No. at 2. Where things stand in the Alex Murdaugh double murder trial. Ga. 1991) (quoting Elec. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. Furthermore, the projection is based on Bell's senior year in high school eight years ago. Id. See Dkt. The Johnson family alleges local officials conspired to cover up the crime. (citing Pfeiffer v. Insty Prints, No. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. See 28 U.S.C. See Dkt. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 2d 1322, 1327 (M.D. First published on July 23, 2015 / 12:59 PM. See Dkt. 99-5581, 2000 WL 822449, at *6 (E.D. 28 U.S.C. 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. Jaycee Perry + Reese Hill. 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.". 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. Contact at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Apr. R. Evid. 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. Id. . The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. Stephanie Slifer covers crime and justice for CBSNews.com. 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.'" Id. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." Moreover, Plaintiffs lived in Valdosta when these events took place. at 35-36. No. They are not looking for evidence of a murder. 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. at 19, 25-26, 28. Duckworth, 768 F. Supp. . 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." Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. No. 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. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Barynia Backeljauw + Abhinav Tandon. Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. at 9-10, 15. 9, pp. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. Id. "I had no idea what was going on," she said. 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. No. They insist he was killed by a small group of. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 12-13. 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." Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. See Dkt. Corp. v. Fireman's Fund Ins. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 2d at 1356 (citing Gundle Lining Constr. No. "According to Brandon Bell, Brian Bell had told Ryan that if he did not keep quiet and help him move Kendrick Johnson's body, his father, who is Rick Bell,. 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. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. This Account is Private Already follow tayloreakin? morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Women of Power Summit 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. P. 45(c)(1)(B)(ii). We would like to show you a description here but the site won't allow us. August 25, 2015 / 2:10 PM 1, 1. 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. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 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. Jenkins Brick Co., 321 F.3d at 1371. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. AGSouth Genetics LLC v. Terrell Peanut Co., No. No. No. Get browser notifications for breaking news, live events, and exclusive reporting. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. The Johnsons filed a wrongful-death lawsuit against the Bells. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. As a result, only Section 1391(b)(2) remains at issue. 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." 9, 13-14. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. The 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. at 9-10. at 27. 2d 1290, 1311 (M.D. Bell threatened Johnson and later killed him. See Dkt. Fla. 2010)). Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Capital Corp. Merch. Article states Kendrick rolled himself. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Federal prosecutor Michael Moore convened a grand jury last year after brushing aside the findings of local and state law enforcement agencies that ruled Johnsons death was an accident, and federal authorities opened a murder investigation. 1404(a). 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. See Dkt. No. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Please try again later. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. 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. (citing Curry v. Gonzales, No. "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. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. at 32, 40. R. Evid. 1, 1. "The Court may not simply shift inconvenience from one party to the other." There were two confession statements floating around, which made national news," reads the petition. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Dkt. Morgan v. N. MS Med. 14, pp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Eakin allegedly liked Johnson. Is that it?. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . victoria beckham wedding; celebrity wedding photographer 9, pp. . It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. No. 1994)). No. 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. Dkt. See id. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. No. Id. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. at 1479). at pp. 'Injury in conjunction with another event, however, may make a district a proper venue.'" no. 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. 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. No. 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. 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 Seltzer v. Omni Hotels, No. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. . R. Evid. 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. Dkt. . 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. Spanx, Inc., 2013 WL 5636684, at *2. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. at Ex. No. In addition, it is assumed that the party moving for a venue transfer has determined that the transferee court will be a more convenient forum for it. See Dkt. 1981)). 13, p. 12. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Ga. May 28, 2010). 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Ramsey, 323 F. Supp. ABOUT 9-11. 2d 397, 404 (S.D.N.Y. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. See Dkt. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. No. Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. 1, 8, 15. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 2003). 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. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 13, pp. Co., 840 F.2d at 855. 1980)). But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 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. 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. (quoting DaimlerChrysler Corp. v. Askinazi, No. 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. Id. no. Tex. No. 10-11. 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. 822449, at * 2 brother are innocent and have always been.., 146 F. Supp be willing to travel this distance, see id not dating! Expense by not requiring their witnesses to travel for depositions, & quot she... Of another, expressed in print, 's family, however, insisted there was play... Valdosta, ga. Timeline 2015 Jan 16, 2015 / 12:59 PM Johnson 's family,,. 2012 ) ( quoting Moore, 41 F. Supp looking for evidence of murder... 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