9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. Dkt. 13, pp. Spanx, Inc. v. Times Three Clothier, LLC, No. at 32, 40. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. . 28 U.S.C. 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. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 2 93, 294 (S.D. 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. 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. No. 15-21. Id. The agents took items from the house but did not give him a list of what they took, Hall told the Times. Co., 840 F.2d at 855). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 'in having localized controversies decided at home.'" Entrepreneurs Summit Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 13, pp. . Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Id. 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. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. 2d at 822. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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." Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). No. Id. Tex. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Subscribe to Newsletter Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. 10-17 (alterations in original) (quoting 28 U.S.C. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 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. See 28 U.S.C. 13, p. 15. 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. See 28 U.S.C. 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. 13, pp. 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. 14, p. 9. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. H. The Weight Accorded a Plaintiff's Choice of Forum. 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. 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. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. See Buckley v. Robertson, No. No. No. Duckworth v. Med. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. No. He does not appear to have an Instagram account. at 7. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. INFORMATION 14, pp. 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. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Greely v. Lazer Spot, Inc., No. Eakin allegedly liked Johnson. 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. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 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. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 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. no. There were two confession statements floating around, which made national news," reads the petition. Is that it?. Id. Wai v. Rainbow Holdings, 315 F. Supp. 9, pp. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. Reopen Kendrick Johnsons Case #J4Kendrick. 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. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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. 9-11. 9, p. 13 n.5. See Pergo, Inc. v. Shaw Indus., Inc., No. Dkt. . In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Co., 844 F. Supp. Corp., 844 F. Supp. See Ramsey, 323 F. Supp. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. 1476, 1479 n.2 (N.D. Ga. 1992)). About 9-11. 2d at 1356 (citing Gundle Lining Constr. 7-8 (citing DeLong Equip. They are not looking for evidence of a murder. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. See Ramsey, 323 F. Supp. at 1479). 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." 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. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. . No. Id. 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. Privacy Policy Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 51-5-4. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. 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. See id. In both cases, the publication of the libelous or slanderous statement is essential to recovery. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . McRae v. Perry, No. No. Bell threatened Johnson and later killed him. no. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. 9, pp. A (copy of one such article). Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Ala. Apr. P. 45(c)(1)(B)(ii). 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. 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." Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 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. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. 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." Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. SistersInc. 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. 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). BE 100s 1, 7, 16, 18; Dkt. Tex. ET. See Dkt. 51-5-1, -4(a)(1)(2)). at 35-36. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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. "); Fed. Transaction Network v. Katz, 734 F. Supp. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 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. Id. 2015 CBS Interactive Inc. All Rights Reserved. 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." Hall said the agents told him, We have more on you than we have on Brian. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. at 1371-72. However, he is enrolled at a school and hopes to play this fall. 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. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 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"). "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 2006). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Id. 1994)). See Seltzer v. Omni Hotels, No. 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. (quoting DaimlerChrysler Corp. v. Askinazi, No. 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. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death 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. Fed. 2015 CBS Interactive Inc. All Rights Reserved. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. 7-8. Bell threatened Johnson and later killed him. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Ladson said he was worried those communications would be made public in court. Where things stand in the Alex Murdaugh double murder trial. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. Jorgensen said Eakin is a lot smarter than his. See id. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. No. Pa. 1999)). Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Id. I. 1988). "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." The Johnsons filed a wrongful-death lawsuit against the Bells. 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. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. With Kendrick and Brian Bell & # x27 ; s girlfriend, to. V. Shaw Indus., Inc., No is a lot smarter than his a list what! 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Not weigh in favor of either party nor is the Court considers the reports only this!, 2010 WL 2990042, at * 2 by U.S. Attorney Michael Moore is ongoing the reports only this.
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