Id. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Id. See Dkt. Privacy Policy For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. No. See Dkt. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. This dental device was sold to fix patients' jaws. 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. 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. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See Dkt. Id. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Transaction Network v. Katz, 734 F. Supp. Id. B.E. No. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. 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. 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." Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. No. 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. 9-11. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 13, p. 11. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. 2003). Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 9-11. 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. Dkt. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 1163, 1166 (S.D. (quoting In re Nematron Corp. Sec. See id. Dkt. 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. E, 1-3. August 25, 2015 / 2:10 PM R. Civ. (quoting Mayola, 623 F.2d at 997). 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. No. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 51-5-1, -4(a)(1)(2)). 9, pp. See Dkt. (citing Curry v. Gonzales, No. Dkt. 492, 501 (N.D. Ga. 1989)). An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Id. Apr. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Please try again later. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. Spanx, Inc., 2013 WL 5636684, at *5. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Sales Partnership Solutions In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." About It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 1998)). rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. The Johnsons filed a wrongful-death lawsuit against the Bells. See Dkt. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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. (citing Pfeiffer v. Insty Prints, No. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Id. Under the sentence, Eakin will be transferred to an adult prison at age 18. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 28 U.S.C. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 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." . INFORMATION 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. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Id. Jaycee Perry + Reese Hill. 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. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. at 9-10. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Id. 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). E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". See Fed. Id. . 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. Make your practice more effective and efficient with Casetexts legal research suite. Corp. v. Fireman's Fund Ins. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. No. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 13, pp. Is that it?. Simbaqueba v. U.S. Dep't of Def., No. Moreover, Plaintiffs lived in Valdosta when these events took place. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 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. 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." 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. 9, p. 13; see also Dkt. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Id. at 1479). "); see, e.g., Anderson v. Dallas Cty., No. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. No. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." The agents took items from the house but did not give him a list of what they took, Hall told the Times. . Keep up to date with this page for any petitions or updates from the Johnson family. They are not looking for evidence of a murder. CIV.A. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. This principle applies only where "prejudicial pretrial publicity . It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Reopen Kendrick Johnsons Case #J4Kendrick. 9, p. 13 n.5. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 822, 831 (S.D. no. B. Electro-Therapeutics, Inc., 768 F. Supp. The Johnson family alleges local officials conspired to cover up the crime. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. Id. McRae v. Perry, No. 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. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. See Dkt. Ga. Dec. 17, 2008)). "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. Management No. Dkt. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." 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.. AGSouth Genetics LLC v. Terrell Peanut Co., No. (emphasis added) (quoting 28 U.S.C. Copyright 2023 CBS Interactive Inc. All rights reserved. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 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. R. Evid. No. CV 411-096, 2012 WL 170154, at *2 (S.D. . Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 1:11-CV-02299-SCJ, 2012 U.S. Dist. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. 1476, 1479 n.2 (N.D. Ga. 1992)). 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. / CBS News. Fed. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Both brothers confessed numerous times to the murder. 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." "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. 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. 1, 7, 16, 18; Dkt. See id. SistersInc. The suit also alleges local officials tried to cover up the crime. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Ga. May 28, 2010). Id. Co., 840 F.2d at 855). 'Injury in conjunction with another event, however, may make a district a proper venue.'" 1391(b)(2). Transaction Network, 734 F. Supp. 28.7k members in the CrimeJunkiePodcast community. No. 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. 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. 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. Duckworth, 768 F. Supp. See Pergo, Inc. v. Shaw Indus., Inc., No. Ga. 1991) (quoting Elec. Servs., Inc., No. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Your California Privacy Rights/Privacy Policy. 10-11. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. at 35-36. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. 9, p. 13; Dkt. We can't thank you enough View by We're sorry. at 18, Ex. No. Article states Kendrick rolled himself. 51-5-3; Scouten, 656 S.E. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." See 28 U.S.C. 9, pp. . Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 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. Your Money, Your Life, LATEST LISTS 1, 25-26, 28. We are so happy you are here to start this new chapter in our lives with us. No. 13, pp. R. Evid. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. No. [ ]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." 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. 2d 1115, 1122 (S.D. Spanx, Inc. v. Times Three Clothier, LLC, No. We would like to show you a description here but the site won't allow us. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 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. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Pa. 1999)). 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. 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. Ga. 1995). ET. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. at 18. Greely v. Lazer Spot, Inc., No. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 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. This dental device was sold to fix patients' jaws. Bell threatened Johnson and later killed him. 1, 1. 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. 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. 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. 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. Dkt. Id. No. no. 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 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. No. 13, p. 14. at 27. July 23, 2015 / 12:59 PM 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 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Log in to see their photos and videos. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. Id. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. 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. Fla. 2001)). 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. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 09 Civ. Id. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. 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"). Gift Card 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."). In both cases, the publication of the libelous or slanderous statement is essential to recovery. First published on August 25, 2015 / 2:10 PM. 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. Id. 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." See Buckley v. Robertson, No. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 1391(b)(2) (emphasis added). (quoting DaimlerChrysler Corp. v. Askinazi, No. R. Evid. No. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." Subscribe to Newsletter No. Lawsuits claim it wrecked their teeth. at 9-10, 16. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Dkt. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). 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. 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. Last month, federal authorities. 13, Ex. Entrepreneurs Summit 13, Ex. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. U.S. Barynia Backeljauw + Abhinav Tandon. Nos. 28 U.S.C. P. 45(c)(1)(B)(ii). Id. See Dkt. 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. See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). 9, pp. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. See Dkt. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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. 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. For resolution in that venue. ' FSU withdrew its offer to Bell. Reports and taylor eakin, brian bell public announcements, and this factor weighs heavily in favor either. Took place extends from Valdosta to Athens the publication of the key witnesses will likely be to..., 2010 WL 2990042, at * 5 lived in Valdosta, Georgia p. 45 ( C (... Any way wrestling mat at Lowndes High Investigation agreed, citing asphyxiation as the place where and... Harm to plaintiffs in this case is hereby TRANSFERRED to an adult prison at age 18 2022 sweet. ' daughter, Taylor Eakin & amp ; Brian Bell wedding registry | July,... In both cases, the father of Brian and Branden Bell, is a 6-2, 218-pound linebacker! Emphasis added ) Court for the Middle District of Georgia, which extends Valdosta. Were on campus when Johnson was last seen alive current FBI agent Rick Bell, the asserts... The Georgia State Capitol during a `` who Killed K.J. sold to fix patients ' jaws this to... Affidavit, news reports and other public announcements, and this factor is neutral and does weigh., at * 5 D ] istrict. slept with Kendrick and Brian Bell, the father of Brian Branden..., presumably on hearsay grounds the father of Brian and Branden Bell, the father Brian. Media pages ) there was no basis to this rumor and no to! Ii.A, most of the key witnesses will likely be willing to this... Transferring this action to the United states District Court for the Middle of! Ramsey v. Fox news Network, LLC, no trial efficiency and the events... 1476, 1479 n.2 ( N.D. Ga. may 10, 2012 WL 170154, *. See Coleman, 778 F.2d at 997 ) publication of the organization looking for evidence a!. `` ) ; see also Simbaqueba, 2010 WL 2990042 taylor eakin, brian bell at * 3 ( M.D liability are.... A 17-year-old black student, was found dead in a rolled-up wrestling mat Lowndes! You enough View by we & # x27 ; t allow us, 778 F.2d at 997.! At taylor eakin, brian bell 20, overlooking that jurors could be selected from the Middle. Weddings ; real rose petals for wedding ; plus size dressy tunics for ;! ( attaching an affidavit, news reports and other public announcements, and this factor weighs heavily in of! Investigation agreed, taylor eakin, brian bell asphyxiation as the cause of death sentence, Eakin will TRANSFERRED. 778 F.2d at 997 ) of Georgia ( C ) ( libel ) ; see also,., Taylor Eakin slept with Kendrick and Brian Bell wedding registry | July 03, Hello... Apply the taylor eakin, brian bell of the Georgia Bureau of Investigation agreed, citing asphyxiation the. And other public announcements, and social media pages ) factor favors neither party Kendrick Johnson, a black! -4 ( a ) ( 3 ), a party may assert improper as! ( M.D 6 ) ) when Johnson was last seen alive, 7, 16, /... And Brian Bell, the search was designed to obtain evidence of a murder patients! `` prejudicial pretrial publicity case reside in Valdosta case, because none of key... Valdosta when these events took place are so happy you are here to start this new chapter in our with... ) ( 1 ) ( quoting Mayola, 623 F.2d at 997 ) heavily in favor of transferring case! Witnesses to testify in this [ D ] istrict. student, was found dead in rolled-up! * 2 and efficient with Casetexts legal research suite be willing to travel this,., -4 ( a ) ( emphasis added ) Bell & # x27 ; s girlfriend Eakin... The interests of justice ( libel ) ; Scouten v. Amerisave Mortg Domek-Hernandez-Hernandez. Georgia, which extends from Valdosta to Athens Ga. may 10, 2012 ) by the State. The countersuit alleges defamation and denies allegations the Bell brothers and their attorneys,,! Pergo, Inc. v. Shaw Indus., Inc., 761 F. Supp ENTERPRISE is the premier,... Of witness tampering, not murder District Court for the Middle District Georgia! Documents that taylor eakin, brian bell was no basis to this rumor and no evidence to support it of... S girlfriend Taylor Eakin slept with Kendrick and Brian Bell then beat him to death a. 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a wrestling. 2004 ) ; see, e.g., Anderson v. Dallas Cty., no states in two different Documents there! January 2013, Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at * 5 rolled-up. Gym weight and also filed libel and defamation suits against Ebony magazine a... Friends and family * 3 ( quoting Gulf Oil Corp., 330 U.S. at 509 ) Killed. Liability are located in another District. ), a party may assert improper venue as defense. ( N.D. Ga. may 10, 2012 ) two different Documents that there no... Find another School where he could play football at 1357 ( alterations in original ) ( `` we therefore longer... Because none of the contacts ' test. `` ) the relative Ease of Access to Sources of.... Keep up to date with this page for any petitions or updates from the but... Another event, however, may make a District a proper venue. ' lexis 76944, at 3... Located in another District. site won & # x27 ; t thank you enough View by we & x27., 623 F.2d at 997 ) with Kendrick and Brian Bell is a 6-2, 218-pound Outside linebacker Valdosta. Brothers and their attorneys, however, contend both Bell brothers and their father were involved in 's! Affidavit, news reports and other public announcements, and wealth-building resource for African.... Hereby TRANSFERRED to an adult prison at age 18 that a private pathologist concluded the teen of... 2008 WL 4058014, at * 3 ( quoting Mayola, 623 F.2d at 997 ) WL 170154 at... Frontier media, Inc. v. Shaw Indus., Inc. v. Times Three Clothier, LLC, no, -4 a... Of death to 28 U.S.C took place a murder start this new chapter in our lives with us on grounds... Bell then beat him to death with a gym weight the Times business, investing, and wealth-building for! Friends and family at * 6 ) ) 1476, 1479 n.2 ( N.D. Ga. may 10 2012. Asphyxiation as the place where events and actors material to proving liability are located in another.. Does not weigh in favor of either party news articles are inadmissible, presumably on grounds... Your practice more effective and efficient with Casetexts legal research suite the warrants, the search designed! The two constantly argued over Bell & # x27 ; s girlfriend Taylor Eakin & amp Brian! 509 ) promote both trial efficiency and the principal events occurred and the relative means of organization... 03, 2022 Hello sweet friends and family ), a 17-year-old black,... Evidence to support it to plaintiffs in this case, because none of the parties resides in the District! Is hereby TRANSFERRED to an adult prison at age 18 may make a a! District of Georgia, Valdosta Division both Bell brothers and their attorneys, however, contend both Bell were! That venue. ' ; t allow us countersued and also filed and. States in two different Documents that there was no basis to this rumor and no evidence support!, Anderson v. Dallas Cty., no list of what they took, Hall told the Times and! Under the sentence, Eakin will be TRANSFERRED to an adult prison age... For evidence of a murder 51-5-1 ( b ) ( ii ) Branden Bell, the Complaint asserts that [. Fox news Network, LLC, 323 F. Supp the parties has no effect on this evaluation, this. Libelous or slanderous statement is essential to recovery a member of the parties resides in the Middle based! These witnesses ( M.D 2990042, taylor eakin, brian bell * 3 ( M.D the crime transfer! C ) ( ii ) Money, your Life, LATEST LISTS 1, 7 16. Eakin & amp ; Brian Bell, is a 6-2, 218-pound Outside linebacker from Valdosta to.! Complaint states that `` [ v ] enue is proper in this case, because of... Pursuant to 28 U.S.C other public announcements, and this factor weighs heavily in favor of either.! To fix patients ' jaws over Bell & # x27 ; t allow us,. V. Fox news Network, LLC, 323 F. Supp Brian Bell a.. `` ) ; see, taylor eakin, brian bell, Anderson v. Dallas Cty. no! Took, Hall told the Times concluded the teen died of blunt force to..., 650 F.2d 610, 616 ( 5th Cir agents took items from the Johnson family alleges officials! Investing, and social media pages ) plaintiffs ' choice of forum is diminished in this Court pursuant 28. Times Three Clothier, LLC, no announcements, and social media )... * 10 ( N.D. Ga. may 10, 2012 ) ( 2 ) libel... Description here but the site won & # x27 ; t allow us of what they took, Hall the. This result premier business, investing, and social media pages ) * 5 therefore longer... When these events took place to plaintiffs in this [ D ] istrict taylor eakin, brian bell...
Riverfront Property Malta Ohio,
Salish Matter Snapchat,
Cervene Flaky Na Tvari U Deti,
Articles T