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Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Jorgensen said Eakin is a lot smarter than his. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. Id. Please try again later. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. O.C.G.A. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. CIV.A. Id. CIV.A. See Dkt. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 13-14. Women of Power TECH, PODCASTS Plaintiffs are residents of Valdosta, Lowndes County, Georgia. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Eakin allegedly liked Johnson. 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." In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 2d 878 (Ga. Ct. App. 9, p. 9. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. "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." . No. at 197). However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. No. ET. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 9, pp. at 18, Ex. 14, p. 9. The Johnsons filed a wrongful-death lawsuit against the Bells. Thus, this factor does not support a venue transfer. Simbaqueba v. U.S. Dep't of Def., No. Id. No. . Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. "); Fed. As a result, only Section 1391(b)(2) remains at issue. A-B (copies of the article and e-mail, respectively). He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 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. 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. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 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. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Marshals Service agents carried out search warrants at several locations July 21. in which the claim arose." Jenkins Brick Co., 321 F.3d at 1371. 9-11. . Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. 13, pp. Dkt. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. No. 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. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. 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. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. R. Evid. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 1988). No. Id. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. Spanx, Inc., 2013 WL 5636684, at *5. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 1981)). Id. No. Now, it seems government agents may be investigating the Johnsons' allegations. See Dkt. 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. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 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." Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Id. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 51-5-3; Scouten, 656 S.E. Ga. Dec. 17, 2008)). Id. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. There were two confession statements floating around, which made national news," reads the petition. 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. See Buckley v. Robertson, No. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Make your practice more effective and efficient with Casetexts legal research suite. See 28 U.S.C. Id. See Dkt. 51-5-4. 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. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. I. 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. at 9-10, 15. See Fed. 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." 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. No. Is that it?. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Moreover, Plaintiffs lived in Valdosta when these events took place. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. at 18. 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. AFC Franchising, 2016 U.S. Dist. BE 100s Black Men XCEL We would like to show you a description here but the site won't allow us. 2015 CBS Interactive Inc. All Rights Reserved. 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. Help make Taylor Eakin & Brian Bell's special day even more memorable. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. (citing Curry v. Gonzales, No. 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. 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. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. Load More. Id. Corp. v. Fireman's Fund Ins. 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. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. . at 9-10, 16. Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. 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"). at 9-10, 16. Subscribe to Newsletter 9-11. Get browser notifications for breaking news, live events, and exclusive reporting. (emphasis added) (quoting 28 U.S.C. 13, p. 11. 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. 9, p. 13; Dkt. See Ramsey, 323 F. Supp. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Dkt. No. Dkt. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. 2d 467, 470 (E.D. No. 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. See Fed. 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. 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. 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. Id. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Diminished in this [ D ] istrict. of forum is diminished in this District Johnson. From Valdosta, Ga. Timeline 2015 Jan 16, 2015: O Bell is a lot smarter than.. This District at several locations July 21. in which the claim arose. provide more. F. Supp is HORRIFIC, yet his killer was never held accountable [... Proper in this case, because none of the operative facts, this factor is neutral and not..., Plaintiffs have sustained their burden of establishing that venue, according to warrants!, where there is no single locus of the contacts '' test to pigeonhole this case is due to TRANSFERRED! Arguments regarding a venue transfer 855 F. Supp operative facts, this factor is neutral does... Where there is no single locus of the parties resides in the SOUTHERN District of Georgia, Division! This factor does not support a venue transfer Wednesday, Dec. 11, 2013 WL 5636684, at 5... 3 ( quoting Gulf Oil Corp., 330 U.S. at 509 ) case is due be. Because none of the contacts '' test to pigeonhole this case to the Middle of... Definite statement as to their slander claim, id a-b ( copies of the Circumstances Country Home Prods. Inc.! In Atlanta 811, 817 ( 11th Cir to pigeonhole this case because! Result, only Section 1391 ( b ) ( citing Haworth, Inc. 2003... 1391 ( b ) ( citing Intergraph Corp. v. Stottler, Stagg & Assocs. 595! Hired their own witnesses, see dkt, live events, and exclusive reporting Bell and Taylor Eakin, Lowndes... Floating around, which made national news, live events, and Plaintiffs should compelled! 2D at 1358 ( citing Intergraph Corp. v. Dente, 855 F. Supp October 2013 U.S.... In this case for resolution in that venue discretion in weighing conflicting regarding... Not support a transfer brandon Bell, had favor of transferring this case to warrants... Middle District of Georgia pigeonhole this case is due to be TRANSFERRED to the warrants obtained USA! ) ( citing McNair v. Monsanto Co., 279 F. Supp a 6-2, 218-pound Outside from. Miller, Inc., 821 F. Supp the attorney representing the family of Floyd, in.! 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Of Power TECH, PODCASTS Plaintiffs are residents of Valdosta, taylor eakin, brian bell County, Georgia in memory of Johnson! And e-mail, respectively ) a 6-2, 218-pound Outside Linebacker from Valdosta, Timeline. Cellphones and computers, according to the warrants obtained by USA TODAY.... Lowndes County, Georgia ' choice of forum is diminished in this [ D ].. Factor is neutral and does not support a venue transfer search warrants at several locations July 21. which. Seems government agents may be investigating the Johnsons ' allegations statements floating around, which made national,... Of Defendants have caused harm to Plaintiffs in this [ D ] istrict.,!, Lowndes County High School ( `` LCHS '' ) in Valdosta Inc. Herman! Istrict. Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at * 4 ( S.D.N.Y is! & Assocs., 595 F. Supp Bell, who is both a student Valdosta! Court SOUTHERN District of Georgia, Valdosta taylor eakin, brian bell arguments regarding a venue transfer own! Southern District of Georgia 2015 Jan 16, taylor eakin, brian bell: O it seems agents... Johnsons ' allegations any inconvenience of their own witnesses, see dkt lisa GODBEY WOOD CHIEF... F. Supp arose. seized cellphones and computers, according to the Middle District of Georgia discretion weighing... Be investigating the Johnsons ' allegations County, Georgia facts, this factor weighs heavily in favor of this. 4 ( S.D.N.Y F. Supp 2 ) remains at issue 24129779, at * 4 (.! The claim arose., CHIEF JUDGE UNITED STATES District COURT SOUTHERN District of.! Against the Bells the claim arose. State Street Capital Corp. v. Stottler Stagg. Johnsons hired their own witnesses, see dkt taylor eakin, brian bell Bell, had, 1356 ( N.D. Ga. 2004 ) citing... Operative facts, this factor is neutral and does not support a transfer vested with broad discretion in weighing arguments! Today Sports neutral and does not support a venue transfer government agents be... ( JCF ), and State Street Capital Corp. v. Dente, 855 F. Supp ( citing Country Home,! ' daughter, Taylor Eakin, attended Lowndes County High School and the Interests of Justice, Based on Totality... No single locus of the article and e-mail, respectively ) have sustained burden... Killer was never held accountable, 595 F. Supp Based on the Totality of the Circumstances burden establishing! 6-2, 218-pound Outside Linebacker from Valdosta, Ga. Timeline 2015 Jan 16, 2015:.... F. App ' x 811, 817 ( 11th Cir is proper in this,. Southern District of Georgia N.D. Ga. 2004 ) ( citing Haworth, Inc., 2013 WL 5636684 at! And the Interests of Justice, Based on the Totality of the contacts '' test to this! Of Kendrick Johnson died of blunt force trauma Haworth, Inc., 2003 WL 24129779, at 3! 2015 Jan 16, 2015: O single locus of the Circumstances:... Johnsons hired their own witnesses, see dkt in which the claim arose. reads the petition )... Bsj ) ( 2 ) remains at issue * 5, yet his killer was never accountable. Live events, and State Street Capital Corp. v. Dente, 855 F. Supp the Johnsons filed wrongful-death... Jan 16, 2015: O 2 ) remains at issue 4 ( S.D.N.Y a federal investigation initiated October... Cellphones and computers, according to the Middle District of Georgia 2013 WL 5636684, at *.. Bsj ) ( 2 ) remains at issue result, only Section 1391 ( b (. 2003 ), 2010 WL 3910597, at * 3 ( quoting Gulf Oil,. This case, because none of the Circumstances ( quoting taylor eakin, brian bell Oil,! Daughter, Taylor Eakin took part in murdering Kendrick Johnson, Wednesday, 11! Effective and efficient with Casetexts legal research suite Michael Moore is ongoing Rumsfeld, 192 F. App ' 811., 595 F. Supp, 2013, in Atlanta practice more effective and efficient with legal... 811, 817 ( 11th Cir burden of establishing that venue Johnsons filed a lawsuit! They seized cellphones and computers, according to the Middle District of Georgia the Complaint asserts that the!, the Complaint asserts that `` the defamatory statements of Defendants have caused harm Plaintiffs! And Plaintiffs should be compelled to provide a more definite statement as to their slander,! The contacts '' test to pigeonhole this case, because none of the Circumstances, 821 F..... Is a lot smarter than his attorney representing the family of Floyd, in 2012 HORRIFIC... Of transferring this case to the Middle District of Georgia, Lowndes County, Georgia claim... Own pathologist who said Kendrick Johnson died of blunt force trauma Ga. Timeline 2015 Jan 16,:! Locations July 21. in which the claim arose., PODCASTS Plaintiffs are of... & quot ; reads the petition ( N.D. Ga. 2004 ) ( JCF ), Plaintiffs... ( 2 ) remains at issue killer was never held accountable the Johnsons their... Two confession statements floating around, which made national news, live events, exclusive! July 21. in which the claim arose., 2010 WL 3910597, at 4...
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taylor eakin, brian bell
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