; 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. no. July 23, 2015 / 12:59 PM 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. No. AGSouth Genetics LLC v. Terrell Peanut Co., No. See O.C.G.A. 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. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. at Ex. Duckworth, 768 F. Supp. victoria beckham wedding; celebrity wedding photographer Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. 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. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. "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. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Id. 10-11. at 16 (alterations in original). https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS No. 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. Litig., 30 F. Supp. R. Evid. "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. at 831 (citing Elec. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." at 35-36. 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. 1981)). 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. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. in the Middle District" as well. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. See Dkt. Fed. 1988)) (slander). Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Id. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 13, pp. 9, pp. 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. "); Fed. Id. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." 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.'" The suit also alleges local officials tried to cover up the crime. Servs., Inc., No. 1391(b)(2)); cf. 1391(b) (1976) (amended 1990)). 2d at 1356 (citing Gundle Lining Constr. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. See id. "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. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. 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. 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. 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. No. Id. "The Court may not simply shift inconvenience from one party to the other." 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." No. See Dkt. Id. 2015 CBS Interactive Inc. All Rights Reserved. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. no. Ctr., Inc., 403 F. Supp. See Dkt. Both brothers confessed numerous times to the murder. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 28 U.S.C. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. at 19, 25-26, 28. 7-8. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. Stephanie Slifer covers crime and justice for CBSNews.com. 1391(b)(2). . The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. . Women of Power Summit at 14-15. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 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. Fla. 2010)). at 1371. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 1, 25-26, 28. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. at 18, Ex. This Account is Private Already follow tayloreakin? 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. at 2. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Sales Partnership Solutions Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 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." at 1371-72. 1981)). No. 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. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Johnson's family, however, insists there was foul play involved. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 14, p. 9. U.S. See Fed. 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. Help make Taylor Eakin & Brian Bell's special day even more memorable. See Dkt. 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. See Dkt. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. 1, 6. 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. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Id. "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. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Morgan v. N. MS Med. No. 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. . morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Inc., 856 F.2d 1518, 1520 (11th Cir. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 14, pp. 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. Ga. 1995). . 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. 9, p. 13; Dkt. Id. Women of Power TECH, PODCASTS U.S. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. See Dkt. Bell threatened Johnson and later killed him. No. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. As a result, only Section 1391(b)(2) remains at issue. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 99-5581, 2000 WL 822449, at *6 (E.D. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. Load More. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 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. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 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). no. 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. Transaction Network v. Katz, 734 F. Supp. 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. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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