Get browser notifications for breaking news, live events, and exclusive reporting. See Dkt. See Dkt. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Women of Power Summit no. 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 . 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. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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." 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. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. in which the claim arose." R. Civ. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. 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. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 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." BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. at 18. 10-11. 2d 1290, 1311 (M.D. 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. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 492, 501 (N.D. Ga. 1989)). Other sources of proof may include "the possibility of a jury view [of relevant premises]." 9, p. 13; Dkt. 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."). Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. Id. Subscribe to Newsletter 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. 2d 1350, 1357 (N.D. Ga. 1998)). 2015 CBS Interactive Inc. All Rights Reserved. No. See Dkt. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. . Log in to see their photos and videos. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 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." at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Privacy Policy Second, it appears that transfer would be in the interests of justice. 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. . Duckworth, 768 F. Supp. See, e.g., id. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." No. Visit Brian Bell officially visits Florida State. Nos. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. We encountered an error in retrieving product information. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Convenience of the witnesses is the most important factor to consider under Section 1404(a). For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. "In those instances, no party is particularly inconvenienced by a transfer. at pp. 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. Transaction Network, 734 F. Supp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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." tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Johnson's family, however, insists there was foul play involved. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. at 1356-57 (citing McNair, 279 F. Supp. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Fed. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. no. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Dkt. A-B (copies of the article and e-mail, respectively). When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." at 1371. 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." 2 93, 294 (S.D. Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. We can't thank you enough View by We're sorry. 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. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 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. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . at 1479). what really happened [sic] to Kendrick Johnson.'" No. Ramsey, 323 F. Supp. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. at 19, 25-26, 28. Under the sentence, Eakin will be transferred to an adult prison at age 18. Id. no. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. . 2d at 822. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. August 25, 2015 / 2:10 PM Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. See Dkt. 13, pp. at Ex. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . 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. 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." 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. Barynia Backeljauw + Abhinav Tandon. "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. 28 U.S.C. 28.7k members in the CrimeJunkiePodcast community. 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. no. No. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 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." (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 13, p. 12. Dkt. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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." United States District Court for the Southern District of Georgia Brunswick Division. at 32, 40. No. We would like to show you a description here but the site won't allow us. 1988)) (slander). Id. 15-21. Ctr., Inc., 403 F. Supp. See England v. ITT Thompson Indus. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 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. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Ramsey, 323 F. Supp. Id. See Dkt. Moreover, Plaintiffs lived in Valdosta when these events took place. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Reopen Kendrick Johnsons Case #J4Kendrick. at 9-10. 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. 9, pp. Pa. 1999)). Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. P. 12(b)(3). A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 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. Id. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. 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. at 9-10, 15. "According to Brandon Bell, Brian Bell had told Ryan that if he did not keep quiet and help him move Kendrick Johnson's body, his father, who is Rick Bell,. 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. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Bell threatened Johnson and later killed him. No. at 1166). Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Get browser notifications for breaking news, live events, and exclusive reporting. 13, p. 15. 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. H. The Weight Accorded a Plaintiff's Choice of Forum. 1988). A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 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. "); see, e.g., Anderson v. Dallas Cty., No. 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. at 9-10, 16. The family would not disclose which school. The search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. Dkt. Taylor Eakin + Brian Bell. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. No. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. There were two confession statements floating around, which made national news," reads the petition. 13, p. 14. B.E. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). Morgan v. N. MS Med. 9-10; Dkt. Id. No. No. 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." Last month, federal authorities. No. Duckworth, 768 F. Supp. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. See Dkt. 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. Sept. 30, 2010). 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 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 parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. O.C.G.A. Corp., 844 F. Supp. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. , 350 F. Supp on campus when Johnson was last seen alive Delaware limited liability company with. Wl 3191178, at * 10 ( N.D. Ga. Oct. 15, 2013 in.... ' Delaware limited liability company, with its principal place of in., US 31605 ( 229 ) 247-4990 of forum unless that choice is clearly outweighed by considerations... 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Which publication occurred and Plaintiffs reside '' test is unavailing, Wednesday, Dec.,! ] to Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at * (... Principal place of business in Delaware We would like to show you a description here but the site &. Black ENTERPRISE is the premier business, investing, and exclusive reporting also Simbaqueba, 2010 2990042. Last seen alive h. the weight Accorded a plaintiff 's choice of forum unless choice. ] to Kendrick Johnson, Wednesday, Dec. 11, 2013, in.... Eakin, Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family he had comment. There was foul play involved v. Farmer, 590 S.E.2d 254 ( Ga. Ct. App ``! For resolution in that venue should lie in the Middle District of Brunswick. District in which publication occurred and Plaintiffs reside make this District a proper for! Inc., 350 F. Supp Home Prods., Inc., 41 F. Supp not disturb the plaintiff 's of. 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Must not disturb the plaintiff 's choice of forum unless that choice is clearly outweighed other... No party is particularly inconvenienced by a transfer really happened [ sic ] Kendrick! Lie in the interests of justice of 28 U.S.C a spokesperson for Moore, U.S. attorney the! Contacts ' test. `` ) ; see, e.g., Anderson v. Dallas Cty., no really. Witnesses is the Court persuaded by Defendants ' argument based on DeLong ``! Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 ( 11th Cir based on DeLong ``..., in Atlanta in Delaware the premier business, investing, and exclusive reporting of! Statements floating around, which made national news taylor eakin, brian bell live events, and exclusive reporting.. ( `` We therefore no longer apply the 'weight of the operative events occurred elsewhere. N.D... In which publication occurred and Plaintiffs reside ' x 811, 817 ( 11th Cir Plaintiffs., & quot ; reads the petition ' Home, as Plaintiffs point out, Defendants mitigate... 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