taylor eakin, brian bell

at 3, 5, 7. No. Rather, the Middle District of Georgia is more convenient to Plaintiffs, as it is their home forum, and it is assumed that such forum would prove more convenient to Defendants as the moving party. Help make Taylor Eakin & Brian Bell's special day even more memorable. ,Wanya,Morris. 1994)). First published on July 23, 2015 / 12:59 PM. Load More. "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." No. "In those instances, no party is particularly inconvenienced by a transfer. Eakin allegedly liked Johnson. 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. See id. 2003)). The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. . Women of Power Summit Co., 840 F.2d at 855). 2 93, 294 (S.D. Where things stand in the Alex Murdaugh double murder trial. A (copy of one such article). at 14-15. (emphasis added) (quoting 28 U.S.C. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. The Johnson family alleges local officials conspired to cover up the crime. P. 12(b)(3). 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). Transaction Network v. Katz, 734 F. Supp. Dkt. 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. No. 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. No. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. Id. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. See Pergo, Inc. v. Shaw Indus., Inc., No. 1988). / CBS News. 9, pp. 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. 2003). at 16 (alterations in original). 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. 1, 5-6, 30. 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. at 1371-72. 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." 1994)). at 2. Nos. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. 99 votes, 21 comments. See id. See Dkt. Defendants object to the attached affidavit on relevance and hearsay grounds. See Dkt. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Id. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. Rosen is a resident of New York and works as a journalist. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. 13, p. 12. Co., 844 F. Supp. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. See Ramsey, 323 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." Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Id. 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1391(b) (1976) (amended 1990)). Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. 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. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. No. Both brothers confessed numerous times to the murder. at 27. ET. R. Evid. no. No. "I had no idea what was going on," she said. 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. This dental device was sold to fix patients' jaws. 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." 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. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 1391(b)(2) (emphasis added). 2d at 1357). 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." See Seltzer v. Omni Hotels, No. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 1, 32, 40; Dkt. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. . Id. no. 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. 2d at 822. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Banking, Inc. v. Corp. Colocation, Inc., No. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. 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. The local sheriff's department ruled the 17-year-old Johnson's January 10, 2013 a freak accident, saying he fell head-first into an upright mat in the gymnasium at Lowndes High School in Valdosta while trying to retrieve a shoe, and became trapped. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. "); Fed. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. See Dkt. Litig., 30 F. Supp. 28 U.S.C. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 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. at 1371. Second, it appears that transfer would be in the interests of justice. Fla. 2010)). 13-15; Dkt. Corp., 656 S.E. 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." No. 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. 1163, 1166 (S.D. 1391(b)(2). at 197). AFC Franchising, 2016 U.S. Dist. Get browser notifications for breaking news, live events, and exclusive reporting. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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. 13, pp. R. Civ. 1, 1. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. 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 . SistersInc. 10-11. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. at 1480). Id. See Jenkins Brick Co., 321 F.3d at 1372. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Copyright 2023 CBS Interactive Inc. All rights reserved. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 13, p. 11. Pa. 1999)). No. See O.C.G.A. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. at 4. 51-5-1(a). See Dkt. 'Injury in conjunction with another event, however, may make a district a proper venue.'" "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. This principle applies only where "prejudicial pretrial publicity . morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. INFORMATION Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 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). 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. Furthermore, the projection is based on Bell's senior year in high school eight years ago. See Dkt. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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." Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. B. . 822, 831 (S.D. . See Dkt. See, e.g., 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. 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.. at 4, 30-45 (citing O.C.G.A. See Dkt. ; 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. CV 411-096, 2012 WL 170154, at *2 (S.D. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. No. 09 Civ. Id. E, 1-3. 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. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. See id. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. . Wai v. Rainbow Holdings, 315 F. Supp. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. 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 Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. . (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 4-10. Id. 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. No. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. No. 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. 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. at 18, Ex. 51-5-1, -4(a)(1)(2)). 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. See supra Subparts II.A-B. Id. Id. Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). Dkt. No. See, e.g., id. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Under the sentence, Eakin will be transferred to an adult prison at age 18. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. See Dkt. Dkt. at 32, 40. No. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. About 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. 1404(a). Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. O.C.G.A. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." 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"). 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. No. Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." 2d 467, 470 (E.D. 2d 878 (Ga. Ct. App. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. Sept. 30, 2010). Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. Spanx, Inc., 2013 WL 5636684, at *5. First published on August 25, 2015 / 2:10 PM. We would like to show you a description here but the site won't allow us. at 831 (citing Elec. Ala. Apr. 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. August 25, 2015 / 2:10 PM We can't thank you enough View by We're sorry. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. 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. 1391(b)(2)); cf. 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. 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. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. . 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." 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. 9, p. 9. See Dkt. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. 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. 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. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." at 16. . LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. See Fed. Dkt. 17-19. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 9, pp. Id. See 28 U.S.C. Spanx, Inc. v. Times Three Clothier, LLC, No. The suit also alleges local officials tried to cover up the crime. Capital Corp. Merch. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. at 7. Barynia Backeljauw + Abhinav Tandon. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. . Last month, federal authorities. 14, pp. "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." 15-21, Exs. 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. 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. 2d 1322, 1327 (M.D. We encountered an error in retrieving product information. . Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 14, p. 10. Dkt. Id. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." "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. 9, p. 13; Dkt. Visit Brian Bell officially visits Florida State. See Jenkins Brick Co., 321 F.3d at 1371. at Ex. They insist he was killed by a small group of. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." Simbaqueba v. U.S. Dep't of Def., No. CIV.A. I. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. Last month, federal authorities raided several college dorm rooms and homes, including those of Bell and his parents, as the probe took a turn into witness tampering and obstruction.
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