In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Sept. 30, 2010). Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. This Account is Private Already follow tayloreakin? Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . 13, pp. Duckworth v. Med. 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. See Dkt. Id. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 1391(b)(2)); cf. 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. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. Id. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 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. See Dkt. R. Evid. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. Id. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. . Johnson's family, however, insists there was foul play involved. . Dkt. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Id. On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. 17-19. No. Transaction Network v. Katz, 734 F. Supp. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 1981)). They are not looking for evidence of a murder. 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. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. 13, pp. 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.. Id. No. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Women of Power TECH, PODCASTS no. Dkt. 12-487, 2012 WL 4321985, at *4 (E.D. See 28 U.S.C. at 1166). at 4, 30-45 (citing O.C.G.A. 2d at 1357). United States District Court for the Southern District of Georgia Brunswick Division. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 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." 2d 1322, 1327 (M.D. Dkt. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. at 1371. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 13, Ex. ,Wanya,Morris. Duckworth, 768 F. Supp. Women of Power Summit No charges have been filed in the case. 51-5-3; Scouten, 656 S.E. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 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. See Dkt. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Barynia Backeljauw + Abhinav Tandon. 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. . Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. in the Middle District" as well. "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,. at 3, 5, 7. 2015 CBS Interactive Inc. All Rights Reserved. Dkt. Ala. Apr. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. See id. Your Money, Your Life, LATEST LISTS No. 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. 10-17 (alterations in original) (quoting 28 U.S.C. Jaycee Perry + Reese Hill. / CBS News. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. There were two confession statements floating around, which made national news," reads the petition. 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. --------. 1:00 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. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Ga. 1991) (quoting Elec. 28 U.S.C. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. Id. "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." Id. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). 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. 13, p. 14. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. See Jenkins Brick Co., 321 F.3d at 1371. Pa. 1999)). "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. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. See Dkt. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Help make Taylor Eakin & Brian Bell's special day even more memorable. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. at pp. at 18, Ex. 9, 13-14. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Dkt. 13-14; see also Dkt. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. Black Men XCEL 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). (citing Pfeiffer v. Insty Prints, No. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 13, p. 13. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 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. 13, pp. Marshals Service agents carried out search warrants at several locations July 21. 1, 1. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. 1, 25-26, 28. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Id. Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. Id. 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. at 14-15. 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." Contact 1148994, at * 5 ( N.D. Tex WL 24129779, at * 2 ( N.D. Ga. 16... The plaintiff 's choice of forum is `` afforded little weight if the majority of operative... Venue for Plaintiffs ' claims ) 1981 ) ) ; see also TruServ Corp. v. Neff 6... Are not looking for evidence of a murder which made national news, & quot reads! Of forum is `` afforded little weight if the majority of the operative events occurred elsewhere. choice..., 855 F. Supp Following, 205 Posts - see Instagram photos and videos from Bell. 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