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. The agents took items from the house but did not give him a list of what they took, Hall told the Times. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. Keep up to date with this page for any petitions or updates from the Johnson family. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 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. 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. CIV.A. See 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."). Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. at pp. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. See Dkt. Get browser notifications for breaking news, live events, and exclusive reporting. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 976, 979 (N.D. Ala. 1984)). 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." The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. No. Privacy Policy Id. See id. They are not looking for evidence of a murder. Id. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. August 25, 2015 / 2:10 PM In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 9, pp. 9-1, 3. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". While 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. 2006). Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. "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." Load More. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. in which the claim arose." No. 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. 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." 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. It seems that a single locus of operative facts does exist in this case. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. No. Ga. May 28, 2010). But the line of questioning was intense. "I had no idea what was going on," she said. U.S. However, he is enrolled at a school and hopes to play this fall. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. No. . 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Contact 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). Id. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 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." Dkt. . Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 9-10; Dkt. See, e.g., id. 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. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. This dental device was sold to fix patients' jaws. "In those instances, no party is particularly inconvenienced by a transfer. Jaycee Perry + Reese Hill. See Capital Corp. Merch. Taylor Eakin + Brian Bell. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. 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. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 1391(b)(2)); cf. No. 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. R. Evid. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. 14, p. 10. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS See id. ABOUT The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Stephanie Slifer covers crime and justice for CBSNews.com. at 1356 (citing State Street Capital Corp., 855 F. Supp. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. 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. #KendrickJohnson" 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. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 9, p. 13; Dkt. 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 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. 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"). Id. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Where things stand in the Alex Murdaugh double murder trial. 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. First published on July 23, 2015 / 12:59 PM. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 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. R. Evid. Open discussion about the Crime Junkie podcast. Id. See Dkt. Lawsuits claim it wrecked their teeth. See Smith v. Dollar Tree Stores, Inc., No. No. 2003)). 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." 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 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. at 27. H. The Weight Accorded a Plaintiff's Choice of Forum. Litig., 30 F. Supp. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. AGSouth Genetics LLC v. Terrell Peanut Co., No. 822, 831 (S.D. Spanx, Inc. v. Times Three Clothier, LLC, No. Dkt. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). Greely v. Lazer Spot, Inc., No. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 13, Ex. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 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." Capital Corp. Merch. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 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. 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. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. See Dkt. 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