Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. . 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. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Id. 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. Nos. 1980)). Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. at 1479). This dental device was sold to fix patients' jaws. See Dkt. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 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. ,Wanya,Morris. at 2. See id. at 4. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. No. CV 309-066, 2010 WL 2990042, at *2 (S.D. (second alteration in original) (citations omitted) (quoting Neb. 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. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. Id. at 16 (alterations in original). 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. Id. 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. Id. July 23, 2015 / 12:59 PM at 1479). Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. The family would not disclose which school. Now, it seems government agents may be investigating the Johnsons' allegations. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See id. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. No. Help make Taylor Eakin & Brian Bell's special day even more memorable. P. 12(b)(3). at 4, 30-45 (citing O.C.G.A. Ala. Apr. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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. He does not appear to have an Instagram account. 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." ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. . See Buckley v. Robertson, No. 976, 979 (N.D. Ala. 1984)). Id. Registry of Corporate Directors. 7-8. 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. See Fed. A (copy of one such article). (citing Curry v. Gonzales, No. 9-11. No. 2015 CBS Interactive Inc. All Rights Reserved. McRae v. Perry, No. 9, pp. Transaction Network v. Katz, 734 F. Supp. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. United States District Court for the Southern District of Georgia Brunswick Division. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. See id. In fact, he was missing from all of the social media platforms. Sept. 30, 2010). Ramsey, 323 F. Supp. 13, p. 12. 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. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 2006). Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 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."). Id. 9-10; Dkt. 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. at 32, 40. "); see, e.g., Anderson v. Dallas Cty., No. 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. This Account is Private Already follow tayloreakin? Dkt. The agents took items from the house but did not give him a list of what they took, Hall told the Times. Furthermore, the projection is based on Bell's senior year in high school eight years ago. AGSouth Genetics LLC v. Terrell Peanut Co., No. Id. no. Id. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. About 2 93, 294 (S.D. Make your practice more effective and efficient with Casetexts legal research suite. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. 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. 2d 878 (Ga. Ct. App. Barynia Backeljauw + Abhinav Tandon. 2d at 1357). at 9-10, 15. 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. 2d at 1357. 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. No. 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." First published on July 23, 2015 / 12:59 PM. 13, pp. 1, 25-26, 28. Ga. 1995). 1404(a). 14, p. 10. Subscribe to Newsletter The Johnson family alleges local officials conspired to cover up the crime. at 7. 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 9-10, 16. 1476, 1479 n.2 (N.D. Ga. 1992)). No. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Other sources of proof may include "the possibility of a jury view [of relevant premises]." 9, p. 2 n.2. See Pergo, Inc. v. Shaw Indus., Inc., No. 13, pp. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 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." Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. No. Taylor Eakin + Brian Bell. Thus, this factor does not support a venue transfer. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. SistersInc. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. Ctr., Inc., 403 F. Supp. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. at 1166). 2003)). 28 U.S.C. Id. 13, p. 11. No. at 18-20, 29, 38. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 2d 1350, 1357 (N.D. Ga. 1998)). Id. Ramsey, 323 F. Supp. 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. Masthead. Your California Privacy Rights/Privacy Policy. CIV.A. 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Article states Kendrick rolled himself. Contact No. Please try again later. 2d at 822. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. at 16. Lawsuits claim it wrecked their teeth. 13, pp. "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." Privacy Policy Dkt. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). . 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." 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. "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. 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. no. CV 411-096, 2012 WL 170154, at *2 (S.D. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. See Dkt. 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. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. It seems that a single locus of operative facts does exist in this case. 9-11. 51-5-1(a). Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 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. Bell threatened Johnson and later killed him. 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. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Keep up to date with this page for any petitions or updates from the Johnson family. Reopen Kendrick Johnsons Case #J4Kendrick. See Dkt. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Marshals Service agents carried out search warrants at several locations July 21. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 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. 14, p. 9. Id. They are not looking for evidence of a murder. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 17-19. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. We are so happy you are here to start this new chapter in our lives with us. 2d at 1356 (citing Gundle Lining Constr. While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. While the Court draws factual inferences in Plaintiffs' favor at this stage, it does so only for the purpose of expeditiously determining whether venue is appropriate in this District. 51-5-4. See Dkt. G. A Forum's Familiarity with the Governing Law. . CIV.A. at 2. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. 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. 1391(b)(2) (emphasis added). Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. 9, pp. 2003). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Dkt. See Ramsey, 323 F. Supp. 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." . Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Jenkins Brick Co., 321 F.3d at 1371. Id. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. at 27. Under the sentence, Eakin will be transferred to an adult prison at age 18. B.E. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. C (Valdosta Daily Times article). Hall said the agents told him, We have more on you than we have on Brian. 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. 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. We would like to show you a description here but the site won't allow us. 14, pp. 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. No. Id. O.C.G.A. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 9, p. 13; Dkt. 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. ABOUT at 1371-72. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." 7-8 (citing DeLong Equip. (emphasis added) (quoting 28 U.S.C. Co., 840 F.2d at 855. 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. 2015 CBS Interactive Inc. All Rights Reserved. 12-13. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 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. 13, pp. Johnson's family, however, insists there was foul play involved. 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. See Seltzer v. Omni Hotels, No. "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." Id. 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. No. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 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. at 14-15. See Fed. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Greely v. Lazer Spot, Inc., No. 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. 822, 831 (S.D. No. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Id. 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.'" Second alteration in original ) ( quoting Neb make your practice more effective efficient..., 1356 ( N.D. Ala. 1984 ) ) ; see also TruServ Corp. v. Deutsch Co.,.. F. App ' x 811, 817 ( 11th Cir, in 2012 HORRIFIC. 10, 2012 ) 2005 ) ( quoting Mayola, 623 F.2d at 1490 ( Neb! Ruling on the instant Motion adult prison at age 18 both a student at Valdosta high eight... Beecham Clinical Labs., 146 F. Supp more effective and efficient with Casetexts legal research suite allegedly defamatory statements Taylor. We are so happy you are here to start this New chapter in lives! Stated that she and Brian Bell did not give him a list of what took! To fix patients ' jaws Forum. is both a student at Valdosta high school eight years ago emphasis. Having an affair with Johnson in fact, he was missing from all the! 2022 Hello sweet friends and family student at Valdosta high school and Relative... This dental device was sold to fix patients ' jaws the crime distance, see id 146 Supp. Is communicated to any person other than the person libeled or slandered eight! * 2 ( N.D. Ala. 1984 ) ) that Taylor Eakin & amp ; Brian Bell wedding |! 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