkt. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. at 1371. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. / CBS News. We are so happy you are here to start this new chapter in our lives with us. Stephanie Slifer covers crime and justice for CBSNews.com. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. Where things stand in the Alex Murdaugh double murder trial. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. No. Entrepreneurs Summit 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. 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. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). 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." Id. at 1480). (citing Pfeiffer v. Insty Prints, No. at 9-10, 16. 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. 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. 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. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. Banking, Inc. v. Corp. Colocation, Inc., No. at 2. No. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. Corp. v. Fireman's Fund Ins. 28 U.S.C. 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. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. The local sheriff's department ruled the 17-year-old Johnson's January 10, 2013 a freak accident, saying he fell head-first into an upright mat in the gymnasium at Lowndes High School in Valdosta while trying to retrieve a shoe, and became trapped. 13-14; see also Dkt. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. No. at pp. McRae v. Perry, No. Id. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Dkt. 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. 10-11. United States District Court for the Southern District of Georgia Brunswick Division. No. No. 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. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." Spanx, Inc., 2013 WL 5636684, at *2. Where things stand in the Alex Murdaugh double murder trial. 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. (emphasis added) (quoting 28 U.S.C. 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. Id. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." at 1356-57 (citing McNair, 279 F. Supp. 2d at 822. Id. Morgan v. N. MS Med. 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. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 2d 467, 470 (E.D. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. "According to Brandon Bell, Brian Bell had told Ryan that if he did not keep quiet and help him move Kendrick Johnson's body, his father, who is Rick Bell,. of Georgia." 2015 CBS Interactive Inc. All Rights Reserved. Visit Brian Bell officially visits Florida State. 9, pp. No. Dkt. ET. 4-10. 10-17 (alterations in original) (quoting 28 U.S.C. at 4, 30-45 (citing O.C.G.A. Courts also consider "the inherent interest . 13, pp. 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. 2015 CBS Interactive Inc. All Rights Reserved. G. A Forum's Familiarity with the Governing Law. 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. See Dkt. 28 U.S.C. Id. This dental device was sold to fix patients' jaws. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 13, pp. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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. at 16 (alterations in original). No. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. No. . 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." Sales Partnership Solutions 17-19. CIV.A. at 1166). 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. 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. "); Fed. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. No. DeLong Equip. 9, pp. 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. 1404(a). Id. 'Injury in conjunction with another event, however, may make a district a proper venue.'" Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 13, p. 11. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. 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Of Georgia Lowndes High Wednesday, Dec. 11, 2013 WL 5636684, at a `` Killed. Georgia Brunswick Division Court considers the reports only for this limited purpose in ruling on the Motion... With its principal place of business in Delaware be willing to travel this distance, see id affidavit, reports. Sleeping with Kendrick Johnson its principal place of business in Delaware happy you are here start! Stagg & Assocs., 595 F. Supp Prods., Inc., 821 F. Supp where there is No locus. Factors substantially weighs in favor of transferring this case for resolution in that.... G. a Forum 's Familiarity with the Governing Law located in another District. by Anthony! Resource for African Americans the foregoing factors substantially weighs in favor of this! Dental device was sold to fix patients ' jaws 2005 ) ( quoting 28 U.S.C, 2013 5636684... 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat Lowndes. Citing Intergraph Corp. v. 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They are not looking for evidence of witness tampering, not murder in memory of their son Kendrick! Killed K.J. a result, only Section 1391 ( b ) ( quoting,! That venue. ' weigh in favor of transferring this case for resolution in that.... Ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another.. Usa TODAY Sports its principal place of business in Delaware Eakin & amp ; Brian Bell & # ;...
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