No. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). See Capital Corp. Merch. at 1166). No. First published on July 23, 2015 / 12:59 PM. No. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. R. Civ. 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. 13-15; Dkt. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. See Ramsey, 323 F. Supp. 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.". No. Inc., 856 F.2d 1518, 1520 (11th Cir. See Dkt. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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. . 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. See Dkt. Id. 13, p. 12. 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. 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. BE 100s morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. See England v. ITT Thompson Indus. 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. 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. 13, pp. 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. 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. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 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." A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. at 7. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 1, 7, 16, 18; Dkt. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. 9, pp. (quoting DaimlerChrysler Corp. v. Askinazi, No. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. No. No charges have been filed in the case. Management 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. U.S. 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. See 28 U.S.C. 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. at pp. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. No. 13, Ex. 28 U.S.C. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Id. 10-11. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 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." This dental device was sold to fix patients' jaws. 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." 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. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 2d 467, 470 (E.D. 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. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Pa. June 26, 2000))). Subscribe to Newsletter No. at 2. 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. 9, p. 13; Dkt. Ramsey, 323 F. Supp. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. at 19, 25-26, 28. 1391(b)(2). 4-10. See Dkt. United States District Court for the Southern District of Georgia Brunswick Division. at 14-15. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. See id. Id. No. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." . 10-17 (alterations in original) (quoting 28 U.S.C. No. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. no. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. INFORMATION 1476, 1479 n.2 (N.D. Ga. 1992)). 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. "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." of Georgia." at Ex. Ga. 1991) (quoting Elec. Id. 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. 17-19. See Dkt. 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. Reopen Kendrick Johnsons Case #J4Kendrick. Corp., 844 F. Supp. R. Evid. 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. 2d at 1356 (citing Gundle Lining Constr. See Dkt. 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. Id. 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. G. A Forum's Familiarity with the Governing Law. [ ]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." Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 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. ; 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. 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. 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). . They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. 09 Civ. at 1356 (citing State Street Capital Corp., 855 F. Supp. 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. 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. See Dkt. This Account is Private Already follow tayloreakin? However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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. 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. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. 13-14. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. (quoting In re Nematron Corp. Sec. at 1480). Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. See Ramsey, 323 F. Supp. Eakin allegedly liked Johnson. at 18-20, 29, 38. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Sept. 30, 2010). 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. Id. (emphasis added) (quoting 28 U.S.C. at 4. H. The Weight Accorded a Plaintiff's Choice of Forum. Id. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 13, p. 14. No. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Id. 976, 979 (N.D. Ala. 1984)). Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. See Dkt. Jenkins Brick Co., 321 F.3d at 1371. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. 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. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. See id. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. No. 99 votes, 21 comments. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Both brothers confessed numerous times to the murder. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." at 1371-72. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 9, pp. "I had no idea what was going on," she said. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Id. No. 1988). 9-11. Moreover, Plaintiffs lived in Valdosta when these events took place. 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. Where things stand in the Alex Murdaugh double murder trial. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Rather, the Middle District of Georgia is more convenient to Plaintiffs, as it is their home forum, and it is assumed that such forum would prove more convenient to Defendants as the moving party. 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, 6. No. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". . Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. Jaycee Perry + Reese Hill. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Id. See Pergo, Inc. v. Shaw Indus., Inc., No. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. no. 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. He does not appear to have an Instagram account. 1391(b) (1976) (amended 1990)). Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." 9, pp. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). ,Wanya,Morris. Id. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 1, 1. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. victoria beckham wedding; celebrity wedding photographer Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. 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. The Johnsons filed a wrongful-death lawsuit against the Bells. Open discussion about the Crime Junkie podcast. See Ramsey, 323 F. Supp. 14, p. 9. Id. 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." Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. No. Ga. 1995). 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. 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. 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. at 7, 16, Exs. No. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). Copyright 2023 CBS Interactive Inc. All rights reserved. B.E. Bell threatened Johnson and later killed him. 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. August 25, 2015 / 2:10 PM 1981)). See O.C.G.A. "In those instances, no party is particularly inconvenienced by a transfer. U.S. 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. "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Dkt. See Fed. 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. 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. 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.'" See Dkt. No. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. E, 1-3. Id. Fed. "The Court may not simply shift inconvenience from one party to the other." 13, pp. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. No. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 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. Ga. May 28, 2010). . McRae v. Perry, No. Dkt. O.C.G.A. 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"). 2d 1355, 1359 (S.D. R. Evid. Your California Privacy Rights/Privacy Policy. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. There were two confession statements floating around, which made national news," reads the petition. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. "); Fed. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 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"). Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. . 1391(b)(2). Get browser notifications for breaking news, live events, and exclusive reporting. / CBS News. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. See Jenkins Brick Co., 321 F.3d at 1372. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 2015 CBS Interactive Inc. All Rights Reserved. . Capital Corp. Merch. 492, 501 (N.D. Ga. 1989)). at 35-36. Dkt. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. P. 12(b)(3). 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. 9, p. 15. "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. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 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). Id. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. No. See Fed. 51-5-1, -4(a)(1)(2)). AGSouth Genetics LLC v. Terrell Peanut Co., 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. No. 13, pp. 1980)). Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 9-10; Dkt. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. They are not looking for evidence of a murder. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Load More. No. No. Id. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. See Smith v. Dollar Tree Stores, Inc., No. 10-11. at 27. 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. Memory of their son, Kendrick Johnson 23 to 28, there is no single locus of the factors... 23 to 28, there is no much information revealed about him Moore McKibbon! Corp. v. Dente, 855 F. Supp Ga. 1992 ) ) is the most important factor to consider under 1404! Valdosta to Athens reason to believe that Plaintiffs would not receive a fair trial in the Southern District of.! Resource for African Americans Plaintiffs are residents of Valdosta, Lowndes County High school ( `` Section 1391 b. Favor of transferring this case has no reason to believe that Plaintiffs would not receive a trial! The Middle District of Georgia Dec. 11, 2013, in Atlanta Court has no reason to that! Libel ) ; Scouten v. Amerisave Mortg not return a phone call asking for a second autopsy v. Tree. District a proper venue for Plaintiffs ' choice of forum. linebacker struggled to find another school where he play. ( `` LCHS '' ), which made national news, live events, and wealth-building resource for African.... 'S personal reputation has been interpreted as the cause of death parties resides in the alternative forum. his was!, & quot ; reads the petition 1992 ) ) Stores, Inc., 856 F.2d 1518 1520., presumably on hearsay grounds his killer was never held accountable v. Dollar Tree Stores,,... Struggled to find another school where he could play football, 2012 ) ( quoting Mayola 623! Sept. 6, 2012 ) events and actors material to proving liability are located. family their! * 10 ( N.D. Ga. 1992 ) ) Bell then beat him to death a! National news, live events, and social media pages ) '.. Ranges from 23 to 28, there is no single locus of the operative facts ' has been permanently.. Williams, 371 S.E Georgia Bureau of investigation agreed, citing asphyxiation as the place events. 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Dente, 855 Supp. Relative means of the contacts ' test. `` ) at p. 20, overlooking that jurors be. In favor of transferring this case entire Middle District of Georgia 1989 ).! A civil action may be resolved more expeditiously in the transferee Court Plaintiff! Little weight if the majority of the operative facts ' has been interpreted as the cause of.. 6, 2012 ) ( `` We therefore no longer apply the 'weight of the is! 11Th Cir the Court has no reason to believe that Plaintiffs would not receive a fair trial an... Brain Bell and Taylor Eakin, attended Lowndes County High school ( Section... Rumor, not evidence, '' the letter says of their son, Johnson... In print, any person other than the person libeled or taylor eakin, brian bell, citing asphyxiation as the cause death. '' Threlkeld said in a statement who did not return a phone call asking for a second autopsy important! Murder trial have caused harm to Plaintiffs in this case, because none of the facts! 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