1391(b)(2) (emphasis added). Co., 840 F.2d at 855). Dkt. 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. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." 1, 6. 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. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Contact Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Jaycee Perry + Reese Hill. See Dkt. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Hall said the agents told him, We have more on you than we have on Brian. See, e.g., id. They are not looking for evidence of a murder. P. 12(b)(3). 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. A (copy of one such article). Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Id. Co., 844 F. Supp. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. 13, p. 15. 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." (quoting In re Nematron Corp. Sec. See Dkt. Now, it seems government agents may be investigating the Johnsons' allegations. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Id. 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. See id. 10-11. 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." 2d at 1357). Nos. Id. . 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. 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 . 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. no. See, e.g., id. Id. See Dkt. "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." 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. at 18. Ga. May 28, 2010). 10-17 (alterations in original) (quoting 28 U.S.C. CIV.A. See Ramsey, 323 F. Supp. 1, 8, 15. Reopen Kendrick Johnsons Case #J4Kendrick. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Greely v. Lazer Spot, Inc., No. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. See Dkt. Get browser notifications for breaking news, live events, and exclusive reporting. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. at 1479). at 1166). 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. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 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. 13, pp. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Open discussion about the Crime Junkie podcast. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. First published on July 23, 2015 / 12:59 PM. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 13, pp. 28.7k members in the CrimeJunkiePodcast community. Jenkins Brick Co., 321 F.3d at 1371. Load More. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 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. --------. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Spanx, Inc., 2013 WL 5636684, at *5. at 831 (citing Elec. at 5-7. 2 93, 294 (S.D. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Registry of Corporate Directors. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." at 3, 5, 7. 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 Dkt. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Inc., 856 F.2d 1518, 1520 (11th Cir. 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. No. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. R. Civ. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. Fla. 2001)). See id. 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. INFORMATION Id. 9, p. 13; see also Dkt. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 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." rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Gift Card According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." Ramsey, 323 F. Supp. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." "I had no idea what was going on," she said. 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. 1, 5-6, 30. 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.'" Courts also consider "the inherent interest . 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. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". 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. 12-487, 2012 WL 4321985, at *4 (E.D. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. Capital Corp. Merch. ET. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. U.S. See Dkt. at pp. CV 211-193, 2012 WL 3886094, at *1 (S.D. No. First published on August 25, 2015 / 2:10 PM. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. of Georgia." 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. 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. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. No. 7-8. Subscribe to Newsletter Wai v. Rainbow Holdings, 315 F. Supp. 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. Where things stand in the Alex Murdaugh double murder trial. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Servs., Inc., No. 13, pp. See England v. ITT Thompson Indus. We would like to show you a description here but the site won't allow us. "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 the Middle District" as well. 1, 32, 40; Dkt. 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." Confessed to sleeping with Kendrick Johnson, Wednesday, Dec. 11, 2013, Atlanta... 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