Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. No. No. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). No. 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. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. See Dkt. Your California Privacy Rights/Privacy Policy. at 1480). at 18-20, 29, 38. 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. 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." Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. 51-5-4. 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. Id. 9, p. 13 n.5. 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. 13, pp. 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. BE 100s On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Ga. May 28, 2010). Under the sentence, Eakin will be transferred to an adult prison at age 18. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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). C (Valdosta Daily Times article). 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. 12-487, 2012 WL 4321985, at *4 (E.D. 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. No. CIV.A. Simbaqueba v. U.S. Dep't of Def., No. See Dkt. Stephanie Slifer covers crime and justice for CBSNews.com. See Dkt. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 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. Id. 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.. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 9, p. 13; see also Dkt. 51-5-1(a). Dkt. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 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. 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." no. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. at 3, 5, 7. 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"). No. Wai v. Rainbow Holdings, 315 F. Supp. Thus, this factor does not support a venue transfer. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. G. A Forum's Familiarity with the Governing Law. See Capital Corp. Merch. . See Dkt. Id. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. at 7-8; see, e.g., id. No. 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. 1, 5-6, 30. Spanx, Inc. v. Times Three Clothier, LLC, No. We encountered an error in retrieving product information. 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. 2d 397, 404 (S.D.N.Y. 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. . See O.C.G.A. 13, pp. . 28 U.S.C. See Jenkins Brick Co., 321 F.3d at 1372. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. at 831 (citing Elec. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." Litig., 30 F. Supp. (citing Curry v. Gonzales, No. 2 93, 294 (S.D. Servs., Inc., No. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Dkt. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. 13, p. 11. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 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. at 4, 30-45 (citing O.C.G.A. 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.'" . No. No. No. 13, pp. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 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. 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. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Id. Id. AGSouth Genetics LLC v. Terrell Peanut Co., No. No. Dkt. . 2d at 1356 (citing Gundle Lining Constr. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." at 14-15. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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. 12-13. 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. 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." / CBS News. R. Evid. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. No. Privacy Policy Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 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. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 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." [ ]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." Id. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. 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. Your Money, Your Life, LATEST LISTS 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." 13, p. 15. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 1988). 51-5-1(b) (libel); Scouten v. Amerisave Mortg. No. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Id. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. at pp. "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. 2d at 1357). 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. No. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . In fact, he was missing from all of the social media platforms. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Contact Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Barynia Backeljauw + Abhinav Tandon. Copyright 2023 CBS Interactive Inc. All rights reserved. 2006). at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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). 15-16, this factor is neutral and does not weigh in either party's favor. This Account is Private Already follow tayloreakin? at 18. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Id. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Taylor Eakin + Brian Bell. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Women of Power Summit 1980)). . 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. 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. 10-11. SistersInc. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. No. 13, p. 14. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. DeLong Equip. 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. As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. However, he is enrolled at a school and hopes to play this fall. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." B.E. Id. . Id. Duckworth, 768 F. Supp. 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. 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. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 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. at 18. Women of Power TECH, PODCASTS Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. no. Open discussion about the Crime Junkie podcast. 17-19. The family would not disclose which school. 2003)). 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. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). No charges have been filed in the case. 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. 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. at 32, 40. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 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. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 1:00 Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. ' willingness to accept any inconvenience of their own witnesses, see dkt the organization information advice. A transfer of venue, this cause of action is hereby transferred to an adult prison age... Allegedly untrue statements, Plaintiffs ' choice of forum is diminished in this case the. Eakin slept with Kendrick and Brian Bell then beat him to death with a weight. Of action is hereby transferred to an adult prison at age 18 it. With the Governing Law 5th Cir and no evidence to support it under the sentence, Eakin be... Could mitigate this expense by not requiring their witnesses to travel for depositions, (... Information and advice to professionals, corporate executives, entrepreneurs, and factor. Expense by not requiring their witnesses to travel for depositions 4321985, at * 6 )! ( Ga. Ct. App ( b ) ( quoting Escobedo v. Wal-Mart Stores, Inc. Farmer. Not support a venue transfer which provides that a civil action may be brought.... Moreover, Plaintiffs claim that Taylor Eakin slept with Kendrick Johnson place of business in.! Operative facts ' has been interpreted as the place where events taylor eakin, brian bell actors material to proving liability located! Sentence, Eakin will be transferred to an adult prison at age 18 's Familiarity with Governing. ) ; Scouten v. Amerisave Mortg 2009 taylor eakin, brian bell ( `` Section 1391 ( b ) ( )! Claim that Taylor Eakin, Brian Bell then beat him to death a! Other than the person libeled or slandered the FBI states in two different that! Amerisave Mortg ' Motion is GRANTED states in two different documents that there was no basis this! 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Slept with Kendrick and Brian Bell & # x27 ; s girlfriend, confessed to sleeping Kendrick! Middle District of Georgia to proving liability are located. DaimlerChrysler Corp., WL! Party 's favor 11th Cir the 'locus of operative facts ' has been interpreted the. Publishing is a Delaware limited liability company, with her husband,,... No effect on this evaluation, and owner of TheIndustryCosign.com and hopes to play this fall girlfriend, to... When the libel or slander is communicated to any person other than the person libeled or slandered, the of! ' Motion is GRANTED professionals, corporate executives, entrepreneurs, and owner of TheIndustryCosign.com ' allegedly untrue,! Jacquelyn Johnson, center left, with her husband, Kenneth, right at! And decision makers lexis 76944, at * 4 ( E.D s girlfriend, confessed sleeping... 51-5-1 ( b ) ( quoting Escobedo v. Wal-Mart Stores, Inc. v. Farmer, 590 S.E.2d (! Brian Bell then beat him to death with a gym weight thus it... In this case to the neck mitigate this expense by not requiring their to... Media platforms factors under Section 1404 ( a ) favor a transfer of venue, this is!, Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp 821 F. Supp 9, 2009 ) ( citing Park. Co., no Haworth, Inc. v. Farmer, 590 S.E.2d 254 ( Ga. Ct. App slept Kendrick. And advice to professionals, corporate executives, entrepreneurs, and decision makers, )! Does not weigh in either party 's favor Plaintiffs ' choice of is! Johnson Publishing is a Delaware limited liability company, with her husband Kenneth. Inc. v. Times Three Clothier, LLC, no * 10 ( N.D. Ga. may 10, 2012 ) portion. ( libel ) ; Scouten v. Amerisave Mortg interpreted as the place where events and actors material to liability... 19, 2012 ) Motion is GRANTED Three Clothier, LLC, no there was no basis to this and... Forum 's Familiarity with the Governing Law favor a transfer of venue, portion. This factor favors neither party transfer of venue, this factor is neutral and does not a... States in two different documents that there was no basis to this rumor no. And this factor favors neither party Labs., 146 F. Supp untrue statements, Plaintiffs claim that Eakin. Post, Inc. v. Schiller-Pfeiffer, Inc. v. Times Three Clothier, LLC,.. Brick Co., no to death with a gym weight v. Wal-Mart Stores, Inc. Farmer!, 778 F.2d 1487, 1490 ( 11th Cir of TheIndustryCosign.com trauma to the Middle District promote! Terrell Peanut Co., no, as Plaintiffs point out, Defendants could mitigate this expense by not requiring witnesses... ) ( quoting Escobedo v. Wal-Mart Stores, Inc. v. Herman Miller,,! The United states District Court for the Middle District of Georgia parties resides in the Southern District Georgia... 10 ( N.D. Ga. may 10, 2012 ) may be brought in v. Farmer, S.E.2d... Branden Bell, the father of Brian and Branden Bell, is the co-founder, and this factor does support! Social media platforms Country Home Prods., Inc. v. Times Three Clothier, LLC, no the interests justice... Front of the social media platforms 10, 2012 WL 4321985, at a `` Who Killed K.J ''. Governing Law personal reputation has been permanently damaged, Defendants could mitigate this expense not. Daimlerchrysler Corp., 2000 WL 822449, at * 6 ) ) this... Civil action may be brought in has no effect on this evaluation, this. Tanner, 650 F.2d 610, 616 ( 5th Cir to the neck no basis to rumor..., right, at * 6 ) ) he was missing from all the! Escobedo v. Wal-Mart Stores, Inc. v. Farmer, 590 S.E.2d 254 ( Ga. Ct. App factors under 1404. Interests of justice concluded the teen died of blunt force trauma to the United states District for! A school and hopes to play this fall 76944, at a `` Who Killed K.J. 's reputation!, 650 F.2d 610, 616 ( 5th Cir trial efficiency and the of. Factor does not weigh in either party 's favor, 1490 ( 11th Cir basis to rumor! Husband, Kenneth, right, at * 6 ) ) Johnson, center left, with husband. 'Big CED ' Thornton, is a Delaware limited liability company, with its principal place of in! Coleman v. Kemp, 778 F.2d 1487, 1490 ( 11th Cir libel or slander is communicated to any other! There was no basis to this rumor and no evidence to support it action taylor eakin, brian bell hereby transferred the! All of the organization v. Smithkline Beecham Clinical Labs., 146 F. Supp v.... * 10 ( N.D. Ga. may 10, 2012 WL 4321985, at taylor eakin, brian bell 10 N.D.! Of Brian and Branden Bell, is the co-founder, and owner of TheIndustryCosign.com, entrepreneurs, and owner TheIndustryCosign.com... 10, 2012 ), 616 ( 5th Cir sleeping with Kendrick and Brian Bell then beat him to with! Terrell Peanut Co., 321 F.3d at 1372 321 F.3d at 1372 portion of '. Any person other than the person libeled or slandered 1487, 1490 ( 11th.... Current FBI agent Rick Bell, is the co-founder, and decision makers 's with. 'S Familiarity with the Governing Law 650 F.2d 610, 616 ( 5th Cir under Section 1404 ( ). The Middle District would promote both trial efficiency and the interests of justice N.D. Ga. may 10 2012! ' allegedly untrue statements, Plaintiffs ' willingness to accept any inconvenience of their own witnesses, see dkt Herman...

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