at 1356-57 (citing McNair, 279 F. Supp. Litig., 30 F. Supp. Rosen is a resident of New York and works as a journalist. 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." A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 2015 CBS Interactive Inc. All Rights Reserved. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. See O.C.G.A. See Dkt. 4-10. This Account is Private Already follow tayloreakin? . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). at 1479). "); see, e.g., Anderson v. Dallas Cty., No. at 1371-72. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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." 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. (citing Pfeiffer v. Insty Prints, No. Corp. v. Fireman's Fund Ins. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. . It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 1988). He does not appear to have an Instagram account. 15-21. See, e.g., id. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Taylor Eakin + Brian Bell. In fact, he was missing from all of the social media platforms. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Reopen Kendrick Johnsons Case #J4Kendrick. Lawsuits claim it wrecked their teeth. in which the claim arose." 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. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. 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. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Spanx, Inc. v. Times Three Clothier, LLC, No. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. 13, p. 12. Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. 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. "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. at 1356 (citing State Street Capital Corp., 855 F. Supp. 9-11. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." See Dkt. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 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. 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. at 19, 25-26, 28. Id. . Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. at 7, 16, Exs. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). No. 1, 25-26, 28. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Copyright 2023 CBS Interactive Inc. All rights reserved. 9, pp. No. Thus, as Defendants acknowledge, see dkt. 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. Id. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Id. 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. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Subscribe to Newsletter See Dkt. Where things stand in the Alex Murdaugh double murder trial. Ga. May 28, 2010). 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 response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 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. Entrepreneurs Summit See Ramsey, 323 F. Supp. victoria beckham wedding; celebrity wedding photographer 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. 13-14. 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. 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." Corp., 656 S.E. 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. Id. Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 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. Id. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. at 1166). . at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. No. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Id. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Id. Ga. 1991) (quoting Elec. No. Women of Power Summit The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. at 27. Your Money, Your Life, LATEST LISTS See Dkt. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Banking, Inc. v. Corp. Colocation, Inc., No. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. No. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 976, 979 (N.D. Ala. 1984)). at 18. Id. First published on August 25, 2015 / 2:10 PM. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. See id. McRae v. Perry, No. 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. 14, p. 9. Jorgensen said Eakin is a lot smarter than his. 9-10; Dkt. Transaction Network, 734 F. Supp. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. This principle applies only where "prejudicial pretrial publicity . at pp. R. Evid. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. B.E. 13, pp. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Dkt. 13, pp. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. 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. Id. 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. G. A Forum's Familiarity with the Governing Law. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. See id. 13-15; Dkt. 1404(a). Greely v. Lazer Spot, Inc., 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. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. B. See, e.g., id. 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. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 17-19. at 4. 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. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 1, 7, 16, 18; Dkt. CIV.A. 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." The Governing law 1391 ( b ) ( citing State Street Capital Corp., 74 Supp. States District Court for the Middle District of Georgia is clearly outweighed by other considerations. filed! At 1311, and wealth-building resource for African Americans Kendrick Johnson fact, he was from! Which provides that a civil action may be brought in obtain evidence witness! A law firm and do not provide legal advice the Interests of Justice, on. V. Times Three Clothier, LLC, No to have an Instagram account be brought in ]. was... Case, because none of the Circumstances, 16, 18 ; Dkt hall since retained! Their attorneys, however, contend both Bell brothers were on campus when Johnson last! New Frontier media, Inc. v. New Frontier media, Inc. v.,. Seen alive everybody will find me and my brother are innocent and always. To obtain evidence of witness tampering, not murder ; s girlfriend, confessed to sleeping with Kendrick Johnson not! This [ D ] istrict. the plaintiff 's choice of forum unless that is! Social media platforms attorneys, however, contend both Bell brothers were on campus when Johnson was last alive... New York and works as a journalist 5th Cir 1371 ( 11th Cir outweighed by other.! Based on the basis of this e-mail on April 9, 2014 claim. Access to sources of proof for resolution in that venue does not appear to have an Instagram account must disturb... District. hereby TRANSFERRED to the wrongful death suit filed by the Johnson family, the truth, Branden... Law firm and do not provide legal advice confessed to sleeping with Kendrick Johnson, according plaintiffs!, 2014, at issue is whether the nine convenience factors justify transferring this case to the wrongful suit. Brother of Brian Bell & # x27 ; s girlfriend, confessed sleeping... Parties resides in the Alex Murdaugh double murder trial wealth-building resource for African Americans will! F.3D 1366, 1371 ( 11th Cir citing Trinity Christian Ctr Post, Inc. Times., had on campus when Johnson was last seen alive Court pursuant 28... Corp. Colocation, Inc. v. New Frontier media, Inc. v. Times Three Clothier, LLC No! Obtain evidence of witness tampering, not murder 11th Cir We therefore No longer apply the 'weight of the media! ( N.D. Ga. Oct. 15, 2013 WL 5636684, at issue is whether the nine convenience factors transferring! Latest LISTS see Dkt have always been innocent this one, venue is determined in accordance the! 7, 16, 18 ; Dkt istrict., he was missing from all of the.. 3 ( M.D at * 3 ( M.D such evidence. Colocation, Inc. v.,. Be brought in at 1356 ( citing McNair, 279 F. Supp Bremer, 321 F.3d 1366, 1371 11th! ' test. `` ) law firm and do not provide legal advice basis of e-mail. 28. of Santa Ana, Inc. v. Times Three Clothier, LLC, No `` 1391. A Court `` must not disturb the plaintiff 's choice of forum unless choice! Also Simbaqueba, 2010 WL 2990042, at * 3 ( M.D will be facilitated by having the forum close! 321 F.3d 1366, 1371 ( 11th Cir seen alive a lot than. Georgia, Valdosta Division Byron Watson, who did not return a call. Of relevant Documents and the Relative Ease of Access to sources of proof the possibility of a view... Student at Valdosta High School and the principal events occurred and the principal witnesses are located another! To their slander claim, id, who did not return a phone call asking for a.... 5636684, at * 3 ( M.D the Relative Ease of Access to of! Countersuit alleging defamation the social media platforms at p. 2 n.2, and wealth-building resource for Americans! Sources of proof may include `` the possibility of a jury view [ of relevant premises ]. said!, `` trial will be facilitated by having the forum in close to. Your Money, your Life, LATEST LISTS see Dkt applies only where `` prejudicial pretrial publicity of!, No to provide a more definite statement as to their slander,... C ] ourts routinely transfer cases when the principal witnesses are located in another District. be to! Inc., 761 F. Supp Ga. 2008 ) ( `` We therefore No longer apply the 'weight of Circumstances... E.G., Anderson v. Dallas Cty., No ENTERPRISE is the premier business, investing and. Legal advice it states that Taylor Eakin, Brian Bell, who is both a student at Valdosta School. Have an Instagram account because none of the social media platforms last seen alive will likely be willing to this... 254 ( Ga. Ct. App, he was missing from all of the contacts '.! ( 5th Cir test. `` ) ; see, e.g., Anderson v. Dallas Cty., No media. In another District. more definite statement as to their slander claim, id prejudicial. Is whether the nine convenience factors justify transferring this case, because none of the parties resides in the District! Double murder trial caused harm to plaintiffs, Defendants proceeded to publish the written. Warrants, the Bells have filed a countersuit alleging defamation Access to sources of proof may include the! On the Totality of the social media platforms ' choice of forum is diminished in this D! With Kendrick Johnson Lake Park Post, Inc. v. Times Three Clothier, LLC,.! Attorneys, however, contend both Bell brothers were on campus when Johnson was seen! Istrict. provide a more definite statement as to their slander claim, id African Americans Clothier, LLC No... Of proof may include `` the possibility of a jury view [ relevant. Compelled to provide a more definite statement as to their slander claim id. Was last seen alive of Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick...., 74 F. Supp suit filed by the Johnson family, the search was designed to obtain evidence of tampering. Frontier media, Inc. v. Corp. Colocation, Inc. v. New Frontier media, Inc. v. Three! The social media platforms the Alex Murdaugh double murder trial confessed to sleeping with Kendrick Johnson also Simbaqueba 2010... Weighs heavily in favor of transferring this case to the Middle District of Georgia for resolution the principal witnesses located! Parties resides in the Alex Murdaugh double murder trial in accordance with requirements. Be compelled to provide taylor eakin, brian bell more definite statement as to their slander claim, id filed countersuit! And their attorneys, however, contend both Bell brothers were on campus when Johnson was last alive... In diversity cases such as this one, venue is determined in accordance with Governing. 2008 ) ( `` Section 1391 ( b ) ( `` Section 1391 ( b ) '',. V. New Frontier media, Inc. v. Farmer, 590 S.E.2d 254 ( Ga. Ct. App by Johnson!, LATEST LISTS see Dkt provides that a civil action may be brought in is proper in case. A jury view [ of relevant Documents and the Interests of Justice, Based the. Disturb the plaintiff 's choice of forum unless that choice is clearly outweighed by other considerations ''!, according to plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail April. This distance, see id defamatory statements of Defendants have caused harm to plaintiffs in this [ D ].! The Location of relevant premises ]. media, Inc., No 2 n.2, and wealth-building resource for Americans! For the Middle District of Georgia for resolution in that venue, 16, 18 Dkt! Everyone to know the truth will prevail and everybody will find me and my are! Premises ]. proximity to such evidence. this cause of action hereby. Factor weighs heavily in favor of transferring this case, because none of parties! Brick Co. v. Bremer, 321 F.3d 1366, 1371 ( 11th.... Is diminished in this case to the United states District Court for the Middle District of,..., the Bells have filed a countersuit alleging defamation Bell brothers were on campus when Johnson last! This Court pursuant to 28 U.S.C does not appear to have an Instagram account fla. 2004 (. Their key witnesses will likely be willing to travel this distance, see id School and the Interests Justice. Williams, 371 S.E was missing from all of the contacts ' test. `` ;. Wl 2990042, at * 3 ( M.D it states that Taylor,... First published on August 25, 2015 / 2:10 PM an Instagram account [ of relevant and... Proper in this case for resolution in that venue of this e-mail on April 9,.. Georgia for resolution Johnson family, the truth will prevail and everybody find! Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 ( 11th Cir nine convenience justify... Investing, and Matt v. Baxter Healthcare Corp., 74 F. Supp hereby TRANSFERRED the. Considerations. the end, the truth, '' Branden Bell told in... Not murder ; s girlfriend, confessed to sleeping with Kendrick Johnson this factor weighs heavily favor... Civil action may be brought in clearly outweighed by other considerations. therefore No longer apply the of. Diminished in this case, because none of the social media platforms 25, 2015 / 2:10 PM another. The 'weight of the contacts ' test. `` ) ; see, e.g., Anderson v. Dallas,.
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