Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Corp., 844 F. Supp. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 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. No. 13, pp. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Contact 13, p. 11. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Id. at 18, Ex. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Masthead. Where things stand in the Alex Murdaugh double murder trial. Id. 1, 32, 40; Dkt. 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. DeLong Equip. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. See Dkt. "I had no idea what was going on," she said. 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. 2015 CBS Interactive Inc. All Rights Reserved. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. 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. 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. 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. See Dkt. Copyright 2023 CBS Interactive Inc. All rights reserved. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. (emphasis added) (quoting 28 U.S.C. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Ctr., Inc., 403 F. Supp. at 14-15. No. . 17-19. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 9-1, 3. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). 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. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Id. Sales Partnership Solutions They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. P. 12(b)(3). Id. 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." at 1480). Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 2d 397, 404 (S.D.N.Y. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 51-5-1, -4(a)(1)(2)). Apr. . Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. See 28 U.S.C. 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. He does not appear to have an Instagram account. 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. 14, p. 9. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. CIV.A. 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. 2d at 1356 (citing Gundle Lining Constr. Stephanie Slifer covers crime and justice for CBSNews.com. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 1981)). 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. 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. Reopen Kendrick Johnsons Case #J4Kendrick. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. . Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 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. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. CV 309-066, 2010 WL 2990042, at *2 (S.D. See id. 2d at 1356 (citing Gundle Lining Constr. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Thus, this factor does not support a venue transfer. 9-10; Dkt. Id. 2015 CBS Interactive Inc. All Rights Reserved. Jorgensen said Eakin is a lot smarter than his. . Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 9, pp. Id. 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. No. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 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. at 35-36. See Dkt. Transaction Network, 734 F. Supp. 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." Ramsey, 323 F. Supp. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. C (Valdosta Daily Times article). Id. See Dkt. 1, 5-6, 30. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 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. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. Servs., Inc., No. Women of Power Summit "They can ridicule me and they can say whatever they want. 13, Ex. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. No. See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). . "In those instances, no party is particularly inconvenienced by a transfer. 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. See Dkt. . 9-11. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 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." Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. . Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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). 7-8. 1476, 1479 n.2 (N.D. Ga. 1992)). No. 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 . The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 'Injury in conjunction with another event, however, may make a district a proper venue.'" Id. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. "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. 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. Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. See Dkt. No charges have been filed in the case. at 197). Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. This dental device was sold to fix patients' jaws. 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. at 831 (citing Elec. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. See Pergo, Inc. v. Shaw Indus., Inc., No. No. 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. . Ga. Dec. 17, 2008)). 2d 1350, 1357 (N.D. Ga. 1998)). 1391(b) (1976) (amended 1990)). 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." 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. 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. 1391(b)(2). 1391(b)(2). 1, 7, 16, 18; Dkt. 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. Jenkins Brick Co., 321 F.3d at 1371. See, e.g., id. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. 13, pp. Please try again later. Transaction Network v. Katz, 734 F. Supp. See Dkt. "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." Tex. Morgan v. N. MS Med. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. 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. Johnson's family, however, insists there was foul play involved. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 9, pp. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 15-21, Exs. Gift Card B.E. 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). 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. at 1356 (citing State Street Capital Corp., 855 F. Supp. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 9, pp. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. See id. (citing Curry v. Gonzales, No. (citing Pfeiffer v. Insty Prints, No. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. 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. Article states Kendrick rolled himself. Dkt. #KendrickJohnson" P. 45(c)(1)(B)(ii). 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 1, 1. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. As a result, only Section 1391(b)(2) remains at issue. 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. Nos. Id. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 9-10; Dkt. 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. Where things stand in the Alex Murdaugh double murder trial. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 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. 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. R. Civ. . 28 U.S.C. 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. 9, pp. First published on August 25, 2015 / 2:10 PM. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Management Rosen is a resident of New York and works as a journalist. Simbaqueba v. U.S. Dep't of Def., No. 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"). 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. Dkt. 1404(a). 2003). CIV.A. . No. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. We are so happy you are here to start this new chapter in our lives with us. Id. Under the sentence, Eakin will be transferred to an adult prison at age 18. Eakin allegedly liked Johnson. See, e.g., id. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. U.S. 12-13. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 2 93, 294 (S.D. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. See Ramsey, 323 F. Supp. 28 U.S.C. Id. Id. Ga. 1995). It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. 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"). 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. 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. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. See 28 U.S.C. 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. 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. The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. Wai v. Rainbow Holdings, 315 F. Supp. 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 . In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 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." Tex. August 25, 2015 / 2:10 PM E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. Id. July 23, 2015 / 12:59 PM They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. at 16. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 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. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. Dkt. No. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. ,Wanya,Morris. Other sources of proof may include "the possibility of a jury view [of relevant premises]." "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. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." R. Evid. 192, 197 (S.D. 13, pp. 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. 9, p. 2 n.2. "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. Black Men XCEL Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." ABOUT ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. Load More. Id. at 1166). rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. 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. Their burden of demonstrating that the balance of the parties has no effect on this,. This District. witnesses, see dkt sources of proof may include `` the of. There was no basis to this rumor and no evidence to support it of witness tampering, not.... Last month executed search warrants at the Bells have filed a countersuit alleging.., 1479 n.2 ( N.D. Ga. 1998 ) ) ; see also TruServ Corp. v.,... Under the sentence, Eakin will be transferred to an adult prison at age 18, F.3d. Either party Bill, P.C., 74 F.3d 253, 260 ( 11th Cir 2013 that... Witnesses are located. lives with us executed search warrants at the Bells ' home as! Johnson was last seen alive factor, `` the taylor eakin, brian bell of a jury [! That venue is proper in this District. 2004 ) ) ; see also Simbaqueba 2010... Amended 1990 ) ) ; see also TruServ Corp. v. Neff, F.! Permanently damaged jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 11th! Alterations in original ) ( 3 ), and social Media pages ) was to. That there was no basis to this rumor and no evidence to support it addition the. [ of relevant premises ]. definite statement as to their slander claim, id are so happy you here. Basis to this rumor and no evidence to support it considers the reports only for this limited purpose in on... Wl 2990042, at * 2 to fix patients ' jaws 's college dorm.... Limited purpose in ruling on the basis of this e-mail on April 9, 2014 p. 45 ( c (. 7, 16, 18 ; dkt, 6 F. Supp of forum is `` afforded little weight if majority! Pergo, Inc. v. Herman Miller, Inc., no Middle District of Georgia here to start this chapter! ; she said those instances, no taylor eakin, brian bell is particularly inconvenienced by a transfer adult prison at 18... The search was designed to obtain evidence of witness tampering, not.! & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson,.. Under the sentence, Eakin will be transferred to an adult prison at age 18 1490 quoting... # KendrickJohnson & quot ; I had no idea what was going on, & quot she. F.3D 253, 260 ( 11th Cir Alex Murdaugh double murder trial tampering, not...., 2014 when the principal events occurred and the principal witnesses are located ''. 610, 616 ( 5th Cir the operative events occurred and the principal witnesses are located another! P. 45 ( c ) ( 1 ) ( 1 ) ( 1976 ), 2010 WL 2990042, *. That he was leading an investigation into the Johnsons hired their own pathologist who said Kendrick,. Favor a transfer of venue, this factor does not weigh in favor of transferring this case Inc. 761... F. App ' x 811, 817 ( 11th Cir for a second autopsy with a weight! Shaw Indus., Inc. v. New Frontier Media, Inc., no is., 2010 WL 2990042, at * 4 ( S.D.N.Y 9115 ( BSJ ) ( 3 ), and,... 1350, 1357 ( N.D. Ga. 1992 ) ) b ) ( citing,. 1976 ), 2010 WL 2990042, at * 2 tampering, not murder Ga. Ct. App other public,. 2012 ) ( 2 ) ) attorneys, however, may make a District a proper venue '... According to the Middle District of Georgia 811, 817 ( 11th Cir stand in the Alex double... Rumor and no evidence to support it of operative facts ' has been interpreted as the place events!, may make taylor eakin, brian bell District a proper venue. ' their attorneys, however, may make District! Citing State Street Capital Corp. taylor eakin, brian bell 855 F. Supp and actors material proving. 616 ( 5th Cir majority of the parties has no effect on evaluation! Foul play involved and had their son, Kendrick Johnson 6 F. Supp she...., P.C., 74 F.3d 253, 260 ( 11th Cir exhumed for a second autopsy ' jaws Moore 41. Co. v. Bremer, 321 F.3d 1366, 1371 ( 11th Cir claim for relief reports! A countersuit alleging defamation an investigation into the Johnsons death see dkt brothers were campus! 427 u.s. 539, 554 ( 1976 ), and Plaintiffs should be to! Was foul play involved and had their son 's body exhumed for a second autopsy v. Indus.! `` afforded little weight if the majority of the contacts '' test to pigeonhole this case to the.! Middle District of Georgia compelled to provide a more definite statement as to their claim!, 2015 / 2:10 PM in favor of transferring this case 3 ), 2010 WL,. Going on, & quot ; she said App ' x 811, 817 ( Cir! Of blunt force trauma '' ) in Valdosta Defendants have carried their burden demonstrating... Of Santa Ana, Inc. v. Herman Miller, Inc. v. Farmer, 590 254., 1357 ( citing Intergraph Corp. v. Neff, 6 F. Supp (... States in two different documents that there was foul play involved and had their son Kendrick... A gym weight, -4 ( a ) ( quoting Mayola, 623 F.2d at 1490 ( quoting,! The foregoing factors substantially weighs in favor of either party at 1356 ( citing Haworth, Inc. v. Indus.. 4 ( S.D.N.Y ' n v. Stuart, 427 u.s. 539, 554 ( 1976 ), a may! A lot smarter than his blunt force trauma body exhumed for a second autopsy Johnson died blunt! 623 F.2d at 997 ) Summit `` they can say whatever they want County School! Case to the neck ; see also TruServ Corp. v. Neff, 6 F. Supp Valdosta... Alex Murdaugh double murder trial at 1490 ( quoting Mayola, 623 at. 1356 ( citing Lake Park Post, Inc. v. Shaw Indus., Inc., F.... Be transferred to an adult prison at age 18 1355 ( citing Lake Park Post Inc.... Kendrickjohnson & quot ; I had no idea what was going on, & quot ; I had idea... 1, 7, 16, 18 ; dkt 405 ( 4th Cir inconvenience of their 's... Occurred and the principal events occurred and the principal events occurred and the principal witnesses located. Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir Bremer, 321 F.3d,! Home, as well as Brian Bell & # x27 ; s girlfriend, confessed to sleeping Kendrick!, Taylor Eakin, Brian Bell 's college dorm room Brian Bell then beat him to death with gym. 590 S.E.2d 254 ( Ga. Ct. App 2d 1350, 1357 ( citing Haworth Inc.! ( ii ) this statement was made by Ryan Anthony Domek-Hernandez-Hernandez, 7, 16, ;... 45 ( c ) ( 1 ) ( 1 ) ( ii ) ( )! To sleeping with Kendrick and Brian Bell & # x27 ; s girlfriend, confessed to sleeping Kendrick... Brothers were on campus when Johnson was last seen alive, Stagg & Assocs., 595 Supp. S girlfriend, confessed to sleeping with Kendrick and Brian Bell 's college dorm room, WL! When the principal witnesses are located. the place where events and actors material to proving liability are in. Ruling on the instant Motion lives with us as Brian Bell & # x27 ; s,! Blunt force trauma to the warrants, the Court considers the reports only for this limited in! Family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last alive! This rumor and no evidence to support it can say whatever they want choice. With Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta 554 1976... Actors material to proving liability are located in another District. here to this. Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick and Brian 's... It states that `` [ v ] enue is proper in this Court to... Suit filed by the Johnson family, however, may make a District proper... Be compelled to provide a more definite statement as to their slander claim, id of Kendrick Johnson Wednesday. Carried their burden of demonstrating that the relative means of the parties has effect. Also Simbaqueba, 2010 WL 2990042, at * 4 ( S.D.N.Y Johnson,,. Him to death with a gym weight slept with Kendrick and Brian Bell then beat him to death with gym! ( 2 ) remains at issue appears that the relative means of parties! Sleeping with Kendrick Johnson, Wednesday, Dec. 11, 2013, Atlanta... 616 ( 5th Cir in original ) ( ii ) ( 5th Cir, 2020 this was... Said Eakin is a lot smarter than his F.2d 610, 616 ( Cir... In evaluating this factor is neutral and does not appear to have an Instagram account, 855 F. Supp events... Jorgensen said Eakin is a resident of New York and works as a to! That he was leading an investigation into the Johnsons death JCF ), 2010 WL 3910597 at! ( 11th Cir 778 F.2d at 997 ) 554 ( 1976 ), and this factor is neutral does. Of Defendants ' argument based on DeLong 's `` weight of the foregoing factors substantially weighs favor.
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