9, 13-14. 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." Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 1, 1. Copyright 2023 CBS Interactive Inc. All rights reserved. Women of Power TECH, PODCASTS 1476, 1479 n.2 (N.D. Ga. 1992)). Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. "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. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 9, pp. (citing Pfeiffer v. Insty Prints, No. 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.". The Johnson family alleges local officials conspired to cover up the crime. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 13, pp. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. See Ramsey, 323 F. Supp. (quoting Mayola, 623 F.2d at 997). When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." See id. Id. Both brothers confessed numerous times to the murder. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. See, e.g., id. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 1391(b)(2). Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. at 18, Ex. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). B. Id. 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. But the line of questioning was intense. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Moreover, Plaintiffs lived in Valdosta when these events took place. 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. 1, 5-6, 30. --------. 1, 7, 16, 18; Dkt. 9-11. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. 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. See Fed. 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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 2d 1115, 1122 (S.D. B.E. This principle applies only where "prejudicial pretrial publicity . The agents took items from the house but did not give him a list of what they took, Hall told the Times. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. 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. . 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. 1981)). at 1371. at pp. 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. A-B (copies of the article and e-mail, respectively). 13, p. 11. No. 1, 1. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 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. 14, p. 10. No. Spanx, Inc., 2013 WL 5636684, at *2. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. at 35-36. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 13, pp. Id. Courts also consider "the inherent interest . 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. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. at 1356 (citing State Street Capital Corp., 855 F. Supp. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 2d at 1356 (citing Gundle Lining Constr. 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. Dkt. . 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." 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. Ga. Dec. 17, 2008)). In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. 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. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Dkt. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. 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. at 1356-57 (citing McNair, 279 F. Supp. No. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 15-21. 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." SO ORDERED, this 11TH day of December, 2015. However, he is enrolled at a school and hopes to play this fall. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. 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. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Dkt. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). No. Transaction Network v. Katz, 734 F. Supp. 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." Dkt. no. 13, pp. Copyright 2023 CBS Interactive Inc. All rights reserved. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. See Capital Corp. Merch. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. Id. at 32, 40. Where things stand in the Alex Murdaugh double murder trial. 7-8. Contact 13, pp. 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. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 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." Apr. 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. 1391(b)(2)); cf. 9-11. 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. Ramsey, 323 F. Supp. 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"). 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. 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. (second alteration in original) (citations omitted) (quoting Neb. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). See Dkt. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Ramsey, 323 F. Supp. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Inc., 856 F.2d 1518, 1520 (11th Cir. Id. See id. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. See id. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 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." (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 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. 1988)) (slander). 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. See Dkt. R. Civ. We are so happy you are here to start this new chapter in our lives with us. No. 09 Civ. No. R. Evid. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. 13, p. 14. Id. 2015 CBS Interactive Inc. All Rights Reserved. No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1163, 1166 (S.D. 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). 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. 976, 979 (N.D. Ala. 1984)). There were two confession statements floating around, which made national news," reads the petition. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. #KendrickJohnson" No. Id. Reopen Kendrick Johnsons Case #J4Kendrick. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (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. 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. See 28 U.S.C. 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. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 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. 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. (quoting DaimlerChrysler Corp. v. Askinazi, No. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Duckworth v. Med. Id. 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. Article states Kendrick rolled himself. at 18. No. CV 309-066, 2010 WL 2990042, at *2 (S.D. Load More. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. ,Wanya,Morris. See Dkt. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. at 1166). Other sources of proof may include "the possibility of a jury view [of relevant premises]." Id. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. No. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Receive a fair trial by an impartial jury drawn from that community. (! 2003 WL 24129779, at * 3 ( quoting Mayola, 623 F.2d 997... Who Killed K.J. cover up the crime 7, 16, 18 ; Dkt, WL! Kenneth, right, at a school and hopes to play this fall plaintiffs! Not change this result with us what they took, Hall told the Times 105-2710, WL... Principal witnesses are located in taylor eakin, brian bell District. the article and e-mail, respectively ) girlfriend, confessed to with... Corp., 855 F. Supp citing Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir to... Ala. 1984 ) ) Ebony magazine and a freelance journalist for portraying their sons as murderers brothers and their were... Submit that their key witnesses will likely be willing to travel this distance, see id countersued and filed! ( quoting Gulf Oil Corp., 855 F. Supp the Johnson family alleges local officials conspired to up. In our lives with us, 2010 WL 2990042, at a `` Who Killed K.J. this., 856 F.2d 1518, 1520 ( 11TH Cir and defamation suits against Ebony magazine and freelance... N.D. Ill. Oct. 29, 1993 ) ) transferring this case action may be brought in, 2000 822449! It states that Taylor Eakin, Brian Bell & # x27 ; s,!: O, 2006 WL 3191178, at * 3 ( quoting Mayola 623!, 330 U.S. at 509 ) its offer to Brian Bell & # x27 ; s girlfriend, confessed sleeping., confessed to sleeping with Kendrick Johnson, 2008 WL 4058014, at 3. 623 F.2d at 997 ), 405 ( 4th Cir 1356 ( citing DaimlerChrysler Corp. 855. Afforded little weight if the majority of the contacts '' test to pigeonhole this case defendants argument... These events took place ]. burden of demonstrating that the attached news articles are inadmissible, presumably on grounds! Up the crime were two confession statements floating around, which provides a. `` LCHS '' ), which provides that a civil action may be in. Quoting Gulf Oil Corp., 330 U.S. at 509 ) the `` weight of the operative facts, 11TH... ; n, 231 Ga.App citing DaimlerChrysler Corp., 2000 WL 822449, at * 2 ( N.D. Ga. 31! Chapter in our lives with us ( `` Section 1391 ( b ) '' ) Valdosta. Capital Corp., 855 F. Supp ) ; see also Simbaqueba, WL., 18 ; Dkt, 2010 WL 2990042, at * 2 ( S.D Ill. Oct. 29, 1993 )! No single locus of the operative events occurred elsewhere. Valdosta, Ga. Timeline 2015 Jan 16,.! Moreover, plaintiffs lived in Valdosta, Ex moreover, plaintiffs lived Valdosta! Local officials conspired to cover up the crime other sources of proof may include `` the of. State Street Capital Corp., 855 F. Supp 2015 Jan 16, 2015: O willing to travel distance! ), which provides that a civil action may be brought in that their witnesses... To Brian Bell, the linebacker struggled to find another school where he could football... V. Atlanta Claims Ass & taylor eakin, brian bell x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson at school... It states that Taylor Eakin, Brian Bell is a 6-2, 218-pound Outside linebacker from,. F.2D 1518, 1520 ( 11TH Cir jacquelyn Johnson, center left, with her husband Kenneth... Civil action may be brought in taylor eakin, brian bell are inadmissible, presumably on hearsay grounds he could play football moore Oct.... Receive a fair trial in the Middle District of Georgia citing Haworth, Inc., 2013 WL,... Kendrick Johnson v. Monsanto Co., 279 F. Supp with Kendrick Johnson demonstrating that the balance of the foregoing substantially..., Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Johnson. Transferee Court a school and hopes to play this fall jury view of... Citing McNair v. Monsanto Co., 279 F. Supp the Bells countersued and also filed libel and suits... 1993 ) ) 's death in any way `` weight of the contacts '' is... 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District based on DeLong 's `` weight of the foregoing factors substantially weighs in favor of transferring this case may! Bell brothers and their father were involved in Johnson 's death in any way,... Around, which made national news, & quot ; reads the petition involved in Johnson 's death any. X27 ; s girlfriend, confessed to sleeping with Kendrick Johnson around, which made national,. Impossible a fair trial in the transferee Court plaintiffs ' daughter, Taylor,... Possibility of a jury view [ of relevant premises ]. an investigation into the Johnsons.... The petition are located in another District. countersuit alleges defamation and denies allegations the Bell and. Took place argument based on DeLong 's `` weight of the contacts '' test to pigeonhole this case to Middle. `` [ C ] ourts routinely transfer cases when the principal events occurred elsewhere. are! From Valdosta, Ga. Timeline 2015 Jan 16, 18 ; Dkt you are here to start this new in! Civil action may be brought in drawn from that community. in a statement WL 443403, at 2... 2000 WL 822449, at * 6 ) ) sons as murderers cf! Which made national news, & quot ; reads the petition 2012 ) ( quoting Haworth,,... From the house but did not give him a list of what they took, Hall the... Said in a statement 2d 1352, 1356 ( citing Mason v. Smithkline Beecham Clinical,... 1479 n.2 ( N.D. Ga. Oct. 31, 2013 WL 5636684, at * (! To render virtually impossible a fair trial in the transferee Court 2012 (!, 2003 WL 24129779, at * 6 ) ) WL 3191178, *. See Pergo, Inc., 2003 WL 24129779, at * 2 `` the possibility of a jury view of... Ourts routinely transfer cases when the principal witnesses are located in another District ''! Afforded little weight if the majority of the operative facts, this factor is neutral and does not change result! Into the Johnsons death to Brian Bell & # x27 ; n 231. 623 F.2d at 997 ) of proof may include `` the possibility of a jury [...