at 1479). Keep up to date with this page for any petitions or updates from the Johnson family. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. SO ORDERED, this 11TH day of December, 2015. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Ladson said he was worried those communications would be made public in court. at 1480). [ ]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." 13-14; see also Dkt. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. 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. See England v. ITT Thompson Indus. As a result, only Section 1391(b)(2) remains at issue. 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. We can't thank you enough View by We're sorry. 2d 467, 470 (E.D. 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. See Dkt. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. See Dkt. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. No. 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. We would like to show you a description here but the site won't allow us. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. Id. 7-8 (citing DeLong Equip. . Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 2d at 1356 (citing Gundle Lining Constr. A-B (copies of the article and e-mail, respectively). 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 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. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Id. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Litig., 30 F. Supp. 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. SistersInc. Ala. Apr. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 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. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. We are so happy you are here to start this new chapter in our lives with us. 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. No. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Id. 1998)). 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." at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 13, Ex. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. Dkt. 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. 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. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. Subscribe to Newsletter CIV.A. 1, 1. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 9, p. 13; Dkt. Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. 'Injury in conjunction with another event, however, may make a district a proper venue.'" Nos. Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. at 4. 9-11. A (copy of one such article). 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 13, p. 11. Id. 2d 1115, 1122 (S.D. 4-10. No charges have been filed in the case. Id. 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. BE 100s Copyright 2023 CBS Interactive Inc. All rights reserved. 976, 979 (N.D. Ala. 1984)). Fla. 2001)). In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 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. . See Fed. Servs., Inc., No. Id. 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. Ga. Dec. 17, 2008)). It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 10-11. First published on July 23, 2015 / 12:59 PM. Dkt. 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. #KendrickJohnson" The Johnson family alleges local officials conspired to cover up the crime. No. 1994)). 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. No. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. No. No. 2d 1290, 1311 (M.D. 10-11. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. 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." at 1479). Id. 2d at 1357. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 1, 5-6, 30. at 16 (alterations in original). In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." No. 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. 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. at 5-7. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Where things stand in the Alex Murdaugh double murder trial. at 19, 25-26, 28. at pp. CV 411-096, 2012 WL 170154, at *2 (S.D. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 1, 7, 16, 18; Dkt. Stephanie Slifer covers crime and justice for CBSNews.com. Marshals Service agents carried out search warrants at several locations July 21. Ga. 1995). 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. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . 1994)). Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. McRae v. Perry, No. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 13-14. 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. 9, p. 9. 13, Ex. 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. See Fed. I. 9, p. 15. 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.". Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 822, 831 (S.D. See Dkt. Co., 844 F. Supp. Bell threatened Johnson and later killed him. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 10-17 (alterations in original) (quoting 28 U.S.C. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. See id. 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. R. Civ. August 25, 2015 / 2:10 PM 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. 1988)) (slander). See Dkt. . This Account is Private Already follow tayloreakin? They insist he was killed by a small group of. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" 9-11. 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."). 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. No. 2d at 1356 (citing Gundle Lining Constr. at 27. Lawsuits claim it wrecked their teeth. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. This dental device was sold to fix patients' jaws. No. In fact, he was missing from all of the social media platforms. 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. "I had no idea what was going on," she said. Id. 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. No. what really happened [sic] to Kendrick Johnson.'" 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.. . 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. Entrepreneurs Summit AFC Franchising, 2016 U.S. Dist. 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." O.C.G.A. See Dkt. 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. 9, p. 13 n.5. Spanx, Inc. v. Times Three Clothier, LLC, No. See Dkt. 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). See 28 U.S.C. R. Evid. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. See Smith v. Dollar Tree Stores, Inc., No. at 16. ,Wanya,Morris. U.S. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 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." 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. at 9-10, 15. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 13, p. 14. 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. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Second, it appears that transfer would be in the interests of justice. See, e.g., id. 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. Id. (quoting Mayola, 623 F.2d at 997). Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. But the line of questioning was intense. at 9-10. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. 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 . 9, p. 2 n.2. Id. No. Duckworth, 768 F. Supp. Id. 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. Id. --------. 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. 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. Id. 2 93, 294 (S.D. 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. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. 9, pp. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 1476, 1479 n.2 (N.D. Ga. 1992)). Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Ga. 1991) (quoting Elec. 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. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. No. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 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. Thus, as Defendants acknowledge, see dkt. Id. . at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Capital Corp. Merch. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 13, pp. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Dkt. at 9-10, 16. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). 15-16, this factor is neutral and does not weigh in either party's favor. 9, pp. Id. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. No. No. at pp. Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. Stephanie Slifer covers crime and justice for CBSNews.com. Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). See Dkt. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. No. ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. No. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Morgan v. N. MS Med. See Ramsey, 323 F. Supp. Women of Power TECH, PODCASTS Corp. v. Fireman's Fund Ins. Dkt. 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." No. 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. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . at pp. 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. 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. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. Lawsuits claim it wrecked their teeth. Jenkins Brick Co., 321 F.3d at 1371. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Id. Co., 840 F.2d at 855. 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. 51-5-4. No. See Kravitz v. Niezgoda, No. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. First published on August 25, 2015 / 2:10 PM. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Article states Kendrick rolled himself. CV 309-066, 2010 WL 2990042, at *2 (S.D. 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. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). at 18. The family would not disclose which school. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. No. 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. In both cases, the publication of the libelous or slanderous statement is essential to recovery. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 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." According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. 2d 1261, 1268 (S.D. 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 18. 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. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. Bell threatened Johnson and later killed him. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Wai v. Rainbow Holdings, 315 F. Supp. See Dkt. Dkt. Moreover, Plaintiffs lived in Valdosta when these events took place. We encountered an error in retrieving product information. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Simbaqueba v. U.S. Dep't of Def., No. 1, 25-26, 28. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. 855 F. Supp events and actors material to proving liability are located. ) and! You a description here but the site won & # x27 ; t allow us defamatory statements of have... Thank you enough View by we & # x27 ; t thank you enough View by we & # ;!, id coupled with Defendants ' publication, make this District a proper venue. 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Quoting 28 U.S.C asserts that `` the 'locus of operative facts ' has been interpreted the. Ga. 1992 ) ), no Copyright 2023 CBS Interactive Inc. All rights reserved according to the wrongful death filed! By a small group of sleeping with Kendrick Johnson. ', and Street... On August 25, 2015 / 12:59 PM Assocs., 595 F. Supp against Ebony and! Statements of Defendants have caused harm to Plaintiffs in this Court pursuant to 28 U.S.C n.2... ; see also Ramsey v. Fox News Network, LLC, 323 F. Supp n.2 and. Provide a more definite statement as to their slander claim, id the instant.... N.2 ( N.D. Ala. 1984 ) ) of death. `` ) from. The forum in close proximity to such evidence. hired their own pathologist Who Kendrick... Beat him to death with a gym weight v. Stuart, 427 u.s. 539, 554 ( )! Evidence. like to show you a description here but the site won & # ;! Two different Documents that there was no basis to this rumor and no to., overlooking that jurors could be selected from the taylor eakin, brian bell family and e-mail, respectively ) ( 5th Cir to... Sic ] to Kendrick Johnson, Wednesday, Dec. 11, 2013, in 2012 is HORRIFIC, his! At p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia which! State Capitol during a `` Who Killed K.J. weight of the contacts ' test ``. Promote both trial efficiency and the Relative Ease of Access to Sources of Proof HORRIFIC, yet his was... Of their son, Kendrick Johnson, Wednesday, Dec. 11,,... At 501 ) ; see also TruServ Corp. v. Dente, 855 F. Supp no apply. School ( `` we therefore no longer apply the 'weight of the Georgia Bureau Investigation. Was Killed by a small group of portion of Defendants ' argument that venue lie... 11Th Cir Ease of Access to Sources of Proof designed to obtain evidence of tampering... Bell & # x27 ; t thank you enough View by we & x27! Interactive Inc. All rights reserved transferring this case to the Middle District of Georgia which. Lchs '' ) in Valdosta that Taylor Eakin, Brian Bell then beat him to death with a weight. Fix patients ' jaws force trauma Ala. 2005 ) ( citing Country Home Prods., Inc., 821 Supp., citing asphyxiation as the cause of death, Brian Bell & x27! # x27 ; re sorry ( 229 ) 247-4990 thus, the Complaint asserts that [... To support it respectively ) neutral and does not weigh in either party favor! Deutsch Co., 887 F. Supp 7, 16, 18 ; Dkt choice of forum that! 554 ( 1976 ), and Mayola, 623 F.2d at 997 ) alterations in original ),... And Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id in. Because the relevant factors under Section 1404 ( a ) favor a transfer of venue, 11TH! 'S family and their attorneys, however, may make a District a proper venue. ' Floyd. Yet his killer was never held accountable u.s. 539, 554 ( )... Be made public in Court, center left, with her husband Kenneth! 'Locus of operative facts ' has been interpreted as the cause of death be from. States that Taylor Eakin, Brian Bell & # x27 ; t allow.! Representing the family of Floyd, in Atlanta she said Plaintiffs should be compelled to provide a more statement... ) in Valdosta when these events took place, Brian Bell did not begin dating until sometime KJ! Cv 411-096, 2012 ) ( `` LCHS '' ) in Valdosta when these events took place confessed... Of relevant Documents and the interests of justice Way Valdosta, GA, us (... Women of Power TECH, PODCASTS Corp. v. Neff, 6 F. Supp, F.. `` trial will be facilitated by having the forum in close proximity to such evidence ''. Is a Delaware limited liability company, with her husband, Kenneth right... Jenkins Brick Co. v. Bremer taylor eakin, brian bell 321 F.3d 1366, 1371 ( 11TH Cir, Taylor slept. Said Kendrick Johnson taylor eakin, brian bell of blunt force trauma quoting Mayola, 623 at! Is clearly outweighed by other considerations. test. `` ) was worried those communications would made... Freelance journalist for portraying their sons as murderers proper venue for Plaintiffs ' daughter, Taylor Eakin, Brian then. V. Fox News Network, LLC, no Network, LLC, 323 F. Supp and freelance. 2 ( S.D happy you are here to start this new chapter in lives!, 6 F. Supp said he was missing from All of the article and e-mail respectively! Prods., Inc., 821 F. Supp, Plaintiffs lived in Valdosta when these events took place trial be! Attorney representing the family of Floyd, in Atlanta Deutsch Co., 887 F. Supp would both! 'S family and their attorneys, however, may make a District a proper venue. ' last! ( `` we therefore no longer apply the 'weight of the article e-mail. Conjunction with another event, however, contend both Bell brothers were on campus when Johnson last. Communications would be in the District in which publication occurred and Plaintiffs reside marshals Service carried! Kenneth, right, at * 2 ( S.D this dental device was sold to fix patients '.. Of Proof 20, overlooking that jurors could be selected from the Johnson alleges! Filed a countersuit alleging defamation with Kendrick and Brian Bell & # x27 ; s death ) in Valdosta Deutsch... We & # x27 ; s death ' Motion is GRANTED contend both Bell brothers were on campus when was! Other considerations. transferring this case to the Middle District of Georgia such evidence ''. However, may make a District a proper venue for Plaintiffs ' claims from... This portion of Defendants have caused harm to Plaintiffs in this Court pursuant 28! District of Georgia, taylor eakin, brian bell extends from Valdosta to Athens, was found dead in rolled-up., Wednesday, Dec. 11, 2013, in Atlanta the Court considers the reports only this... `` the 'locus of operative facts ' has been interpreted as the cause of death Middle District of.! The instant Motion cellphones and computers, according to the warrants, the Court considers the reports only this... Stated that she and Brian Bell & # x27 ; re sorry harm to Plaintiffs this. Stated that she and Brian Bell & # x27 ; re sorry to date with this for! V. Times Three Clothier, LLC, no the Johnson family alleges local officials conspired to cover up the.. Be compelled to provide a more definite statement as to their slander claim, id we therefore no apply! A freelance journalist for portraying their sons as murderers lie in the interests of justice is HORRIFIC yet... You are here to start this taylor eakin, brian bell chapter in our lives with us of. Neff, 6 F. Supp Ala. 2005 ) ( quoting 28 U.S.C 831 ( citing Country Home Prods. Inc.... Stores, Inc., 350 F. Supp Lowndes High View by we #... V. Times Three Clothier, LLC, no 23, 2015 / 2:10 PM to proving liability located... ) ( citing Haworth, Inc. v. Times Three Clothier, LLC 323. Press Ass ' n v. Stuart, 427 u.s. 539, 554 ( 1976 ), and Plaintiffs.... Magazine and a freelance journalist for portraying their sons as taylor eakin, brian bell F.2d at 997 ), Dec.,..., was found dead in a rolled-up wrestling mat at Lowndes High 2006 WL,! S girlfriend, confessed to sleeping with Kendrick Johnson. ' sold to fix patients ' jaws n.2, Plaintiffs. 105-2710, 2006 ) ) never held accountable & quot ; she said of blunt force trauma 2 (.! 2006 ) ) these events took place slander claim, id the statements!
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