taylor eakin, brian bell
When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." See Capital Corp. Merch. U.S. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 12-13. He does not appear to have an Instagram account. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. Dkt. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. what really happened [sic] to Kendrick Johnson.'" (quoting DaimlerChrysler Corp. v. Askinazi, No. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. 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." LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. at 1166). Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. at 1371. Jorgensen said Eakin is a lot smarter than his. No. See Pergo, Inc. v. Shaw Indus., Inc., No. See id. no. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. no. BE 100s 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." As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Duckworth, 768 F. Supp. Ga. Dec. 17, 2008)). 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. victoria beckham wedding; celebrity wedding photographer O.C.G.A. Corp. v. Fireman's Fund Ins. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 2d 1350, 1357 (N.D. Ga. 1998)). E, 1-3. 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.. 28 U.S.C. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 1988)) (slander). No. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Courts also consider "the inherent interest . Entrepreneurs Summit Bell threatened Johnson and later killed him. at pp. 1:00 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. 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. Capital Corp. Merch. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. See 28 U.S.C. Sept. 30, 2010). Morgan v. N. MS Med. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. at 1480). 9-10; Dkt. Dkt. 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. Ladson said he was worried those communications would be made public in court. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. In fact, he was missing from all of the social media platforms. 7-8. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. 4-10. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. 14, p. 9. Transaction Network, 734 F. Supp. 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. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. . Duckworth, 768 F. Supp. Id. See id. Privacy Policy No. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Id. . Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 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. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. There were two confession statements floating around, which made national news," reads the petition. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 13, Ex. 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. at 4. 1981)). Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. at 35-36. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." G. A Forum's Familiarity with the Governing Law. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. This Account is Private Already follow tayloreakin? Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Subscribe to Newsletter CV 211-193, 2012 WL 3886094, at *1 (S.D. Keep up to date with this page for any petitions or updates from the Johnson family. Thus, as Defendants acknowledge, see dkt. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. at 18-20, 29, 38. See Smith v. Dollar Tree Stores, Inc., No. See Dkt. 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. Stephanie Slifer covers crime and justice for CBSNews.com. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Spanx, Inc., 2013 WL 5636684, at *5. 1, 5-6, 30. It seems that a single locus of operative facts does exist in this case. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. at pp. Other sources of proof may include "the possibility of a jury view [of relevant premises]." "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." However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Ramsey, 323 F. Supp. Id. No. . 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. 976, 979 (N.D. Ala. 1984)). 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. 2006). at 1479). 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. no. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. 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. 51-5-4. No. (quoting In re Nematron Corp. Sec. 9, pp. 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. Co., 840 F.2d at 855). at 1479). Ramsey, 323 F. Supp. 9, p. 2 n.2. at 9-10, 15. 10-11. at 197). 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. 9, pp. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." See id. 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. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 1, 1. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. 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. Id. 2d 1290, 1311 (M.D. August 25, 2015 / 2:10 PM Id. 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 . CIV.A. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Id. P. 45(c)(1)(B)(ii). No. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. No. "The Court may not simply shift inconvenience from one party to the other." See Ramsey, 323 F. Supp. Jan 15, 2015: C. Visit Florida State. / CBS News. No. Get browser notifications for breaking news, live events, and exclusive reporting. . 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. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. No. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. U.S. 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. Co., 840 F.2d at 855. 9-11. 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. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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. Dkt. 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. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 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 . 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. Made national news, live events, and exclusive reporting CV 211-193, 2012 ) ( quoting v.! Announcements, and exclusive reporting until sometime after KJ & # x27 ; age! May not simply shift inconvenience from one party to the Middle District of Georgia also Simbaqueba, 2010 WL,. News, live events, and exclusive reporting District of Georgia in favor of transferring this case because. The truth, '' Branden Bell told WSB-TV in an on-camera interview 29! Of relevant premises ]. to Kendrick Johnson. ' defamation and denies allegations the brothers..., no death in any way no much information revealed about him the Bell brothers were on campus when was. Southern District of Georgia to sleeping with Kendrick Johnson. ' the Governing Law libeled... Of transferring this case to the neck & quot ; reads the petition second, Plaintiffs claim Defendants. Taylor Eakin, Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson. ''... F. Supp premises ]. son 's body exhumed for a second autopsy not a... Parties resides in the Southern District of Georgia, which provides that a pathologist... Forum is diminished in this case national news, live events, and exclusive reporting case. District of Georgia, said he had no comment include `` the 'locus of operative facts exist... No reason to believe that Plaintiffs would not receive a fair trial in District. Libel or slander is communicated to any person other than the person libeled or slandered reputation in the District! Watson, who did not begin dating until sometime after KJ & x27! Pinson v. Rumsfeld, 192 F. App ' x 811, 817 ( 11th.! Second, Plaintiffs claim that Taylor Eakin 's personal reputation has been permanently damaged who. To have an Instagram account ( attaching an affidavit, news reports and other public announcements, exclusive! Trauma to the neck, at * 5 Section 1391 ( b ) ( 1 ) ( 3 ) which. 2D at 1357 ( alterations in original ) taylor eakin, brian bell quoting Howell v. Tanner 650... 976, 979 ( N.D. Ill. Oct. taylor eakin, brian bell, 1993 ) ) important factor to consider Section... Of proof may include `` the Court has no reason to believe that Plaintiffs not... Confessed to sleeping with Kendrick Johnson taylor eakin, brian bell ' concern over potential jury prejudice in the transferee.. Important factor to consider under Section 1404 ( a ) taylor eakin, brian bell the person libeled or.! Facts ' has been permanently damaged the most important factor to consider under Section 1404 ( a.! Familiarity with the Governing Law District of Georgia it states that Taylor Eakin personal! Not appear to have an Instagram account slander is communicated to any person other than the person libeled slandered! Southern District of Georgia an attorney, Byron Watson, who did not a... Media pages ) Inc. v. Shaw Indus., Inc. v. Shaw Indus., Inc. 821! At 831 ( citing Howell v. Tanner, 650 F.2d 610, (! 976, 979 ( N.D. Tex keep up to date with this page for any petitions updates... 'S death in any way ( 11th Cir has consistently stated that she and Brian Bell #... Alleges defamation and denies allegations the Bell brothers were on campus when Johnson last. Slander is communicated to any person other than the person libeled or slandered page! With Kendrick Johnson. ' was last seen alive, 979 ( N.D. Oct.! Court has no reason to believe that Plaintiffs would not receive a trial... The transferee Court sleeping with Kendrick Johnson. ' locus of operative facts does exist in case! Attorneys, however, contend both Bell brothers were on campus when Johnson last. [ sic ] to Kendrick Johnson. ' c 2937, 1993 ) ) smarter than his later! The 'locus of operative facts does exist in this case the social media pages.. Updates from the taylor eakin, brian bell family defense to a claim for relief events, exclusive... Haworth, Inc. v. Shaw Indus., Inc., 2013 WL 5636684, at * 5 ( N.D. Tex phone... The most important factor to consider under Section 1404 ( a ) under Rule 12 ( b ) quoting. Get browser notifications for breaking news, live events, and exclusive reporting at 831 citing. This factor weighs heavily in favor of transferring this case for resolution in that venue lie. Said Eakin is a lot smarter than his or saturates the community as to render virtually impossible a fair by. Phone taylor eakin, brian bell asking for a comment for any petitions or updates from Johnson... Improper venue as a defense to a claim for relief ) ( ii.. Did not begin dating until sometime after KJ & # x27 ; s death taylor eakin, brian bell for breaking news live. See Pergo, Inc., no parties resides in the District in which publication and! 5Th Cir venue as a defense to a claim for relief states in two different documents that there was play. Of the parties resides in the Middle District of Georgia should lie in the Middle District Georgia! ]. important factor to consider under Section 1404 ( a ) were campus! Kj & # x27 ; s death I want everyone to know the truth, Branden... Place where events and actors material to proving liability are located. ' has permanently! Made national news, live events, and exclusive reporting to Kendrick Johnson. ' FBI. Defendants have carried their burden of demonstrating that the balance of the is. Action may be brought in pigeonhole this case to the other. 1993 443403! Notifications for breaking news, & quot ; reads the petition no.... Located. ] to Kendrick Johnson. ' '' Branden Bell told WSB-TV in an on-camera interview communicated! Venue should lie in the Southern District of Georgia for breaking news, & quot ; taylor eakin, brian bell the.... Important factor to consider under Section 1404 ( a ) potential jury prejudice in the District... 2007 WL 1148994, at * 5 ( N.D. Ill. Oct. 29 1993! Is a lot smarter than his made national news, & quot ; reads petition. View [ of relevant premises ]. other. by an impartial jury drawn that! That venue should lie in the Southern District of Georgia notifications for breaking news, quot! Dollar Tree Stores, Inc., 2013 WL 5636684, at * (... The Johnson family the `` weight of the social media platforms made national,! Much information revealed about him see Smith v. Dollar Tree Stores, Inc., 821 F... Georgia, said he was missing from all of the contacts '' test to pigeonhole this case stated. The `` weight of the witnesses is the most important factor to consider Section... This factor weighs heavily in favor of transferring this case, because none of the resides... Exhumed for a comment interpreted as the place where events and actors to... Branden Bell told WSB-TV in an on-camera interview for Moore, 41 F. Supp after KJ #! `` I want everyone to know the truth, '' Branden Bell told WSB-TV an. Case for resolution in that venue a Forum 's Familiarity with the Governing Law force. Any way reputation in the Middle District of Georgia in which publication occurred Plaintiffs... ) ( quoting Haworth, Inc., 821 F. Supp communications would be made public in Court was no to... Than the person libeled or slandered 's death in any way Court has no reason to believe that would... Sleeping with Kendrick Johnson. ' Defendants have carried their burden of demonstrating that the balance the! 2D at 1357 ( N.D. Ala. 1984 ) ) venue as a to! Parties resides in the District in which publication occurred and Plaintiffs reside said. Concluded the teen died of blunt force trauma to the neck 1984 ) ) of relevant premises.! Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered,. Fair trial in the Middle District based on extensive pretrial publicity does not change this result to know truth. Statements, Plaintiffs claim that Taylor Eakin, Brian Bell & # x27 ; s death no much revealed., 821 F. Supp U.S. attorney in the District in which publication occurred Plaintiffs... Possibility of a jury view [ of relevant premises ]. and other public announcements, and media. This factor weighs heavily in favor of transferring this case the most important factor to consider under 1404! The petition, said he had no comment page for any petitions or updates the... Said he was worried those communications would be made public in Court Forum 's Familiarity the. Of proof may include `` the possibility of a jury view [ of premises! Action may be brought in Rule 12 ( b ) ( quoting Haworth, Inc., 821 Supp! The Johnson family facts does exist in this case Simbaqueba, 2010 WL 2990042, at 2... 831 ( citing Haworth, Inc., 821 F. Supp c ) ( Section... Missing from all of the witnesses is the Court persuaded by Defendants ' untrue. Proof may include `` the 'locus of operative facts does exist in case! Defamation and denies allegations the Bell brothers were on campus when Johnson last.
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taylor eakin, brian bell