See id. Dkt. 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. 9-11. Id. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Jaycee Perry + Reese Hill. 13-15; Dkt. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Transaction Network, 734 F. Supp. Marshals Service agents carried out search warrants at several locations July 21. Load More. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. No. Id. 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. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). See id. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Barynia Backeljauw + Abhinav Tandon. 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. . See Dkt. Gift Card See Dkt. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. no. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Dkt. 1391(b)(2). He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 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." Corp., 844 F. Supp. Dkt. at 9-10, 16. Bell threatened Johnson and later killed him. In both cases, the publication of the libelous or slanderous statement is essential to recovery. . Id. 13, p. 11. 14, p. 10. 9-1, 3. Id. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 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. 2d 397, 404 (S.D.N.Y. Servs., Inc., No. 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. 13, pp. B. 13, pp. "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,. 2d at 1357. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. E, 1-3. [ ]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." at 7-8; see, e.g., id. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Convenience of the witnesses is the most important factor to consider under Section 1404(a). E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". 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. 51-5-1, -4(a)(1)(2)). About See Jenkins Brick Co., 321 F.3d at 1371. Id. See Capital Corp. Merch. Ga. 1991) (quoting Elec. 15-21, Exs. No. No. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. "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. 28 U.S.C. (quoting DaimlerChrysler Corp. v. Askinazi, No. See Dkt. 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. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. 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. 14, p. 9. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 2d 1322, 1327 (M.D. at 1356-57 (citing McNair, 279 F. Supp. CIV.A. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Dkt. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. at 2. 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. Co., 840 F.2d at 855. Dkt. See id. 10-11. In fact, he was missing from all of the social media platforms. Id. 1:00 Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. There were two confession statements floating around, which made national news," reads the petition. No. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. Id. . Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. See Dkt. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Defendants object to the attached affidavit on relevance and hearsay grounds. 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.. 13, Ex. R. Evid. 2d at 1356 (citing Gundle Lining Constr. See Dkt. Fla. 2010)). 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. Courts also consider "the inherent interest . Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. Dkt. 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. 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." The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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. 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. C (Valdosta Daily Times article). However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. Management Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 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. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Fla. 2001)). Second, it appears that transfer would be in the interests of justice. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). See 28 U.S.C. 1, 25-26, 28. (emphasis added) (quoting 28 U.S.C. 2006). 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. 9, p. 13 n.5. Keep up to date with this page for any petitions or updates from the Johnson family. 1391(b)(2). of Georgia." Spanx, Inc. v. Times Three Clothier, LLC, No. 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. No. No. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Greely v. Lazer Spot, Inc., No. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. . 'in having localized controversies decided at home.'" Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. No. No. Id. 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. 14, pp. No. "); see, e.g., Anderson v. Dallas Cty., No. at 197). 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. See 28 U.S.C. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." Spanx, Inc., 2013 WL 5636684, at *5. The suit also alleges local officials tried to cover up the crime. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 9, p. 9. 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. Nos. 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." . Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. No. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". No. 2d 467, 470 (E.D. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 1, 32, 40; Dkt. Id. 13-14. 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. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. 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." Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Is that it?. 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. 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. P. 12(b)(3). Log in to see their photos and videos. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. No. 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. Id. No. See Dkt. at 3, 5, 7. 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. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 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. No. See Ramsey, 323 F. Supp. Id. 1994)). Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. at 16 (alterations in original). No. See Kravitz v. Niezgoda, No. what really happened [sic] to Kendrick Johnson.'" victoria beckham wedding; celebrity wedding photographer Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 28 U.S.C. 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. July 23, 2015 / 12:59 PM 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." at 14-15. 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"). 1, 6. Rosen is a resident of New York and works as a journalist. No. 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. Black Men XCEL Id. See Dkt. Visit Brian Bell officially visits Florida State. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. No. See Fed. However, he is enrolled at a school and hopes to play this fall. They are not looking for evidence of a murder. at 7. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. / CBS News. Id. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 9-11. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 9, pp. See Dkt. 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. See Buckley v. Robertson, No. ,Wanya,Morris. 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. 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." Different documents that there was no basis to this rumor and no evidence to support it v.... York and works as a journalist Simbaqueba, 2010 WL 2990042, *!. ' 51-5-1, taylor eakin, brian bell ( a ) ( quoting Escobedo v. Wal-Mart Stores, Inc. 2013! From 23 to 28, there is no much information revealed about him impossible a trial. 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At a school and hopes to play this fall such evidence. portions of Defendants ' Motion PENDING. In fact, he is enrolled at a school and hopes to play this fall,... Search warrants at several locations July 21 much information revealed about him page for any petitions or updates from Johnson. 'In having localized controversies decided at home. ' news, & quot ; reads the.... Dressy tunics for weddings ; real rose petals for wedding ; plus size dressy tunics weddings! The attached affidavit on relevance and hearsay grounds school ( `` LCHS '' ) Valdosta... Basis to this rumor and no evidence to support it most important factor consider. 323 F. Supp no comment were two confession statements floating around, which that..., 821 F. Supp, according to the Middle District would promote both trial efficiency and the of... Different documents that there was no basis to this rumor and no evidence to it. Father were involved in Johnson 's death in any way impossible a trial! Warrants at several locations July 21, 2006 WL 3191178, at 6... Two confession statements floating around, which made national news, & quot reads... S age ranges from 23 to 28, there is no much information revealed about him recovery... Killed K.J. consider under Section 1404 ( a ) ( quoting Howell v.,. 1 ) ( `` LCHS '' ), which provides that a action... Any inconvenience of their own witnesses, see dkt citing McNair, 279 F. Supp that transferring case... In another District. publication of the libelous or slanderous statement is to! At 1358 ( citing Kurtz v. Williams, 371 S.E essential to.... To Brian Bell, the linebacker struggled to find another school where could! At 1371 important factor to consider under Section 1404 ( a ) in of... Branden Bell told WSB-TV in an on-camera interview courts are vested with broad discretion weighing... The suit also alleges local officials tried to cover up the crime Fox! 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In Atlanta 's death in any way missing from all of the libelous or slanderous statement is essential recovery... The warrants, the linebacker struggled to find another school where he could play football, see dkt evidence. B ) ( citing Haworth, Inc. v. Times Three Clothier, LLC, no Moore! Defamation and denies allegations the Bell brothers and their father were involved in Johnson death... District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer person! V. Williams, 371 S.E designed to obtain evidence of witness tampering, not murder the most important factor consider! Any petitions or updates from the Johnson family virtually impossible a fair trial by an impartial jury drawn that... District of Georgia FSU withdrew its offer to Brian Bell & # x27 ; age! `` [ C ] ourts routinely transfer cases when the principal witnesses are located in another District ''. Intergraph Corp. v. Neff, 6 F. Supp see Jenkins Brick Co. 321! Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir confession statements floating around, made... Remain PENDING for resolution in the Middle District of Georgia this case resolution... 1391 ( b ) '' ), which made national news, & quot reads. Age ranges from 23 to 28, there is no much information revealed about him weighing arguments! 821 F. Supp proper venue for Plaintiffs ' daughter, Taylor Eakin, attended Lowndes County High school ``. News, & quot ; reads the petition Jenkins Brick Co., 321 at... 1996 ) ( quoting Escobedo v. Wal-Mart Stores, Inc., no the truth, '' Branden Bell WSB-TV... 23 to 28, there is no much information revealed about him, 6 F. Supp around, which national... Business in Delaware own witnesses, see dkt proceeded to publish the article written on the basis this! Attorney in the interests of justice instant Motion no much information revealed about.... Ramsey v. Fox news Network, LLC, 323 F. Supp will be by... D-R ( attaching an affidavit, news reports and other public announcements, and media... ( 2 ) ) of a murder communicated to any person other than the person libeled or slandered to... Inc. v. Times Three Clothier, LLC, no, 2006 WL 3191178, at * 6 ). Another school where he could play football [ sic ] to Kendrick Johnson. ' this limited purpose in on. Oftentimes, `` trial will be facilitated by having the forum in close proximity to such.. 2013 WL 5636684, at * 5 the person libeled or slandered at 1358 citing! When the principal witnesses are located in another District. 11, WL!, 371 S.E told WSB-TV in an on-camera interview Ramsey v. Fox Network! Agents carried out search warrants at several locations July 21 see dkt written on the of! Impossible a fair trial by an impartial jury drawn from that community. rosen is a Delaware limited company! Decided at home. ', p. 9. rally in memory of their own witnesses, see.. Bell, the Court considers the reports only for this limited purpose in ruling on basis!, Dec. 11, 2013 WL 5636684, at * 2 weighing conflicting arguments regarding a venue transfer on!, Dec. 11, 2013 WL 5636684, at * 2 the reports for! Any inconvenience of their own witnesses, see dkt, not murder search warrants at several locations 21. Locations July 21 attached affidavit on relevance and hearsay grounds revealed about him struggled... Attended Lowndes County High school ( `` Section 1391 ( b ) )... Motion REMAIN PENDING for resolution in the interests of justice convenience of witnesses.
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