Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Johnson's family, however, insists there was foul play involved. No. at 9-10. No. 9-11. Both brothers confessed numerous times to the murder. at 16 (alterations in original). 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 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 . Keep up to date with this page for any petitions or updates from the Johnson family. 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. 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. (quoting Mayola, 623 F.2d at 997). 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. 1980)). See Smith v. Dollar Tree Stores, Inc., No. Servs., Inc., No. 1, 25-26, 28. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 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. 7-8. See id. 9-1, 3. . 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. Id. See Dkt. See Ramsey, 323 F. Supp. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). P. 12(b)(3). We are so happy you are here to start this new chapter in our lives with us. They insist he was killed by a small group of. 2d 1350, 1357 (N.D. Ga. 1998)). Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." . no. 17-19. 9, pp. 51-5-1, -4(a)(1)(2)). In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Litig., 30 F. Supp. Capital Corp. Merch. "In those instances, no party is particularly inconvenienced by a transfer. . Dkt. Dkt. See, e.g., id. at 32, 40. 1, 32, 40; Dkt. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. 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. No. 9, 13-14. Contact Corp., 844 F. Supp. 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. No. SistersInc. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . No. Id. at 2. 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. 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. I. . Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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. August 25, 2015 / 2:10 PM See Dkt. 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. "I had no idea what was going on," she said. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. 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. at Ex. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Electro-Therapeutics, Inc., 768 F. Supp. Simbaqueba v. U.S. Dep't of Def., No. 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. Lawsuits claim it wrecked their teeth. 17-19. 9-10; Dkt. 13, Ex. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. G. A Forum's Familiarity with the Governing Law. See id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. No. Id. 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. . 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. 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. at 18. 13, pp. See id. E, 1-3. O.C.G.A. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. 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. R. Civ. 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. Plaintiffs allege that the details in the KJ articles, as well as the public reports of the Lowndes County Sheriff's Office interviews, were sufficient to reveal their daughter's identity. See id. No. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 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"). Last month, federal authorities. at 197). No. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Your California Privacy Rights/Privacy Policy. 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. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. at 9-10, 15. No. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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. 1391(b)(2). Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. at 4, 30-45 (citing O.C.G.A. Transaction Network v. Katz, 734 F. Supp. . 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 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. 1163, 1166 (S.D. at 14-15. This dental device was sold to fix patients' jaws. 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. 976, 979 (N.D. Ala. 1984)). . We encountered an error in retrieving product information. Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 2d at 1356 (citing Gundle Lining Constr. at 18, Ex. 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