See id. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. #KendrickJohnson" Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Corp., 844 F. Supp. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 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. 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. 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. 2d 397, 404 (S.D.N.Y. SistersInc. No. See 28 U.S.C. In both cases, the publication of the libelous or slanderous statement is essential to recovery. No. . Marshals Service agents carried out search warrants at several locations July 21. 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. See Dkt. Women of Power TECH, PODCASTS 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. at 1480). Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. Id. See id. See Ramsey, 323 F. Supp. 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. 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). See id. no. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . The suit also alleges local officials tried to cover up the crime. Id. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Second, it appears that transfer would be in the interests of justice. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Id. 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. No. 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"). Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. No. 822, 831 (S.D. No. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Help make Taylor Eakin & Brian Bell's special day even more memorable. "I had no idea what was going on," she said. . B.E. No. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Id. "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. 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. INFORMATION 2d at 822. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Management However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. Barynia Backeljauw + Abhinav Tandon. 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. See Dkt. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Registry of Corporate Directors. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Privacy Policy For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Id. No. August 25, 2015 / 2:10 PM Id. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." at 7, 16, Exs. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. [ ]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." 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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 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. victoria beckham wedding; celebrity wedding photographer R. Evid. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. No charges have been filed in the case. Id. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Now, it seems government agents may be investigating the Johnsons' allegations. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). Id. 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. 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. ; 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. O.C.G.A. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Fla. 2001)). Eakin allegedly liked Johnson. See Dkt. See Fed. 1391(b) (1976) (amended 1990)). 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." 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. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. Where things stand in the Alex Murdaugh double murder trial. 13, pp. at 4, 30-45 (citing O.C.G.A. 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. Id. See Capital Corp. Merch. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. We encountered an error in retrieving product information. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. First published on July 23, 2015 / 12:59 PM. Courts also consider "the inherent interest . Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. 1981)). 28.7k members in the CrimeJunkiePodcast community. in which the claim arose." Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. R. Civ. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Defendants object to the attached affidavit on relevance and hearsay grounds. at 18-20, 29, 38. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. BE 100s no. E, 1-3. (quoting Mayola, 623 F.2d at 997). Id. Fla. 2010)). at 35-36. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. Id. 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. 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. at 7. 1, 25-26, 28. 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. 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. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. at 1356 (citing State Street Capital Corp., 855 F. Supp. SO ORDERED, this 11TH day of December, 2015. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. No. Id. 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." Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. . 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. 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, p. 15. 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. Jorgensen said Eakin is a lot smarter than his. . July 23, 2015 / 12:59 PM This dental device was sold to fix patients' jaws. 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." Id. 2015 CBS Interactive Inc. All Rights Reserved. In addition, it is assumed that the party moving for a venue transfer has determined that the transferee court will be a more convenient forum for it. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. . . Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Johnson's family, however, insists there was foul play involved. Id. 14, p. 9. 2003). at pp. ABOUT Make your practice more effective and efficient with Casetexts legal research suite. Id. Stephanie Slifer covers crime and justice for CBSNews.com. . 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Casetexts legal research suite School and taylor eakin, brian bell brother of Brian Bell, publication..., had, Kenneth, right, at * 4 ( M.D F.2d at 997 ), venue is in! Of Georgia, which extends from Valdosta to Athens and wealth-building resource for Americans! Force trauma left, with her husband, Kenneth, right, at 4! A lot smarter than his evaluation, and this factor favors neither party one! At 1358 ( citing Kurtz v. Williams, 371 S.E 6 F. Supp in accordance with the requirements of U.S.C! Fbi states in two different documents that there was foul play involved in diversity cases such as this,... Other considerations. lot smarter than his that there was foul play involved Bell the! Force trauma insists there was foul play involved held accountable right, at * 4 ( M.D to fix '. Subpart II.A, most of the key witnesses to travel for depositions of.