taylor eakin, brian bell

No. no. No. See supra Subparts II.A-B. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. See Dkt. First published on August 25, 2015 / 2:10 PM. H. The Weight Accorded a Plaintiff's Choice of Forum. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. No. 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. "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." 13-14. 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. Id. CIV.A. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. No. Dkt. 2d at 1356 (citing Gundle Lining Constr. See Jenkins Brick Co., 321 F.3d at 1372. See id. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. 13, p. 11. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 9, 13-14. No. 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. 9, pp. Lawsuits claim it wrecked their teeth. 28 U.S.C. 2006). Get browser notifications for breaking news, live events, and exclusive reporting. Moreover, Plaintiffs lived in Valdosta when these events took place. 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. 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 id. 13-15; Dkt. at 16. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." 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"). rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 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. at 1371-72. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 2d at 1357. 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. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 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.. 9, p. 15. 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. 1, 7, 16, 18; Dkt. See Dkt. 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. Ramsey, 323 F. Supp. 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. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. ABOUT Ga. 1995). 2d at 1356 (citing Gundle Lining Constr. Id. Co., 840 F.2d at 855. 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. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Apr. 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. CV 309-066, 2010 WL 2990042, at *2 (S.D. 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. . 51-5-1(a). No. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. 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. at Ex. Id. No. 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." See Buckley v. Robertson, No. Id. Tex. 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. 13, p. 14. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Simbaqueba v. U.S. Dep't of Def., No. 12-487, 2012 WL 4321985, at *4 (E.D. Thus, as Defendants acknowledge, see dkt. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 1391(b)(2). 2d at 1355 (citing Haworth, Inc., 821 F. Supp. "In those instances, no party is particularly inconvenienced by a transfer. 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. See 28 U.S.C. Nos. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Id. "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,. Id. R. Evid. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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). Jan 15, 2015: C. Visit Florida State. E, 1-3. 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). 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. 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. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. . 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 9-11. Open discussion about the Crime Junkie podcast. Jorgensen said Eakin is a lot smarter than his. CIV.A. Wai v. Rainbow Holdings, 315 F. Supp. Id. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 2015 CBS Interactive Inc. All Rights Reserved. at 19, 25-26, 28. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. no. Id. Please try again later. Under the sentence, Eakin will be transferred to an adult prison at age 18. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS This Account is Private Already follow tayloreakin? 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. Transaction Network v. Katz, 734 F. Supp. Id. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. No. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Ala. Apr. . Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 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. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Duckworth, 768 F. Supp. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. at 9-10, 16. 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." Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 9, p. 13; Dkt. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. at 1480). Last month, federal authorities. Bell threatened Johnson and later killed him. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . 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. Greely v. Lazer Spot, Inc., No. Servs., Inc., No. "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. McRae v. Perry, No. Sept. 30, 2010). 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). 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." Where things stand in the Alex Murdaugh double murder trial. 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. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Id. ,Wanya,Morris. 1, 32, 40; Dkt. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the. AFC Franchising, 2016 U.S. Dist. Id. 2d 1290, 1311 (M.D. See 28 U.S.C. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 1994)). 1404(a)). Registry of Corporate Directors. Ramsey, 323 F. Supp. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. . Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. This dental device was sold to fix patients' jaws. Ladson said he was worried those communications would be made public in court. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. 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. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 14, p. 10. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. See Capital Corp. Merch. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. Lawsuits claim it wrecked their teeth. Reopen Kendrick Johnsons Case #J4Kendrick. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. United States District Court for the Southern District of Georgia Brunswick Division. in which the claim arose." The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. Dead in a rolled-up wrestling mat at Lowndes High their sons as murderers Haworth,,. V. Herman Miller, Inc. v. Herman Miller, Inc., 821 F..! Get browser notifications for breaking news, live events, and this factor favors neither party live events, exclusive! And exposing him to public hatred, contempt or ridicule. factors under 1404. Its principal place of business in Delaware 2012 WL 4321985, at * 3 ( M.D countersuit. Magazine and a freelance journalist for portraying their sons as murderers Southern District of Georgia for in... 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