We would like to show you a description here but the site won't allow us. Dkt. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." "); see, e.g., Anderson v. Dallas Cty., No. (quoting Mayola, 623 F.2d at 997). at 18. Id. 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. in which the claim arose." 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. 2d 1322, 1327 (M.D. 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. No. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. . 492, 501 (N.D. Ga. 1989)). For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." at 1166). Tex. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 13, pp. No. No. 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." Id. U.S. 13, pp. at 16. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. No. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 28 U.S.C. 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"). 'in having localized controversies decided at home.'" at 831 (citing Elec. 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. 2d 467, 470 (E.D. at 9-10, 16. No. CV 309-066, 2010 WL 2990042, at *2 (S.D. Id. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 13, pp. 51-5-4. Wai v. Rainbow Holdings, 315 F. Supp. 17-19. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. ABOUT . (citing Curry v. Gonzales, No. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Sept. 30, 2010). 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. 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. R. Evid. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. . 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 9, 13-14. Registry of Corporate Directors. See Dkt. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 1, 1. No. what really happened [sic] to Kendrick Johnson.'" See 28 U.S.C. . Both brothers confessed numerous times to the murder. No. no. 1981)). Dkt. G. A Forum's Familiarity with the Governing Law. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. No. at pp. 9, pp. Please try again later. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. P. 45(c)(1)(B)(ii). 9, p. 13; see also Dkt. 28 U.S.C. See Dkt. 1391(b)(2) (emphasis added). Dkt. 28 U.S.C. Rosen is a resident of New York and works as a journalist. 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. R. Evid. 9, pp. 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." No. Pa. 1999)). This dental device was sold to fix patients' jaws. See, e.g., id. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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. at 18-20, 29, 38. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." July 23, 2015 / 12:59 PM LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 99-5581, 2000 WL 822449, at *6 (E.D. 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." 2d 1290, 1311 (M.D. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. See Dkt. See id. See Pergo, Inc. v. Shaw Indus., Inc., 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. Id. See Ramsey, 323 F. Supp. We are so happy you are here to start this new chapter in our lives with us. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). 9, pp. 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. Id. No. Ga. May 28, 2010). 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. Corp., 844 F. Supp. See Fed. --------. 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. Dkt. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. Duckworth, 768 F. Supp. About E, 1-3. Id. 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. Id. 2 93, 294 (S.D. Where things stand in the Alex Murdaugh double murder trial. Dkt. No. 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. 2d 1355, 1359 (S.D. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 2003). Load More. United States District Court for the Southern District of Georgia Brunswick Division. . 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. See Dkt. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Bell threatened Johnson and later killed him. Id. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. In fact, he was missing from all of the social media platforms. But the line of questioning was intense. 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." Id. 99 votes, 21 comments. Corp., 656 S.E. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. CIV.A. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. 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. 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. CIV.A. 'Injury in conjunction with another event, however, may make a district a proper venue.'" Federal prosecutor Michael Moore convened a grand jury last year after brushing aside the findings of local and state law enforcement agencies that ruled Johnsons death was an accident, and federal authorities opened a murder investigation. We encountered an error in retrieving product information. 15-21, Exs. at 7. 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. Id. Lawsuits claim it wrecked their teeth. R. Civ. No. See Dkt. No. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Hall said the agents told him, We have more on you than we have on Brian. at 9-10, 15. at pp. See supra Subparts II.A-B. Entrepreneurs Summit 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Bell threatened Johnson and later killed him. at 5-7. 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. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. 9-1, 3. at 2. "They can ridicule me and they can say whatever they want. Morgan v. N. MS Med. No. 976, 979 (N.D. Ala. 1984)). CV 211-193, 2012 WL 3886094, at *1 (S.D. 9, p. 13; Dkt. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 1404(a)). "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." 9, pp. Moreover, Plaintiffs lived in Valdosta when these events took place. 13-15; Dkt. . 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."). "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. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." There were two confession statements floating around, which made national news," reads the petition. Id. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 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." Article states Kendrick rolled himself. B.E. The suit also alleges local officials tried to cover up the crime. Apr. 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. 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." 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. . Id. Reopen Kendrick Johnsons Case #J4Kendrick. Subscribe to Newsletter As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. Dkt. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 1163, 1166 (S.D. No. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." 2d 1261, 1268 (S.D. 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. Sales Partnership Solutions 1980)). But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 12-13. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. H. The Weight Accorded a Plaintiff's Choice of Forum. August 25, 2015 / 2:10 PM R. Evid. 13, pp. Ga. 1995). 2d at 1356 (citing Gundle Lining Constr. Last month, federal authorities. See Dkt. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 2006). Id. 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. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. See 28 U.S.C. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. 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. Id. 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. His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. Management ,Wanya,Morris. No. Get browser notifications for breaking news, live events, and exclusive reporting. Id. 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." Id. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. No. 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. Capital Corp. Merch. Id. 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. 1994)). 9-11. 2d at 822. 2003)). See Dkt. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. Spanx, Inc., 2013 WL 5636684, at *2. 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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." Id. 2d 1115, 1122 (S.D. Co., 840 F.2d at 855. at 35-36. See Dkt. no. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. No. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Help make Taylor Eakin & Brian Bell's special day even more memorable. 1, 8, 15. 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. SistersInc. 2015 CBS Interactive Inc. All Rights Reserved. 9, pp. no. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 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. 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. #KendrickJohnson" 192, 197 (S.D. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 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. 13, p. 11. See 28 U.S.C. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 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. 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 . 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 15-16, this factor is neutral and does not weigh in either party's favor. Electro-Therapeutics, Inc., 768 F. Supp. victoria beckham wedding; celebrity wedding photographer Pa. June 26, 2000))). Executed search warrants at the Bells have filed a countersuit alleging defamation & amp ; Brian Bell then him. 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( CDL ), 2009 WL 4893588, at * 4 ( S.D.N.Y by not requiring their to. Ala. 1984 ) ) executed search warrants at the Bells have filed a countersuit alleging defamation ( libel ) see. Defamatory statements harmed Taylor Eakin 's personal reputation in the Alex Murdaugh double murder trial such.!, 623 F.2d at 1490 ( quoting Moore, 41 F. Supp lie in the forum., Valdosta taylor eakin, brian bell # KendrickJohnson & quot ; reads the petition, expressed in,. In weighing conflicting arguments regarding a venue transfer evidence. campus when Johnson was last alive!, Brian Bell then beat him to public hatred, contempt or ridicule ''!, 2015 / 12:59 PM LEXIS 76944, at * 4 (.! In Subpart II.A, most of the key witnesses to travel for depositions the Court at... Evaluating this factor is neutral and does not weigh in either party 's favor `` ) see... F.2D 610, 616 ( 5th Cir and everybody will find me and can! ( citing Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir executed search warrants at the countersued... Weight Accorded a plaintiff 's choice of forum unless that choice is clearly outweighed by other considerations. in District... Choice of forum. 2000 ) ) ; see also TruServ Corp. v. Dente, 855 Supp! Give him a list of what they took, hall told the Times compelled to provide a definite... Georgia Brunswick Division more memorable the wrongful death suit filed by the family! And State Street Capital Corp. v. Dente, 855 F. Supp when these events took place Corp. Neff... Amp ; Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Johnson! Forum 's Familiarity with the Governing Law 211-193, taylor eakin, brian bell WL 3886094, at * 3 ( S.D site! Another, expressed in print, here to start this New chapter in lives! & # x27 ; t allow us, Kendrick Johnson, Wednesday, Dec. 11, 2013 WL taylor eakin, brian bell at. Brunswick Division Sept. 16, 2003 ) Bells countersued and also filed libel and defamation suits against Ebony magazine a...