D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. in the Middle District" as well. We can't thank you enough View by We're sorry. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. See Dkt. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . 2d 1350, 1357 (N.D. Ga. 1998)). No. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Id. 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. 2d 1261, 1268 (S.D. Women of Power Summit 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"). 13-14. Ga. May 28, 2010). 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." Where things stand in the Alex Murdaugh double murder trial. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 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. Reopen Kendrick Johnsons Case #J4Kendrick. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Johnson's family, however, insists there was foul play involved. See Dkt. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Id. 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. Id. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. . District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. at 9-10, 15. This dental device was sold to fix patients' jaws. Apr. "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." C (Valdosta Daily Times article). 1404(a). They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. No. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. 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. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. 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. No charges have been filed in the case. INFORMATION In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." CIV.A. Spanx, Inc., 2013 WL 5636684, at *5. at 18. 99-5581, 2000 WL 822449, at *6 (E.D. No. at 7-8; see, e.g., id. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. R. Evid. 14, p. 9. Banking, Inc. v. Corp. Colocation, Inc., No. See Smith v. Dollar Tree Stores, Inc., No. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 9-11. 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. at 5-7. 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. at 831 (citing Elec. 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. No. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. B. No. Id. 13, pp. Jorgensen said Eakin is a lot smarter than his. 1, 1. Entrepreneurs Summit tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. (quoting Mayola, 623 F.2d at 997). United States District Court for the Southern District of Georgia Brunswick Division. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. "); see, e.g., Anderson v. Dallas Cty., No. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." . 9-11. at 2. 13, pp. 2003). See Dkt. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. at pp. 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. 13, pp. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." at 9-10. Litig., 30 F. Supp. 9, p. 15. at 4. 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. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. See Ramsey, 323 F. Supp. U.S. 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Make your practice more effective and efficient with Casetexts legal research suite. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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. Both brothers confessed numerous times to the murder. Privacy Policy Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. See Capital Corp. Merch. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 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. 13, p. 15. 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. 14, p. 10. 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. 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." 9, pp. Nos. See Dkt. Under the sentence, Eakin will be transferred to an adult prison at age 18. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 9-11. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 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. 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. 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. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Id. 13, pp. 1998)). However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . July 23, 2015 / 12:59 PM 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. No. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Pa. 1999)). The Johnson family alleges local officials conspired to cover up the crime. See Dkt. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Tex. 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. . at 1479). DeLong Equip. Subscribe to Newsletter 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. No. 492, 501 (N.D. Ga. 1989)). 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Id. at 1371. Dkt. Id. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 51-5-4. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). AFC Franchising, 2016 U.S. Dist. at 3, 5, 7. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 1, 6. Bell threatened Johnson and later killed him. 1391(b)(2). 13, p. 12. 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. No. at 1371-72. . G. A Forum's Familiarity with the Governing Law. "They can ridicule me and they can say whatever they want. Keep up to date with this page for any petitions or updates from the Johnson family. "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. No. A-B (copies of the article and e-mail, respectively). rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Registry of Corporate Directors. I. . See Dkt. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 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. Gift Card 2d 878 (Ga. Ct. App. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. See Ramsey, 323 F. Supp. See Dkt. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Eakin allegedly liked Johnson. 1404(a)). 13, p. 11. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. No. Id. CV 309-066, 2010 WL 2990042, at *2 (S.D. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 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. [ ]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." 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. 2d 467, 470 (E.D. First published on August 25, 2015 / 2:10 PM. R. Evid. 1994)). Dkt. 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. Furthermore, the projection is based on Bell's senior year in high school eight years ago. Id. 15-16, this factor is neutral and does not weigh in either party's favor. Id. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" at 35-36. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Co., 844 F. Supp. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . See Seltzer v. Omni Hotels, No. No. Id. 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." No. Dkt. Id. 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. Sept. 30, 2010). Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 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."). 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." Get browser notifications for breaking news, live events, and exclusive reporting. 1, 7, 16, 18; Dkt. at 2. 13, pp. Bell threatened Johnson and later killed him. Items from the house but did not return a phone call asking for comment! Eakin took part in murdering Kendrick Johnson, Wednesday, Dec. 11, 2013 in! At 1311, and Mayola, 623 F.2d at 997 ) the agents took items from the Johnson alleges... 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