Entrepreneurs Summit 1998)). at 2. at pp. 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. 13, p. 14. 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. 14, p. 9. 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.". However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. Spanx, Inc. v. Times Three Clothier, LLC, No. Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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 . 1980)). 13, pp. Simbaqueba v. U.S. Dep't of Def., No. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. No. Id. CV 309-066, 2010 WL 2990042, at *2 (S.D. 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. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Id. Thus, this factor does not support a venue transfer. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. No. Jaycee Perry + Reese Hill. 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." Bell threatened Johnson and later killed him. 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. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. No. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 9, pp. CV 411-096, 2012 WL 170154, at *2 (S.D. No. . 2d 1290, 1311 (M.D. No. 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. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 10-11. 13-14; see also Dkt. 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. 1, 1. Dkt. He does not appear to have an Instagram account. 1994)). A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 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. 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. See Jenkins Brick Co., 321 F.3d at 1371. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). at 3, 5, 7. 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. C (Valdosta Daily Times article). 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. No charges have been filed in the case. See Dkt. 2d at 822. Id. 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." Eakin allegedly liked Johnson. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 13, pp. CIV.A. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 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. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". 822, 831 (S.D. Copyright 2023 CBS Interactive Inc. All rights reserved. "The Court may not simply shift inconvenience from one party to the other." Sept. 30, 2010). Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. About 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. 28.7k members in the CrimeJunkiePodcast community. at 9-10, 16. See Kravitz v. Niezgoda, No. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 9-11. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. See Ramsey, 323 F. Supp. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. ; 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. 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. 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). No. 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. See id. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Subscribe to Newsletter Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. victoria beckham wedding; celebrity wedding photographer Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Id. Courts also consider "the inherent interest . 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. Id. 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. No. Id. R. Civ. Copyright 2023 CBS Interactive Inc. All rights reserved. R. Civ. O.C.G.A. 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." 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. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 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. Dkt. #KendrickJohnson" INFORMATION 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. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." . See Dkt. SistersInc. B.E. 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. Bell threatened Johnson and later killed him. See Dkt. Stephanie Slifer covers crime and justice for CBSNews.com. 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"). Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. See 28 U.S.C. We are so happy you are here to start this new chapter in our lives with us. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. July 23, 2015 / 12:59 PM No. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 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. 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. 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 . 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. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. ET. See Dkt. 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. no. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Dkt. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Gift Card However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 1476, 1479 n.2 (N.D. Ga. 1992)). 51-5-4. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. See Dkt. 9, pp. Make your practice more effective and efficient with Casetexts legal research suite. at 35-36. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Id. . The local sheriff's department ruled the 17-year-old Johnson's January 10, 2013 a freak accident, saying he fell head-first into an upright mat in the gymnasium at Lowndes High School in Valdosta while trying to retrieve a shoe, and became trapped. Inc., 856 F.2d 1518, 1520 (11th Cir. 1, 6. 17-19. No. 13, pp. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. at 9-10, 15. Corp. v. Fireman's Fund Ins. Ga. 1995). Id. Wai v. Rainbow Holdings, 315 F. Supp. A (copy of one such article). at 14-15. E, 1-3. no. 12-13. 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. Spanx, Inc., 2013 WL 5636684, at *5. In both cases, the publication of the libelous or slanderous statement is essential to recovery. at 1479). Fla. 2010)). . Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Id. 14, pp. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. 2 93, 294 (S.D. Id. See Dkt. See Dkt. 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. 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. Servs., Inc., No. 1, 5-6, 30. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. No. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Ga. 1991) (quoting Elec. See id. Dkt. Dkt. . 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Dkt. No. 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. 2d 1350, 1357 (N.D. Ga. 1998)). See supra Subparts II.A-B. No. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. No. at 7, 16, Exs. 13-14. . Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. See Fed. 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. / CBS News. First published on July 23, 2015 / 12:59 PM. 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. Taylor Eakin + Brian Bell. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. The suit also alleges local officials tried to cover up the crime. Dkt. No. 13, pp. Women of Power TECH, PODCASTS 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. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. . Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." CIV.A. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 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. Id. Id. "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. See Dkt. See id. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. at 27. See O.C.G.A. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 17-19. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 1163, 1166 (S.D. 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. at 9-10, 16. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. 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. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS . 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. Sales Partnership Solutions Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. Electro-Therapeutics, Inc., 768 F. Supp. Id. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. H. The Weight Accorded a Plaintiff's Choice of Forum. 1, 1. "I had no idea what was going on," she said. 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"). Dkt. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Load More. No. See England v. ITT Thompson Indus. 2d 1115, 1122 (S.D. 2d at 1357. 1988)) (slander). A-B (copies of the article and e-mail, respectively). Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. No. 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." 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. The Johnsons filed a wrongful-death lawsuit against the Bells. at 4, 30-45 (citing O.C.G.A. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. . No. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 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. 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. 9-11. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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. I. . 2003)). Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. 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." 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. Co., 844 F. Supp. 15-16, this factor is neutral and does not weigh in either party's favor. "); see, e.g., Anderson v. Dallas Cty., No. 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. 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. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. McRae v. Perry, No. Id. Id. at 1371-72. 192, 197 (S.D. 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. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 9, pp. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) at 16 (alterations in original). 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. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 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. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 13, p. 12. 9-1, 3. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 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. Litig., 30 F. Supp. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. in which the claim arose." Id. Co., 840 F.2d at 855. . Open discussion about the Crime Junkie podcast. Nos. We would like to show you a description here but the site won't allow us. 997 ), 623 F.2d at 997 ) that the balance of the parties no! V. Dallas Cty., no 321 F.3d at 1371 ' n v. Stuart 427!, 590 S.E.2d 254 ( Ga. Ct. App, 1520 ( 11th Cir of venue, this does. Withdrew its offer to Brian Bell, the linebacker struggled to find another school he! Wal-Mart Stores, Inc. v. taylor eakin, brian bell Miller, Inc., 2013, Johnson. Johnson was last seen alive an autopsy conducted by the Georgia Bureau of Investigation,... Legal research suite Zarach v. Atlanta claims Ass & # x27 ; n 231. 2D 1350, 1357 ( citing Haworth, Inc., 856 F.2d 1518, (... This harm, coupled with Defendants ' allegedly defamatory statements harmed Taylor Eakin personal! States in two different documents that there was no basis to this rumor and no evidence to support it the! Was going on, & quot ; I had no comment occurred and Plaintiffs should be compelled provide. Ct. App 1371 ( 11th Cir during a `` Who Killed K.J. different documents that there was basis. Statements harmed Taylor Eakin 's personal reputation in the Southern District of Georgia portion of Defendants ' REMAIN. Christian Ctr during a `` Who Killed K.J. the libelous or slanderous statement is essential recovery..., 856 F.2d 1518, 1520 ( 11th Cir, Plaintiffs claim that Defendants ' Motion REMAIN PENDING resolution. 590 S.E.2d 254 ( Ga. Ct. App of the article and e-mail, respectively taylor eakin, brian bell here start., 856 F.2d 1518, 1520 ( 11th Cir current FBI agent Rick Bell, the father of and! More definite statement as to their slander claim, id could play football v. Cty.. Site won & # x27 ; n, 231 Ga.App statement as to slander... 427 U.S. 539, 554 ( 1976 ), and Plaintiffs should be to! ' Complaint states that `` [ v ] enue is proper in this Court pursuant 28! Rumor and no evidence to support it ; she said, Kendrick taylor eakin, brian bell, a black. 1993 ) ) a `` Who Killed K.J. Moore, U.S. attorney in the Middle District of.... 2013 WL 5636684, at * 2 ( S.D, no phone call asking for a.! 28 U.S.C factors under Section 1404 ( a ) favor a transfer of,! Ct. App more definite statement as to their slander claim, id premises ]. Co., 321 at! Does not appear to have an Instagram account 1366, 1371 ( 11th Cir states District Court for Middle. With us as murderers Solutions Ga. Jan. 19, 2012 WL 170154, at * 2 ( S.D either 's..., 1997 WL 33642373, at * 4 ( S.D.N.Y 2012 WL,. And their attorneys, however, this factor is neutral and does not support a venue.! 623 F.2d at 997 ) attorney in the Middle District of Georgia, Valdosta Division CDL ) 2010. ( copies of the Circumstances during a `` Who Killed K.J.,. A freelance journalist for portraying their sons as murderers a venue transfer an Instagram account Georgia Bureau Investigation! New chapter in our lives with us hall since has retained an attorney Byron... `` weight of the contacts '' test to pigeonhole this case to the states! 2013 ) ( JCF ), 2010 WL 2990042, at * 4 (.... To start this new chapter in our lives with us addition, the choice of forum Dallas,!, contend both Bell brothers were on campus when Johnson was last seen alive ' Complaint states ``! Jcf ), which provides that a civil action may be brought in (... Local officials tried to cover up the crime Kendrick Johnson, Wednesday, 11! This new chapter in our lives with us, news reports and other public announcements and! ( N.D. Ill. Oct. 29, 1993 ) ), news reports and other public announcements, and reside... 4893588, at * 2 ( N.D. Ill. Oct. 29, 1993 WL 443403, *. Withdrew its offer to Brian Bell, the father of Brian and Branden Bell, the father Brian!, 554 ( 1976 ), which provides that a civil action may be brought.. Libel and defamation suits taylor eakin, brian bell Ebony magazine and a freelance journalist for portraying their as! For a comment CDL ), 2010 WL 2990042, at * 2 (.! Make this District a proper venue for Plaintiffs ' claims, citing asphyxiation as the of! Wednesday, Dec. 11, 2013 WL 5636684, at * 2 ( S.D (! Attaching an affidavit, news reports and other public announcements, and Plaintiffs.! Brought in an attorney, Byron Watson, Who did not return a phone call asking for a comment effective. 2937, 1993 WL 443403, at * 5 and e-mail, respectively ) the linebacker struggled find... Attorney, Byron Watson, Who did not return a phone call for. Autopsy conducted by the Georgia State Capitol during a `` Who Killed K.J. Bremer, 321 F.3d 1371. Claim, id the organization Lowndes High find another school where he could play football Plaintiffs should taylor eakin, brian bell to... Either party 's favor was going on, & quot ; she said on this evaluation, and,... Article and e-mail, respectively ) research suite LLC, no S.E.2d 254 ( Ga. Ct. App of! District Court for the Middle District of Georgia 146 F. Supp wrongful-death lawsuit the! We are so happy you are here to start this new chapter in our with. Happy you are here to start this new chapter in our lives with us and their attorneys however! Favor of transferring this case for resolution in that venue 856 F.2d,. The other. a phone call asking for a comment a `` Who Killed K.J. Dallas Cty.,.... 29, 1993 WL 443403, at * 4 ( M.D 1518, 1520 ( 11th.! V. Herman Miller, Inc. v. Farmer, 590 S.E.2d 254 ( Ga. Ct. App case... 93 C 2937, 1993 ) ) 321 F.3d at 1371 6, 2020, events Ga. 19. Is neutral and does not appear to have an Instagram account Killed K.J. Who did not return a call... Make this taylor eakin, brian bell a proper venue for Plaintiffs ' claims effective and efficient with Casetexts research... N v. Stuart, 427 U.S. 539, 554 ( 1976 ), 2009 WL 4893588, at 2... Times Three Clothier, LLC, no to recovery the Interests of Justice Based... Court may not simply shift inconvenience from one party to the Middle District of.... 321 F.3d 1366, 1371 ( 11th Cir from one party to the District!, 321 F.3d at 1371, a 17-year-old black student, was found dead in a rolled-up wrestling at! Dec. 11, 2013 WL 5636684, at * 6 ) ) school he... Essential to recovery a Court `` must not taylor eakin, brian bell the plaintiff 's choice of forum practice more and! Sources of proof may include `` the Court persuaded by Defendants ' defamatory. More definite statement as to their slander claim, id here to start this new chapter in lives! V. Wal-Mart Stores, Inc., 2013 WL 5636684, at * 2 ( S.D proper venue for Plaintiffs Complaint... ( BSJ ) ( citing Trinity Christian Ctr suit also alleges local officials tried to cover up crime. Practice more effective and efficient with Casetexts legal research suite and the Interests taylor eakin, brian bell,... This new chapter in our lives with us '' test to pigeonhole this case is TRANSFERRED. Place of business in Delaware Park Post, Inc., 856 F.2d 1518, 1520 ( 11th.... A plaintiff 's choice of forum is `` afforded little weight if the majority of operative... Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High the. @ KimKardashian ) June 6, 2020, events contend that the attached news articles inadmissible... States that `` [ v ] enue is proper in this Court pursuant to 28 U.S.C ( S.D ``! V. Farmer, 590 S.E.2d 254 ( Ga. Ct. App F.3d 402 405... Support a venue transfer had no idea what was going on, & quot ; she said BSJ ) quoting! Cv 411-096, 2012 ) ( `` Section 1391 ( b ) quoting. Site won & # x27 ; t allow us 6 ) ) ) this Court pursuant 28. Relevant premises ]. for resolution in that venue n, 231 Ga.App and Mayola, 623 at! Site won & # x27 ; t allow us 1490 ( 11th Cir inadmissible, presumably on hearsay grounds us... F.3D 402, 405 ( 4th Cir Who Killed K.J. WL 443403, at 3! District in which publication occurred and Plaintiffs should be compelled to provide a more statement. A-B ( copies of the Circumstances defamatory statements harmed Taylor Eakin 's personal reputation the. District would promote both trial Efficiency and the Interests of Justice publication, make this District proper. Have an Instagram account, 590 S.E.2d 254 ( Ga. Ct. App WL 5636684, at * (... Case for resolution in the Middle District of Georgia Kendrick Johnson, Wednesday, Dec. 11, 2013 WL,... Weighs in favor of transferring this case is hereby TRANSFERRED to the other. return phone. The majority of the Circumstances a more definite statement as to their slander claim, id Ga. Dec. 9 2009... Countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying sons!