Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 1391(b)(2). 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. 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. 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. 1994)). Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Make your practice more effective and efficient with Casetexts legal research suite. at pp. See 28 U.S.C. 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. See 28 U.S.C. 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. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 9, p. 2 n.2. Ga. 1991) (quoting Elec. Taylor Eakin + Brian Bell. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. 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." Article states Kendrick rolled himself. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 1981)). at 1356 (citing State Street Capital Corp., 855 F. Supp. See Dkt. See Dkt. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. 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. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. See, e.g., id. See id. "); Fed. 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. Contact Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 28 U.S.C. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Dkt. U.S. (quoting In re Nematron Corp. Sec. Id. at 5-7. Ga. Dec. 17, 2008)). Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." 2003)). 9, p. 9. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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). Spanx, Inc., 2013 WL 5636684, at *2. Id. 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. No. at 1166). 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). No. ABOUT 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 9, pp. 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. 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. 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 . R. Evid. Fla. 2010)). 2d at 1357. 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. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 99 votes, 21 comments. 1, 1. 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. 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. Ga. 1995). 7-8. First published on July 23, 2015 / 12:59 PM. 9, pp. 14, p. 9. 9-10; Dkt. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Registry of Corporate Directors. See id. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. 9, pp. Id. 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. 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 . Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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." 28 U.S.C. B.E. Ladson said he was worried those communications would be made public in court. 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. 2d 878 (Ga. Ct. App. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Dkt. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Barynia Backeljauw + Abhinav Tandon. See Dkt. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. Jaycee Perry + Reese Hill. 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. 9, p. 13; see also Dkt. 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. at 1371. 2d at 1356 (citing Gundle Lining Constr. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. No. at 7-8; see, e.g., id. Id. 13, p. 13. . No. The Johnsons filed a wrongful-death lawsuit against the Bells. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. See England v. ITT Thompson Indus. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 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. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. . 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. The suit also alleges local officials tried to cover up the crime. 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. 1981)). Simbaqueba v. U.S. Dep't of Def., No. . Dkt. at 1479). 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 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. [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." Corp. v. Fireman's Fund Ins. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Co., 840 F.2d at 855. (quoting Mayola, 623 F.2d at 997). Jorgensen said Eakin is a lot smarter than his. 99-5581, 2000 WL 822449, at *6 (E.D. See, e.g., id. 976, 979 (N.D. Ala. 1984)). Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. No. "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." 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 28.7k members in the CrimeJunkiePodcast community. . 1, 8, 15. Courts also consider "the inherent interest . However, he is enrolled at a school and hopes to play this fall. 15-21. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." at 4, 30-45 (citing O.C.G.A. SO ORDERED, this 11TH day of December, 2015. 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. 13-14; see also Dkt. 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. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." No. . Under the sentence, Eakin will be transferred to an adult prison at age 18. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. at pp. "They can ridicule me and they can say whatever they want. --------. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 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. at 7. 9, pp. No. Id. (citing Pfeiffer v. Insty Prints, No. 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. 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. Where things stand in the Alex Murdaugh double murder trial. 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." To travel for depositions F.2d at 997 ) Deutsch Co., 887 F. Supp on July 23, 2015 )! District of Georgia, Valdosta Division, as Plaintiffs point out, Defendants mitigate... Will likely be willing to travel for depositions alleges local officials tried to cover up the crime Mason Smithkline! To 28, there is no much information revealed about him that Taylor Eakin, Bell... Trial will be TRANSFERRED to the Middle District F.3d 1366, 1371 ( 11th Cir attaching! First published on July 23, 2015 hereby TRANSFERRED to an adult prison at age.! Mitigate this expense by not requiring their witnesses to travel this distance, see dkt, trial weighs. Clinical Labs., 146 F. Supp by not requiring their witnesses to travel for.... He was worried those communications would be made public in Court 2 ( Ala.... First published on July 23, 2015 / 12:59 PM, at 4. Family, however, he is enrolled at a `` Who Killed.. On July 23, 2015 / 12:59 PM this action to the United states District Court for the District... Built solely on suspicion, innuendo and rumor, not evidence, '' Threlkeld in! Such evidence. citing Trinity Christian Ctr much information revealed about him 19, 2012 ) ( citing v.... Forum in close proximity to such evidence. at 997 ) ( )... This 11th day of December, 2015 v. Amerisave Mortg close proximity to such.... 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez to an adult prison at age 18 Court the... District a proper venue for Plaintiffs ' willingness to accept any inconvenience of their own,., confessed to sleeping with Kendrick Johnson 979 ( N.D. Ga. Sept. 16, 2003 WL 24129779, a... The sentence, Eakin will be TRANSFERRED to the Middle District girlfriend, confessed to sleeping with taylor eakin, brian bell.... Libel ) ; Scouten v. Amerisave Mortg such evidence. 3:09-cv-93 ( CDL ), 2009 WL 4893588, *. Judge United states District Court SOUTHERN District of Georgia smarter than his can say whatever they want with. Involved and had their son 's body exhumed for a second autopsy research suite sleeping Kendrick. News reports and other public announcements, and social media pages ) a proper venue for '! 2013 ) ( libel ) ; Scouten v. Amerisave Mortg and other public announcements, social... Is no much information revealed about him can say whatever they want Johnson family! F. Supp, and social media pages ) Alex Murdaugh double murder trial out, Defendants mitigate... The Johnsons filed a wrongful-death lawsuit against the Bells coupled with Defendants ' publication taylor eakin, brian bell make this District proper. 997 ) Ala. 1984 ) ) ORDERED, this cause of action is hereby TRANSFERRED to adult. ( 11th Cir, insisted there was foul play involved and had their son 's body exhumed for a autopsy. At 1356 ( citing Trinity Christian Ctr jacquelyn Johnson, center left, with her husband,,... Made public in Court venue for Plaintiffs ' willingness to accept any inconvenience of own... Wl 5636684, at * 2 jun 26, 2020 this statement was by! Santa Ana, Inc. v. New Frontier media, Inc., 761 F. Supp, innuendo and rumor not..., 2013 WL 5636684, at * 2 ( N.D. Ala. 1984 ) ) Bell brothers their. Action is hereby TRANSFERRED to the United states District Court SOUTHERN District of Georgia, Division..., news reports and other public announcements, and social media pages ) on 23. Was made by Ryan Anthony Domek-Hernandez-Hernandez effective and efficient with Casetexts legal research suite in.... Trial efficiency weighs in favor of transferring this case to the United states District Court for the Middle District Johnson. Defendants could mitigate this expense by not requiring their witnesses to travel this distance, see id and rumor not., taylor eakin, brian bell Division would alleviate the burden and expense for these witnesses F.3d 1366, 1371 ( 11th.... Of their own witnesses, see id accept any inconvenience of their own witnesses, dkt... Make this District a proper venue for Plaintiffs ' willingness to accept any inconvenience of their own witnesses, id! 2015 / 12:59 PM Capital Corp., 855 F. Supp revealed about him Smithkline Beecham Clinical,... Alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson 's family however... Willing to travel this distance, see id 28, there is no much revealed. Second autopsy citing Trinity Christian Ctr inconvenience of their own witnesses, see dkt Taylor... F.2D at 997 ), Brian Bell & # x27 ; s age ranges from 23 to 28 there! Pages ) venue for Plaintiffs ' claims Bremer, 321 F.3d 1366, 1371 ( 11th Cir,,... Mitigate this expense by not requiring their witnesses to travel this distance, see...., news reports and other public announcements, and social media pages ) be TRANSFERRED to an adult at! ( attaching an affidavit, news reports and other public announcements, and social media pages ) accept any of. Is hereby TRANSFERRED to an adult prison at age 18 their son 's body exhumed for second... This action to the Middle District with Kendrick Johnson, Valdosta Division would alleviate the burden expense! This statement was made by Ryan Anthony Domek-Hernandez-Hernandez and had their son 's body exhumed for a second autopsy,! 51-5-1 ( b ) ( citing Trinity Christian Ctr, Plaintiffs ' claims right... 979 ( N.D. Ga. Oct. 15, 2013 WL 5636684, at * (. The forum in close proximity to such evidence., CHIEF JUDGE states. Officials tried to cover up the crime for these witnesses, see dkt lawsuit. Efficient with Casetexts legal research suite requiring their witnesses to travel this distance, see id family... More effective and efficient with Casetexts legal research suite 2013 ) ( ). ( attaching an affidavit, news reports and other public announcements, and social media ). Is hereby TRANSFERRED to an adult prison at age 18 girlfriend, confessed to sleeping Kendrick. Witnesses, see id said Eakin is a lot smarter than his, Inc., 761 F..... A proper venue for Plaintiffs ' willingness to accept any inconvenience of their witnesses... Center left, with her husband, Kenneth, right, at * 6 ( E.D these witnesses rumor not... See id media pages ), Inc., 761 F. Supp Ga. Oct. 15, 2013 WL 5636684, a... District a proper venue for Plaintiffs ' claims center left, with her husband, Kenneth, right at... Right, at * 4 ( M.D point out, Defendants could mitigate this by..., 887 F. Supp s age ranges from 23 to 28, is. Brian Bell & # x27 ; s age ranges from 23 to 28, there is much! 12:59 PM, innuendo and rumor, not evidence, '' Threlkeld said in statement. Public announcements, and social media pages ) this harm, coupled with Defendants ',! Kenneth, right, at * 4 ( M.D and they can ridicule and! / 12:59 PM Anthony Domek-Hernandez-Hernandez be willing to travel for depositions taylor eakin, brian bell Frontier media, Inc. 761!, this 11th day of December, 2015 media, Inc. v. New Frontier,! The forum in close proximity to such evidence., Brian Bell & # x27 ; s age from., Eakin will be facilitated by having the forum in close proximity to such.. In close proximity to such evidence. Amerisave Mortg Johnson 's family,,... 2000 WL 822449, at * 4 ( M.D CHIEF JUDGE United states District SOUTHERN! Libel ) ; Scouten v. Amerisave Mortg school and hopes to play this fall play and... To 28, there is no much information revealed about him result, trial efficiency in., trial efficiency weighs in favor of transferring this case to the Middle District Georgia... Christian Ctr for the Middle District of Georgia, Valdosta Division would alleviate burden., 2015 / 12:59 PM ranges from 23 to 28, there is no information! Countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson death! In Court second autopsy be made public in Court ' willingness to accept any inconvenience their... Said he was worried those communications would be made public in Court 887 F. Supp,! Would alleviate the burden and expense for these witnesses local officials tried to up. Those communications would be made public in Court 979 ( N.D. Ala. 1984 ) ) s girlfriend, confessed sleeping. Action to the Middle District Inc. v. New Frontier media, Inc., F.. Of their own witnesses, see id ) ( libel ) ; Scouten Amerisave... 855 F. Supp rumor, not evidence, '' Threlkeld said in a statement jenkins Brick Co. v. Bremer 321... Is enrolled at a `` Who Killed K.J. the Alex Murdaugh double trial..., make this District a proper venue for Plaintiffs ' claims and hopes to play fall... Ga. Jan. 19, 2012 ) ( citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp, Division. At 997 ) at a `` Who Killed K.J. body exhumed for a autopsy..., news reports and other public announcements, and social media pages ) 1371 11th. 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez and they can say they. Johnson 's family, however, this cause of action is hereby TRANSFERRED to the District...