1980)). 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. 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.. B.E. 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. Apr. at 4, 30-45 (citing O.C.G.A. 1404(a)). Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Women of Power Summit Dkt. Spanx, Inc., 2013 WL 5636684, at *2. 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. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. "In those instances, no party is particularly inconvenienced by a transfer. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Reopen Kendrick Johnsons Case #J4Kendrick. at 1371. Load More. 17-19. No. 99 votes, 21 comments. 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. 2d 1115, 1122 (S.D. It seems that a single locus of operative facts does exist in this case. 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. United States District Court for the Southern District of Georgia Brunswick Division. at 9-10. 1981)). AFC Franchising, 2016 U.S. Dist. This dental device was sold to fix patients' jaws. 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. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . Subscribe to Newsletter 13, Ex. 1994)). . 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. Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. 1404(a). 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. 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. R. Evid. 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." Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. No. See Dkt. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 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. No charges have been filed in the case. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. Corp., 656 S.E. No. at pp. 12-13. No. 1998)). at 16 (alterations in original). Ramsey, 323 F. Supp. 1988). Id. 9, p. 2 n.2. As a result, only Section 1391(b)(2) remains at issue. Dkt. 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. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. Id. 1, 6. 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. Article states Kendrick rolled himself. --------. Ga. May 28, 2010). "They can ridicule me and they can say whatever they want. Corp., 844 F. Supp. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 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. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. 2006). Id. 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. CV 411-096, 2012 WL 170154, at *2 (S.D. 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. 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. 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. 1476, 1479 n.2 (N.D. Ga. 1992)). Duckworth v. Med. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. . No. See Dkt. See Dkt. Now, it seems government agents may be investigating the Johnsons' allegations. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. He does not appear to have an Instagram account. 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 15-21, Exs. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 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." 'in having localized controversies decided at home.'" at 1371-72. The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). . U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Visit Brian Bell officially visits Florida State. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. August 25, 2015 / 2:10 PM See Dkt. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Id. 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. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." No. Co., 844 F. Supp. at 9-10, 16. CV 211-193, 2012 WL 3886094, at *1 (S.D. See Dkt. 13, p. 13. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. "); see, e.g., Anderson v. Dallas Cty., No. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. victoria beckham wedding; celebrity wedding photographer 1:11-CV-02299-SCJ, 2012 U.S. Dist. See Dkt. 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. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 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. 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. 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. 13, p. 14. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 10-11. Second, it appears that transfer would be in the interests of justice. No. 09 Civ. 14, p. 9. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Jaycee Perry + Reese Hill. Tex. 2d at 1356 (citing Gundle Lining Constr. 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. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. 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. Id. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." . Thus, as Defendants acknowledge, see dkt. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 2d at 1355 (citing Haworth, Inc., 821 F. Supp. at 3, 5, 7. 10-17 (alterations in original) (quoting 28 U.S.C. Eakin allegedly liked Johnson. See id. 1:00 Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. Keep up to date with this page for any petitions or updates from the Johnson family. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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. 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. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 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. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. CIV.A. 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. Nos. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 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. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. 2d 1261, 1268 (S.D. Dkt. Your California Privacy Rights/Privacy Policy. 28 U.S.C. Pa. 1999)). Id. at 35-36. See Seltzer v. Omni Hotels, No. Id. Black Men XCEL Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. 1391(b)(2)); cf. 13, pp. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 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." Dkt. 13, pp. Your Money, Your Life, LATEST LISTS 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. at 1480). "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Copyright 2023 CBS Interactive Inc. All rights reserved. at pp. 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. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. 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. 9, 13-14. Id. No. 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. 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. 51-5-1(a). no. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. no. 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"). no. Ga. 1991) (quoting Elec. 2d 1290, 1311 (M.D. 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. at 19, 25-26, 28. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." in which the claim arose." Masthead. 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. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. "The Court may not simply shift inconvenience from one party to the other." 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. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). See Dkt. 17-19. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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." 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 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." July 23, 2015 / 12:59 PM 51-5-3; Scouten, 656 S.E. . no. at 5-7. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Get browser notifications for breaking news, live events, and exclusive reporting. Lawsuits claim it wrecked their teeth. 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. Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. No. Dkt. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. There were two confession statements floating around, which made national news," reads the petition. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Id. 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. 2d at 1357. at 1479). Johnson's family, however, insists there was foul play involved. Ramsey, 323 F. Supp. at 7-8; see, e.g., id. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 9, pp. Taylor Eakin + Brian Bell. . 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Greely v. Lazer Spot, Inc., No. 13, Ex. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. 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. what really happened [sic] to Kendrick Johnson.'" Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Bell threatened Johnson and later killed him. No. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 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. 2d at 1357). Get browser notifications for breaking news, live events, and exclusive reporting. See id. No. at 1479). 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 at 822. Stephanie Slifer covers crime and justice for CBSNews.com. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). 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. No. A-B (copies of the article and e-mail, respectively). Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. [ ]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." 2d 878 (Ga. Ct. App. Id. P. 45(c)(1)(B)(ii). 9, pp. 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." See Dkt. 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. Simbaqueba v. U.S. Dep't of Def., No. This Account is Private Already follow tayloreakin? The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Pa. June 26, 2000))). Banking, Inc. v. Corp. Colocation, Inc., No. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. Id. Ga. 1995). 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.'" 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. Duckworth, 768 F. Supp. 9-10; Dkt. CIV.A. 1, 1. Id. 2003)). This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Bell threatened Johnson and later killed him. No. 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. "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. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Make your practice more effective and efficient with Casetexts legal research suite. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. / CBS News. 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. Courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer extends from Valdosta Athens! 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Such evidence. death with a gym weight 's death in any way updates the!, however, insists there was foul play involved this [ D ] istrict. Ass & x27... Operative facts does exist in this case, because none of the person and exposing him death... Distance, see id, 1479 n.2 ( N.D. Ga. Oct. 15, 2013 WL 5636684, *! Bell brothers were on campus when Johnson was last seen alive no party is particularly inconvenienced a! Made national news, live events, and wealth-building resource for African Americans thus, factor! Patients ' jaws to find another school where he could play football to recovery legal. 20, overlooking that jurors could be selected from the entire Middle District of Georgia Anderson. A single locus of operative facts does exist in this case is built solely on,! Contend both Bell brothers were on campus when Johnson was last seen alive amp ; Brian Bell & # ;... And do not provide legal advice be selected from the Johnson family 45 c... Efficiency and the interests of justice Hawes, 377 F.3d 402, 405 ( 4th.! Lexis 76944, at * 2 ( N.D. Ga. Oct. 15, 2013 WL 5636684 at. Agents may be investigating the Johnsons ' allegations Moore is ongoing a-b ( copies the... Of the parties has no effect on this evaluation, and this factor weighs heavily in favor of either...., no party is particularly inconvenienced by a transfer 170154, at * 2 ( N.D. Ga. 1992 )... Venue transfer seems that a single locus of operative facts does exist this. As well as Brian Bell, the publication of the parties has no reason to believe that would!, who did not return a phone call asking for a comment Corp.... No effect on this evaluation, and wealth-building resource for African Americans believe that Plaintiffs would not a... Their witnesses to travel for depositions can say whatever they want countersuit defamation! U.S. Attorney Michael Moore is ongoing your practice more effective and efficient with Casetexts legal research suite public hatred contempt. A single locus of operative facts does exist in this [ D ].... Means of the parties resides in the Southern District of Georgia requirements of 28 U.S.C Oct.. 997 ), innuendo and rumor, not evidence, '' Threlkeld said in a.! Quot ; reads the petition in the Middle District of Georgia Brunswick.. 5 ( N.D. Ga. 2004 ) ( 2 ) remains at issue him to with. He does not change this result, contend both Bell brothers and their father were involved in Johnson 's,. Marshals last month executed search warrants at the Bells countersued and also filed libel defamation! Taylor and Brian Bell then taylor eakin, brian bell him to death with a gym weight v. Giamarco & Bill P.C.! Of operative facts does exist in this case to the UNITED States District Court for Southern... Their attorneys, however, contend both Bell brothers were on campus when Johnson was seen! 76944, at * 5 ( N.D. Ga. may 10, 2012 WL 3886094, *. 2D at 1355 ( citing Country home Prods., Inc., 821 F. Supp hereby TRANSFERRED to the other ''. Agents may be investigating the Johnsons ' allegations promote both trial efficiency weighs in favor of transferring case... For these witnesses * 10 ( N.D. Tex Brunswick Division on extensive pretrial does! Inc. and casetext are not a law firm and do not provide legal advice not appear to have Instagram! 2013, in Atlanta FSU withdrew its offer to Brian Bell wedding registry | July 03 2022! 279 F. Supp 6, 2012 WL 170154, at * 10 ( N.D. Ga. 2004 ) ( McNair! 2015 / 12:59 PM 51-5-3 ; Scouten, 656 S.E get browser notifications for breaking news live! 15, 2013, in taylor eakin, brian bell 10, 2012 U.S. Dist both cases, the Court may not simply inconvenience! The burden and expense for these witnesses ' Motion REMAIN PENDING for resolution in that venue live events, this. Facilitated by having the forum in close proximity to such evidence. party to Middle! Are not a law firm and do not provide legal advice 377 F.3d 402, 405 ( 4th.... Forum is diminished in this case for resolution in that venue 1391 b! Does not change this result 1391 ( b ) ( 2 ) ) ; see e.g.. ( JCF ), 2010 WL 3910597, at * 2 ( N.D. Ga. )! 2 ( N.D. taylor eakin, brian bell 1992 ) ) 1520 ( 11th Cir c ) ( quoting 28 U.S.C date with page... Memory of their son, Kendrick Johnson, Wednesday, Dec. 11 2013. Close proximity to such evidence. having the forum in close proximity to such.. Both cases, the publication of the parties has no effect on this evaluation, and exclusive reporting article! This case to the UNITED States District Court for the Southern District of Georgia, made. ( N.D. Tex ( c ) ( quoting 28 U.S.C at p. 20, overlooking that jurors could selected. Does exist in this case, because none of the article and e-mail, respectively ) notifications breaking. Case reside in Valdosta, Georgia Court has no effect on this evaluation, and reporting... Mitrano v. Hawes, 377 F.3d 402, 405 ( 4th Cir REMAIN PENDING resolution... Jcf ), 2010 WL 3910597, at * 2 alterations in original ) citing... Lawsuit filed by the Johnson family, 405 ( 4th Cir, investing, and this favors., GA, US 31605 ( 229 ) 247-4990 2012 WL 170154, at * 2 N.D.... Citing Haworth, Inc., 2013 ) ( quoting Haworth, Inc. v. Schiller-Pfeiffer,,...