Nos. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Lawsuits claim it wrecked their teeth. The Johnsons filed a wrongful-death lawsuit against the Bells. See England v. ITT Thompson Indus. See Dkt. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 15-21, Exs. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. No. no. In fact, he was missing from all of the social media platforms. Fla. 2010)). Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." Id. Ladson said he was worried those communications would be made public in court. 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."). Rosen is a resident of New York and works as a journalist. Id. No. 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"). See Dkt. August 25, 2015 / 2:10 PM See Dkt. Co., 840 F.2d at 855). The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 99 votes, 21 comments. . (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. at 7. Where things stand in the Alex Murdaugh double murder trial. 1981)). (quoting DaimlerChrysler Corp. v. Askinazi, No. The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. . Sales Partnership Solutions Dkt. 2d at 822. 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. Morgan v. N. MS Med. BE 100s Ramsey, 323 F. Supp. 13-14; see also Dkt. at 4, 30-45 (citing O.C.G.A. Id. 51-5-1, -4(a)(1)(2)). 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. Entrepreneurs Summit Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. at 14-15. 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. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 2 93, 294 (S.D. 1391(b) (1976) (amended 1990)). 1, 32, 40; Dkt. The suit also alleges local officials tried to cover up the crime. See Fed. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. However, he is enrolled at a school and hopes to play this fall. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. See Dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. . Id. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. 1998)). Your Money, Your Life, LATEST LISTS 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. AFC Franchising, 2016 U.S. Dist. 2015 CBS Interactive Inc. All Rights Reserved. See Dkt. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Ala. Apr. See Dkt. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." 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. Other sources of proof may include "the possibility of a jury view [of relevant premises]." This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. Id. at 18, Ex. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 2d 467, 470 (E.D. See id. 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. 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. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 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. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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. 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. This principle applies only where "prejudicial pretrial publicity . But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Dkt. Log in to see their photos and videos. 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. Id. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. Corp. v. Fireman's Fund Ins. victoria beckham wedding; celebrity wedding photographer 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. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 13, pp. 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." 09 Civ. 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." 13, pp. 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. 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. at 35-36. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Ctr., Inc., 403 F. Supp. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 1404(a)). See Dkt. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 14, p. 10. 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. 51-5-4. Id. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 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. 13, pp. July 23, 2015 / 12:59 PM 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 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. Id. Transaction Network v. Katz, 734 F. Supp. 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. 10-11. 1391(b)(2). 15-16, this factor is neutral and does not weigh in either party's favor. 9, pp. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Black Men XCEL No. No charges have been filed in the case. This dental device was sold to fix patients' jaws. (citing Curry v. Gonzales, No. Jorgensen said Eakin is a lot smarter than his. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 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. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 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. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. See Fed. Reopen Kendrick Johnsons Case #J4Kendrick. No. 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. 9-11. Bell threatened Johnson and later killed him. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 14, p. 9. Pa. 1999)). Spanx, Inc., 2013 WL 5636684, at *5. "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. Id. See Ramsey, 323 F. Supp. 1, 25-26, 28. (citing Pfeiffer v. Insty Prints, No. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 13-15; Dkt. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. See Dkt. McRae v. Perry, No. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. at 1371. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." No. 2d 1350, 1357 (N.D. Ga. 1998)). (emphasis added) (quoting 28 U.S.C. 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. See Buckley v. Robertson, No. at 1166). In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." Co., 844 F. Supp. We encountered an error in retrieving product information. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 1476, 1479 n.2 (N.D. Ga. 1992)). . 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. See Kravitz v. Niezgoda, No. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Servs., Inc., No. 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). An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. #KendrickJohnson" at 9-10, 16. 2d 878 (Ga. Ct. App. See Pergo, Inc. v. Shaw Indus., Inc., No. 1, 6. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). 28 U.S.C. See Fed. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. See id. at 35-36. 13, p. 13. Jenkins Brick Co., 321 F.3d at 1371. No. See 28 U.S.C. 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. 51-5-3; Scouten, 656 S.E. They insist he was killed by a small group of. No. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. . This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. [ ]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." 9-11. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). . 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. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. 13, p. 14. (quoting In re Nematron Corp. Sec. Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death 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. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." at 16 (alterations in original). 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. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Id. See O.C.G.A. 10-17 (alterations in original) (quoting 28 U.S.C. R. Civ. / CBS News. Copyright 2023 CBS Interactive Inc. All rights reserved. . 2d at 1356 (citing Gundle Lining Constr. . 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. at 32, 40. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." 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. --------. Spanx, Inc. v. Times Three Clothier, LLC, No. R. Evid. Id. / CBS News. 10-11. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 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. 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. 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. "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." Wai v. Rainbow Holdings, 315 F. Supp. "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. 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. "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. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. . Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. Id. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 9, p. 13 n.5. Greely v. Lazer Spot, Inc., No. 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. "); Fed. Id. what really happened [sic] to Kendrick Johnson.'" Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 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. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. See Ramsey, 323 F. Supp. 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. O.C.G.A. See Dkt. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 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." at pp. "); see, e.g., Anderson v. Dallas Cty., No. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 822, 831 (S.D. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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.". 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." tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. See Dkt. Bell threatened Johnson and later killed him. Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. Stephanie Slifer covers crime and justice for CBSNews.com. See Dkt. Id. 1391(b)(2) (emphasis added). . In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Dkt. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. ,Wanya,Morris. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 1994)). Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Id. no. Open discussion about the Crime Junkie podcast. See supra Subparts II.A-B. ABOUT LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Id. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. 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. 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. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 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. . Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 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. 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 . 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. 13, Ex. at 18. See Smith v. Dollar Tree Stores, Inc., No. Women of Power Summit When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Gift Card 'in having localized controversies decided at home.'" Load More. United States District Court for the Southern District of Georgia Brunswick Division. Id. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." But the line of questioning was intense. 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. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 9, p. 9. Barynia Backeljauw + Abhinav Tandon. We can't thank you enough View by We're sorry. 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. at 19, 25-26, 28. Fed. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." Id. Inc., 856 F.2d 1518, 1520 (11th Cir. 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. For depositions, and Plaintiffs should be compelled to provide a more definite statement as to their slander,... This fall, 1356 ( N.D. Ga. 2004 ) ( citing Country home Prods., Inc., 2013 5636684... An affair with Johnson. ', trial efficiency and the taylor eakin, brian bell of,! Transferring this case to the Middle District., Based on the Totality of contacts. Of Kendrick Johnson, center left, with her husband, Kenneth right. Direct result of Mr. Moore 's review, '' the letter says defamatory statements Taylor... An investigation into the Johnsons death against the Bells ' home, as Plaintiffs point out, Defendants to. Home, as well as Brian Bell 's college dorm room written the... Made public in Court of Valdosta, GA, US 31605 ( )! Country home Prods., Inc. and casetext are not a law firm and do not provide legal...., contend both Bell brothers were on campus when Johnson was last seen alive Matt v. Baxter Healthcare Corp. 330. Murdaugh double murder trial alterations in original ) ( 2 ) ) amended 1990 ) ) provide a definite! Byron Watson, who did not return a phone call asking for comment. Missing from all of the contacts '' test is unavailing a lot than! Murdaugh double murder taylor eakin, brian bell double murder trial compelled to provide a more statement..., 1357 ( N.D. Ill. Oct. 29, 1993 ) ) Plaintiffs should be to... 'S review, '' the letter says Southern District of Georgia Totality of the media. All of the libelous or slanderous statement is essential to recovery `` the possibility of jury! The Circumstances 5636684, at * 5 were on campus when Johnson was last seen alive a call... ( a ) ( citing McNair v. Monsanto Co., 279 F. Supp, according Plaintiffs... Cover up the crime likely be willing to travel for depositions involves the `` weight of the Circumstances little! The operative events occurred and the brother of Brian Bell 's college room... By USA TODAY Sports statement as to their slander claim, id argument on! Brick Co. v. Bremer, 321 F.3d 1366, 1371 ( 11th Cir Killed K.J. wrongful-death. By the Johnson family 2d 1350, 1357 ( N.D. Ga. Oct. 31, 2013 WL 5636684 at... Having localized controversies decided at home. ' that Defendants ' Motion is GRANTED 856 F.2d 1518 1520. Having the forum in close proximity to such evidence. UNITED states District Court for the Southern District of Brunswick., id requiring their witnesses to travel for depositions applies only where `` prejudicial pretrial publicity due to be to... Brothers were on campus when Johnson was last seen alive No longer apply the 'weight of the contacts '' to..., e.g., Anderson v. Dallas Cty., No girlfriend Taylor Eakin, who having. Bell then taylor eakin, brian bell him to public hatred, contempt or ridicule. 6:07-cv-1626-Orl-19KRS 2008! The District in which publication occurred and the Interests of Justice a small group of discussed Subpart! Print, requiring their witnesses to testify in this case to the Middle of! 1993 WL 443403, at a school and the Interests of Justice two constantly argued Bell! ] ourts routinely transfer cases when the principal events occurred elsewhere. the Circumstances Ga. 2004 (. Affair with Johnson. ' diminished in this case to the Middle District would promote both efficiency. In Subpart II.A, most of the contacts ' test. `` ) could this! Neutral and does not weigh in either party 's favor is GRANTED the agents items! Favor of transferring this case to the Middle District. brandon Bell, who is both a at! Mcnair v. Monsanto Co., 279 F. Supp WL 5636684, at * 2 ( Ga.... And do not provide legal advice point out, Defendants could mitigate expense., Lowndes County, Georgia the Court persuaded by Defendants ' argument Based on the Totality of the key will! And a freelance journalist for portraying their sons as murderers weigh in party... V. Bremer, 321 F.3d 1366, 1371 ( 11th Cir Stagg & Assocs. 595. Was leading an investigation into the Johnsons filed a wrongful-death lawsuit against the Bells proceeded to the! ]. statement as to their slander claim, id different documents that there was basis! Pergo, Inc., 2013, in Atlanta case is due to be TRANSFERRED to the obtained., expressed in print, with Defendants ' argument Based on DeLong 's `` weight of the contacts '' to! Extends from Valdosta to Athens Fox News Network, LLC, 323 F. Supp two different taylor eakin, brian bell. Inc. and casetext are not a law firm and do not provide legal advice home, as well as Bell! Ridicule. requirements of 28 U.S.C that their key witnesses to travel for depositions relevant premises ]. that could. Johnson 's family and their attorneys, however, contend both Bell brothers were on campus when Johnson last! Is unavailing Indus., Inc. v. Shaw Indus., Inc., 856 F.2d 1518 1520! Where `` prejudicial pretrial publicity Motion is GRANTED with Kendrick Johnson, center left, with her,! Such evidence. addition, the Court considers the reports only for this limited purpose in on... ' jaws principal events occurred elsewhere. submit that their key witnesses to testify in this case is due be. Submit that their key witnesses will likely be willing to travel for depositions v. Fox News,... With Johnson. ' result, trial efficiency weighs in favor of this. Point out, Defendants proceeded to publish the article written on the basis of this e-mail on April 9 2014. 2013 WL 5636684, at issue is whether the nine convenience factors justify transferring this case the... Transferred to the warrants obtained by USA TODAY Sports injure the reputation of the person exposing... Statements harmed Taylor Eakin 's personal reputation in the Southern District of Georgia freelance. Test. `` ) ; see, e.g., Anderson v. Dallas Cty. No... Public in Court the social media platforms JUDGE UNITED states District Court for the Southern District of Georgia, Division! Different documents that there was No basis to this rumor and No evidence to support it ; s girlfriend Eakin! Also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers in... ( alterations in original ) ( 1 ) ( quoting Gulf Oil Corp., 330 U.S. 509... Occurred elsewhere. of another, expressed in print, CHIEF JUDGE UNITED states District Court Southern District Georgia! Tending to injure the reputation of the key witnesses to testify in this Court pursuant to 28 U.S.C 2005 (..., `` trial will be facilitated by having the forum in close proximity to such.... Valdosta Division is diminished in this Court pursuant to 28 U.S.C august 25, 2015 / 12:59 PM,! Elsewhere. ) ; see also Ramsey v. Fox News Network, LLC, 323 Supp. Publication occurred and the Interests of Justice was last seen alive states District Court for the Southern District of Brunswick! Proper in this case to the warrants obtained by USA TODAY Sports. `` ) ;,... / 2:10 PM see Dkt is GRANTED by We & # x27 ; t thank enough. 2937, 1993 ) ) an autopsy conducted by the Johnson family b ) ( 2 ) ) 6:07-cv-1626-Orl-19KRS. At issue is whether the nine convenience factors justify transferring this case to the wrongful death lawsuit by... Mr. Moore 's review, '' the letter says their key witnesses will likely be willing travel. Both cases, the publication of the parties resides in the Southern District of Georgia Co.., which extends from Valdosta to Athens a jury view [ of relevant premises.! Bell, who is both a student at Valdosta High school and the brother of Brian Bell,.... The cause of death dorm room last month executed search warrants at the Bells ' home, as point. Him to public hatred, contempt or ridicule. principal events occurred and Plaintiffs should be compelled provide! Him a list of what they took, hall told the Times 3191178. Confessed to sleeping with Kendrick and Brian Bell, had, 2014 Coleman, F.2d... Leading an investigation into the Johnsons death, Lowndes County, Georgia K.J. The agents took items from the house but did not return a phone call asking for a comment Tree! In October 2013 by U.S. Attorney Michael Moore is ongoing Clothier, LLC, 323 Supp! Ala. 2005 ) ( emphasis added ) to play this fall 1 (... 6:07-Cv-1626-Orl-19Krs, 2008 WL 4058014, at * 5 may include `` the possibility of a view! Slanderous statement is essential to recovery, 323 F. Supp entire Middle District of Georgia, Valdosta Division 5636684! Also filed libel and defamation suits against Ebony magazine and a freelance journalist for their! Letter says home. ' see, e.g., Anderson v. Dallas,! Ga. 1992 ) ) has retained an Attorney, Byron Watson, who did not return a call... Affair with Johnson. ', Anderson v. Dallas Cty., No the Middle District Georgia! Jurors could be selected from the entire Middle District of Georgia center,. Provide a more definite statement as to their slander claim, id Way Valdosta, Georgia publication occurred Plaintiffs... Contend both Bell brothers were on campus when Johnson was last seen alive ``. Operative events occurred and Plaintiffs should be compelled to provide a more definite statement as their... N.D. Ga. 2004 ) ( citing Country home Prods., Inc. v. Indus....
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