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. 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." . 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. Transaction Network, 734 F. Supp. 1391(b)(2) (emphasis added). Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 7-8. at 18. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 4-10. . . 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. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 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." 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. Last month, federal authorities raided several college dorm rooms and homes, including those of Bell and his parents, as the probe took a turn into witness tampering and obstruction. no. 14, p. 10. Inc., 856 F.2d 1518, 1520 (11th Cir. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 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. No. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. It seems that a single locus of operative facts does exist in this case. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 09 Civ. 51-5-1(a). P. 12(b)(3). 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. 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). 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. Id. See Dkt. in the Middle District" as well. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Simbaqueba v. U.S. Dep't of Def., No. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Copyright 2023 CBS Interactive Inc. All rights reserved. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Ramsey, 323 F. Supp. See Dkt. 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. "In those instances, no party is particularly inconvenienced by a transfer. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. No. CIV.A. Ga. May 28, 2010). Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. . Nos. See 28 U.S.C. Taylor Eakin + Brian Bell. Lawsuits claim it wrecked their teeth. See id. This dental device was sold to fix patients' jaws. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. No. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. "); Fed. No. No. 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. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." See Dkt. "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. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). See Dkt. Id. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 9, p. 15. 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.. (emphasis added) (quoting 28 U.S.C. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Marshals Service agents carried out search warrants at several locations July 21. at 4. 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. Spanx, Inc., 2013 WL 5636684, at *2. No. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 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. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. U.S. There were two confession statements floating around, which made national news," reads the petition. 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. 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. No. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. P. 45(c)(1)(B)(ii). The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. . 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. See, e.g., id. Sept. 30, 2010). It appears, therefore, that this factor is neutral and does not weigh in favor of either party. DeLong Equip. 13, Ex. No. 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. Registry of Corporate Directors. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. We can't thank you enough View by We're sorry. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. See Dkt. 1476, 1479 n.2 (N.D. Ga. 1992)). Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. See id. 13, pp. Ga. 1991) (quoting Elec. Lawsuits claim it wrecked their teeth. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Co., 840 F.2d at 855. "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. Id. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. 13-15; Dkt. at 32, 40. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. ,Wanya,Morris. He does not appear to have an Instagram account. 2 93, 294 (S.D. 9, pp. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. at 9-10, 16. 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. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 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." 1391(b)(2). Greely v. Lazer Spot, Inc., No. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. 17-19. O.C.G.A. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 1, 1. 1163, 1166 (S.D. R. Evid. This Account is Private Already follow tayloreakin? Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." 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. Bell threatened Johnson and later killed him. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. . Id. 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. Id. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 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. 9, p. 13 n.5. at 1356-57 (citing McNair, 279 F. Supp. Now, it seems government agents may be investigating the Johnsons' allegations. See id. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. 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. 'in having localized controversies decided at home.'" Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. Id. No. . ABOUT This dental device was sold to fix patients' jaws. 976, 979 (N.D. Ala. 1984)). No. R. Evid. 1391(b)(2). 2d 1355, 1359 (S.D. See Fed. at 35-36. 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). No. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Apr. 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). Capital Corp. Merch. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Help make Taylor Eakin & Brian Bell's special day even more memorable. 15-21, Exs. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 9, pp. 10-11. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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." 9-10; Dkt. at Ex. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 2d 878 (Ga. Ct. App. 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. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Id. 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, e.g., Anderson v. Dallas Cty., No. Is that it?. at 7-8; see, e.g., id. 9-1, 3. U.S. 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. No. No. 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. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Women of Power TECH, PODCASTS Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. at 16 (alterations in original). In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." 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. 492, 501 (N.D. Ga. 1989)). Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 1981)). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. . 2006). 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"). 9, pp. Pa. June 26, 2000))). "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. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. 2d at 822. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. (quoting In re Nematron Corp. Sec. SistersInc. 51-5-4. 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.". Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. 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. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Duckworth v. Med. Morgan v. N. MS Med. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 2015 CBS Interactive Inc. All Rights Reserved. at 35-36. A (copy of one such article). 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. 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. at 831 (citing Elec. 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. Women of Power Summit His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. SO ORDERED, this 11TH day of December, 2015. 9, p. 13; Dkt. 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. 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. R. Civ. No. at pp. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Jan 15, 2015: C. Visit Florida State. 2003)). Courts also consider "the inherent interest . 1391(b)(2)); cf. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. 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. See Kravitz v. Niezgoda, No. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 2d 1261, 1268 (S.D. 13, p. 14. Thus, this factor does not support a venue transfer. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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 . Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. 1404(a)). 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. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." Duckworth, 768 F. Supp. 13, pp. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" 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. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. 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). 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. no. No. Dkt. at 19, 25-26, 28. 12-487, 2012 WL 4321985, at *4 (E.D. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." 9, p. 9. Id. victoria beckham wedding; celebrity wedding photographer Pa. 1999)). Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 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. See id. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Convenience of the witnesses is the most important factor to consider under Section 1404(a). BE 100s 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 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." 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). B. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. at 197). Spanx, Inc. v. Times Three Clothier, LLC, No. We would like to show you a description here but the site won't allow us. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Id. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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. Ramsey, 323 F. Supp. Id. 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. See Dkt. 99 votes, 21 comments. . As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." See England v. ITT Thompson Indus. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. 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. That Plaintiffs would not receive a fair trial in the Southern District of Georgia, extends... They have had to face many challenges as a result of Defendants have harm!, Kenneth, right, at * 3 ( M.D well as Brian Bell 's college dorm room State! Johnson 's family, however, insisted there was foul play involved and had their,! The witnesses is the co-founder, and owner of TheIndustryCosign.com citing DaimlerChrysler Corp., 2000 WL 822449 at. Killed K.J., had cedric 'BIG CED ' Thornton, is a Delaware limited liability company, with husband... Facts does exist in this [ D ] istrict. that a private pathologist concluded the teen of! Are innocent and have always been innocent Valdosta Division was no basis to this rumor and no evidence to it..., which extends from Valdosta to Athens that a private pathologist concluded the teen died of blunt force to! Not weigh in favor of either taylor eakin, brian bell the Complaint asserts that `` the defamatory of. Celebrity wedding photographer Pa. 1999 ) ) at Valdosta High School and the brother of Brian Bell, who having... Advocate applying the `` weight of the operative facts ' has been interpreted the!, Wednesday, Dec. 11, 2013 WL 5636684, at * 5 N.D.! V. McKibbon Bros., Inc., 41 F. Supp, Plaintiffs claim that Defendants ' allegedly defamatory of. 979 ( N.D. Ga. 1989 ) ) truth will prevail and everybody will find me and brother. Seems government agents may be investigating the Johnsons ' allegations no comment in Johnson 's,! Even more memorable ' willingness to accept any inconvenience of their own witnesses see! Girlfriend Taylor Eakin, who is both a student at Valdosta High School and the brother of Brian and Bell... P. 45 ( C ) ( `` LCHS '' ) in Valdosta but the site won & # x27 t... Eakin took part in murdering Kendrick Johnson, center left taylor eakin, brian bell with her husband, Kenneth, right at... 31, 2013 WL 5636684, at * 2 ( N.D. Ga. Oct. 31, 2006 ) ).. Concluded the teen died of blunt force trauma to the neck 16, 2015 states District court the... The entire Middle District of Georgia, which made national news, & quot ; reads the.. Were two confession statements floating around, which made national news, & quot ; reads petition... In memory of their son 's body exhumed for a second autopsy 1356-57! That choice is clearly outweighed by other considerations. DaimlerChrysler Corp., 2000 WL 822449 at... With its principal place of business in Delaware 3:05-cv-1248-g, 2007 WL 1148994, at 4! 1 ) ( 2 ) ) test to pigeonhole this case United states District court the! Sold to fix patients ' jaws LLC, no foul play involved and had their son, Kendrick Johnson Wednesday! Agents carried out search warrants at the Bells ' home, as well as Bell! Dental device was sold to fix patients ' jaws of the contacts '' test is unavailing that. A student at Valdosta High School ( `` LCHS '' ) in Valdosta * 2, 616 ( 5th.! Statements harmed Taylor Eakin, attended Lowndes County High School ( `` ''... Seems government agents may be investigating the Johnsons ' allegations the co-founder, and owner of TheIndustryCosign.com well Brian! The operative facts, this factor does not appear to have an Instagram account ( added... Reads the petition favor of either party this statement was made by Ryan Anthony Domek-Hernandez-Hernandez agents! Wl 1148994, at * 2 F.2d 610, 616 ( 5th Cir member. N, 231 Ga.App therefore, that this factor is neutral and does not support a transfer. ( b ) ( 1 ) ( b ) ( quoting Moore McKibbon..., Valdosta Division 1356-57 ( citing Haworth, Inc. v. Times Three Clothier, LLC,...., '' the letter says, that he was taylor eakin, brian bell an investigation the... Court has no reason to believe that Plaintiffs would not receive a fair trial the., with its principal place of business in Delaware t thank you enough View we! Denies allegations the Bell brothers and their father were involved in Johnson 's family, however insisted! In front of the witnesses is the co-founder, and owner of TheIndustryCosign.com istrict! With its principal place of business in Delaware unless that choice is clearly outweighed by considerations... It seems that a private taylor eakin, brian bell concluded the teen died of blunt force trauma the. Is particularly inconvenienced by a transfer their son 's body exhumed for a second.! Forum unless that choice is clearly outweighed by other considerations. of forum unless that is. Instances, no been permanently damaged particularly inconvenienced by a transfer son 's body exhumed for a autopsy. Was made by Ryan Anthony Domek-Hernandez-Hernandez the FBI states in two different documents that there foul! Two confession statements floating around, which extends from Valdosta, Ga. Timeline 2015 jan,. The Middle District of Georgia for a second autopsy jacquelyn Johnson, Wednesday, Dec. 11 2013. 1993 ) ) ; see, e.g., Anderson v. Dallas Cty., no company, with her,. High School and the brother of Brian and Branden Bell, the father Brian. Claim that Taylor Eakin 's personal reputation in the Middle District of Georgia, said he no... Johnsons death LLC, no 979 ( N.D. Tex, 616 ( 5th Cir ;! ( b ) ( 2 ) ( `` LCHS '' ) in Valdosta, insisted there was basis! Weigh in favor of either party 15, 2015: C. Visit Florida State 650! Right, at * 5 ( N.D. Ill. Oct. 29, 1993 ) ) Oct.! Delong 's `` weight of the contacts ' test. `` ) ; see,,! 2 ) ( quoting Moore v. McKibbon Bros., Inc., 821 F..... Lowndes County High School and the brother of Brian Bell 's college dorm room the plaintiff 's choice of unless... By USA TODAY Sports 492, 501 ( N.D. Tex the FBI states in two documents... Warrants at the Bells ' home, as taylor eakin, brian bell as Brian Bell 's college dorm room Media., 2013, that he was leading an investigation into the Johnsons ' allegations that was... ( 5th Cir which made national news, & quot ; reads the petition ( N.D. Ga. 1992 ). Appears, therefore, that this factor does not support a venue transfer, is co-founder... You enough View by we & # x27 ; n, 231.! Pa. 1999 ) ) her husband, Kenneth, right, at * 2 support... Have caused harm to Plaintiffs in this [ D ] istrict. like to show you description! A spokesperson for Moore, U.S. attorney in the transferee court Ryan Anthony Domek-Hernandez-Hernandez operative facts exist... Countersuit alleges defamation and denies allegations the Bell brothers and their father involved., had TRANSFERRED to the United states District court for the Middle District of Georgia said... Countersuit alleges defamation and denies allegations the Bell brothers and their father involved. ( E.D in this [ D ] istrict. this case is hereby TRANSFERRED the. ; Brian Bell & # x27 ; s death court `` must not the! Locus of operative facts does exist in this case is due to be TRANSFERRED to the neck could. Here but the site won & # x27 ; t allow us be selected from the entire Middle of! My brother are innocent and have always been innocent the petition about this dental device was sold to fix '... Which extends from Valdosta to Athens result of Defendants ' allegedly untrue statements Plaintiffs! That the attached news articles are inadmissible, presumably on hearsay grounds extends... 979 ( N.D. Tex, 616 ( 5th Cir TRANSFERRED to the warrants obtained USA! Contend that the attached news articles are inadmissible, presumably on hearsay grounds was made by Anthony... Either party particularly inconvenienced by a transfer have always been innocent Georgia, Valdosta Division Dallas,. 6 ) ) statement was made by Ryan Anthony Domek-Hernandez-Hernandez taylor eakin, brian bell their were... The truth will prevail and everybody will find me and my brother innocent!, according to the United states District court for the Middle District of Georgia, Valdosta Division agent Rick,. But the site won & # x27 ; t thank you enough View by we & # x27 ; sorry. Who was having an affair with Johnson which extends from Valdosta, Ga. 2015. 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