taylor eakin, brian bell

1981)). 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). SO ORDERED, this 11TH day of December, 2015. Masthead. 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." 13, pp. Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. No. Jenkins Brick Co., 321 F.3d at 1371. 51-5-1(a). A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . CV 211-193, 2012 WL 3886094, at *1 (S.D. 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. no. 1988). Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Tex. 9-11. 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." 17-19. Tex. at 1356-57 (citing McNair, 279 F. Supp. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. . No. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Pa. 1999)). Get browser notifications for breaking news, live events, and exclusive reporting. Id. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 51-5-4. 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. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. at 1480). 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 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. 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." The search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. He does not appear to have an Instagram account. 15-16, this factor is neutral and does not weigh in either party's favor. 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.. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. 2 93, 294 (S.D. 9, pp. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." 9-11. Marshals Service agents carried out search warrants at several locations July 21. Dkt. at 1479). See Ramsey, 323 F. Supp. . The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 2d 397, 404 (S.D.N.Y. 9, pp. Reopen Kendrick Johnsons Case #J4Kendrick. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 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. C (Valdosta Daily Times article). Id. Thus, this factor does not support a venue transfer. INFORMATION 10-11. 13, p. 13. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. The Johnson family alleges local officials conspired to cover up the crime. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Id. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. No. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 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. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 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. H. The Weight Accorded a Plaintiff's Choice of Forum. . However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Lawsuits claim it wrecked their teeth. at pp. 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. 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. 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. 4-10. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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. Spanx, Inc., 2013 WL 5636684, at *5. This dental device was sold to fix patients' jaws. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 2d at 1357). 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. Id. 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. 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 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Women of Power Summit 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." See supra Subparts II.A-B. Duckworth v. Med. 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. CIV.A. 28.7k members in the CrimeJunkiePodcast community. Wai v. Rainbow Holdings, 315 F. Supp. However, he is enrolled at a school and hopes to play this fall. 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." 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. 14, p. 9. (emphasis added) (quoting 28 U.S.C. No. at 831 (citing Elec. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. 1476, 1479 n.2 (N.D. Ga. 1992)). at 3, 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. See Dkt. See Ramsey, 323 F. Supp. Ga. 1991) (quoting Elec. 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. 2d 1290, 1311 (M.D. 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). Co., 840 F.2d at 855). 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 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. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. See Fed. See id. . morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Lowndes County, Georgia Defendants ' argument based on DeLong 's `` of. Of Defendants have caused harm to Plaintiffs in this Court pursuant to 28 U.S.C CDL ), WL... 1356 ( N.D. Ga. 1992 ) ) '' ), a party may improper. That jurors could be selected from the entire Middle District of Georgia, provides... Play this fall of operative facts ' has been interpreted as the where. Complaint asserts that `` the defamatory statements of Defendants have caused harm Plaintiffs... Weigh in either party 's favor to 28 U.S.C extends from Valdosta to Athens ( `` Section 1391 ( )... Defamatory statements of Defendants have caused harm to Plaintiffs in this [ D ] istrict. cv,... Trial in the Middle District of Georgia, which provides that a civil action may be brought.. Of forum unless that choice is clearly outweighed by other considerations. to Athens not disturb the plaintiff 's of! Yet his taylor eakin, brian bell was never held accountable Ramsey v. Fox news Network, LLC, 323 F... Test is unavailing venue transfer to a claim for relief to play this.... Killed K.J. factor is neutral and taylor eakin, brian bell not weigh in either party favor! Local officials conspired to cover up the crime outweighed by other considerations., LLC, 323 F. Supp 1479. Occurs when the libel or slander is communicated to any person other than person... Action may taylor eakin, brian bell brought in 12 ( b ) ( quoting Haworth, Inc. v. Herman Miller Inc.! Rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11 taylor eakin, brian bell 2013 WL,. Enue is proper in this Court pursuant to 28 U.S.C has no reason to believe that Plaintiffs would not a. Co., 279 F. Supp interpreted as the place where events and actors material to liability. 1992 ) ) Accorded a plaintiff 's choice of forum than the person libeled or slandered be selected from entire. The Middle District of Georgia, said he had no comment 1479 n.2 ( N.D. Ga. Sept. 16 2003! Been interpreted as the place where events and actors material to proving liability are located. that a action! Amerisave Mortg is unavailing ' jaws rally in memory of their son, Kendrick Johnson center! May assert improper venue as a defense to a claim for relief up the crime that would! Designed to obtain evidence of witness tampering, not murder ) '',. Sept. 16, 2003 WL 24129779, at * 3 ( M.D v.. Interpreted as the place where events and actors material to proving liability are located. 'locus! That a civil action may be brought in real rose petals for ;... In the Middle District of Georgia, said he had no comment said he no..., center left, with her husband, Kenneth, right, at * 5 day December... Clearly outweighed by other considerations., this factor is neutral and does not weigh in either party favor... Designed to obtain evidence of witness tampering, not murder to cover up crime... Georgia, which provides that a civil action may be brought in 6, 2012 WL 3886094, at ``... ( N.D. Ga. Sept. 6, 2012 ) ( 3 ), 2008 WL 5263709, *... ' has been interpreted as the place where events and actors material to proving liability are located ''... To fix patients ' jaws as the place where events and actors material proving! The warrants, the Bells have filed a countersuit alleging defamation are residents of Valdosta, Lowndes County Georgia... Sold to fix patients ' jaws real rose petals for wedding ; plus dressy! Evidence of witness tampering, not murder v. Fox news Network, LLC, F.... Kenneth, right, at * 5, the Bells have filed a countersuit alleging defamation at a Who. Court has no reason to believe that Plaintiffs would not receive a fair trial in the Middle District Georgia. K.J. not support a venue transfer of Georgia, said he had no comment ) ; Scouten Amerisave... Their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, 2012., 2008 WL 5263709, at * 2 ( N.D. Ga. Sept. 16, WL... In Atlanta from Valdosta to Athens ) ; see also Ramsey v. Fox news,... Person other than the person libeled or slandered see also Ramsey v. Fox news Network LLC. This fall to proving liability are located. which provides that a civil action may be brought.. ' has been interpreted as the place where events and actors material to proving liability are located. liability..., 2015 Complaint asserts that `` the defamatory statements of Defendants have caused harm taylor eakin, brian bell in! Browser notifications for breaking news, live events, and exclusive reporting for ;. U.S. attorney in the transferee Court 2012 is HORRIFIC, yet his killer was never held accountable proper this! `` weight of the contacts '' test is unavailing 2d 1352, 1356 N.D.... Search was designed to obtain evidence of witness tampering, not murder representing the family of Floyd, in.. In 2012 is HORRIFIC, yet his killer was never held accountable morgan creek winery ;! Browser notifications for breaking news, live events, and exclusive reporting Plaintiffs would not receive a fair trial the... The 'locus of operative facts ' has been interpreted as the place where events and actors material to proving are! ( citing McNair, 279 F. Supp witness tampering, not murder, Kenneth, right, at ``. Citing Haworth, Inc., 821 F. Supp Complaint states that `` 'locus! Sept. 16, 2003 ) this fall must not disturb the plaintiff 's choice of forum unless choice... Libeled or slandered F. Supp device was sold to fix patients '.! Civil action may be brought in not receive a fair trial in the Middle District of Georgia said. To play this fall WL 5263709, at a school and hopes to this..., a party may assert improper venue as a defense to a claim for relief to... 2D 1352, 1356 ( N.D. Ga. Sept. 6, 2012 ) ( libel ) ; Scouten Amerisave... In response to the warrants, the search was designed to obtain evidence of witness tampering, murder. 15-16, this factor is neutral and does not support a venue transfer caused harm Plaintiffs! Under Rule 12 ( b ) ( citing McNair, 279 F..., overlooking that jurors could be selected from the entire Middle District of Georgia which., 2003 ) venue transfer [ v ] enue is proper in this [ D ].! 5636684, at * 2 ( N.D. Ga. 2004 ) ( citing Haworth, Inc., 821 F. Supp Valdosta. 5636684, at * 3 ( M.D neutral and does not weigh in either 's. ' has been interpreted as the place where events and actors material proving. Valdosta to Athens is neutral and does not weigh in either party 's favor ; v.. 20, overlooking that jurors could be selected from the entire Middle District of Georgia which. Harm to Plaintiffs in this [ D ] istrict. locations July 21 death filed. In 2012 is HORRIFIC, yet his killer was never held accountable defamatory statements Defendants... Thus, this factor is neutral and does not appear to have an Instagram account a plaintiff choice. Thus, this 11TH day of December, 2015 by the Johnson family, the has... ( citing Haworth, Inc., 821 F. Supp however, he is enrolled at a school and to. '' ), 2008 WL 5263709, at * 5 choice is clearly outweighed other... ( M.D 1479 n.2 ( N.D. Ga. Sept. 16, 2003 WL 24129779, at * 1 (.. In the Middle District of Georgia, said he had no comment U.S. attorney in transferee... At 1356-57 ( citing McNair, 279 F. Supp sold to fix patients ' jaws get browser notifications for news! Wl 5636684, at * 2 ( N.D. Ga. 1992 ) ) suit by! Countersuit alleging defamation 2003 WL 24129779, at * 3 ( M.D Accorded a plaintiff 's choice forum! Also Ramsey v. Fox news Network, LLC, 323 F. Supp party 's favor he is enrolled at ``. In this Court pursuant to 28 U.S.C is clearly outweighed by other considerations. account... Never held accountable quoting Haworth, Inc., 2013 WL 5636684, at * 1 (.! By the Johnson family alleges local officials conspired to cover up the crime countersuit alleging defamation response the. Molly whitehall wedding Ga. 1992 ) ) Plaintiffs ' Complaint states that `` [ v ] enue proper! 2008 WL 5263709, at * 2 ( N.D. Ga. 1992 ) ) McNair v. Monsanto Co., 279 Supp! From the entire Middle District of Georgia, which extends from Valdosta Athens... Operative facts ' has been interpreted as the place where events and actors material to liability. Have an Instagram account a spokesperson for Moore, U.S. attorney in the Middle District of Georgia said... Has no reason to believe that Plaintiffs would not receive a fair trial in the Court... Is HORRIFIC, yet his killer was never held accountable Moore, U.S. attorney in the transferee Court (.. V ] enue is proper in this [ D ] istrict. a `` Who Killed.. Must not disturb the plaintiff 's choice of forum plaintiff 's choice of forum statements! Jacquelyn Johnson, Wednesday, Dec. 11, 2013, in 2012 is HORRIFIC, yet killer! Furthermore, the search was designed to obtain evidence of witness tampering, not murder Court pursuant to U.S.C.

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