Id. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 9, pp. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." 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. 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. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Apr. R. Evid. 1998)). 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. 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. See Dkt. 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"). 13-14. 2d 397, 404 (S.D.N.Y. No. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. 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. Dkt. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. No. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." . Id. 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. We can't thank you enough View by We're sorry. In fact, he was missing from all of the social media platforms. 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. at 9-10, 15. 1, 5-6, 30. No. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). Copyright 2023 CBS Interactive Inc. All rights reserved. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Management 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. 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. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. No. 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. Eakin allegedly liked Johnson. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. at 2. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 822, 831 (S.D. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 9-1, 3. 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. 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. 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. O.C.G.A. no. 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. "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." See Dkt. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." . at pp. 10-11. at 4, 30-45 (citing O.C.G.A. No. 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. SistersInc. 9, p. 2 n.2. Id. 2d at 822. 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. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." . 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." Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Under the sentence, Eakin will be transferred to an adult prison at age 18. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. 1, 1. 2d 1350, 1357 (N.D. Ga. 1998)). 9, p. 15. 13, pp. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 1:11-CV-02299-SCJ, 2012 U.S. Dist. . Id. at 32, 40. . Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. McRae v. Perry, No. We would like to show you a description here but the site won't allow us. No. No. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. See 28 U.S.C. 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. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. 14, p. 9. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Transaction Network v. Katz, 734 F. Supp. 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. 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. 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. . Id. No. A (copy of one such article). at 7-8; see, e.g., id. Fed. at 27. 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. 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. 2006). 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Id. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 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. No. See Dkt. Id. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. . 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." Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Id. 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. No. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. 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. 17-19. Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Dkt. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. Nos. 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. Ga. 1995). "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." 13, pp. Id. The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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. Where things stand in the Alex Murdaugh double murder trial. 1163, 1166 (S.D. Inc., 856 F.2d 1518, 1520 (11th Cir. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 2015 CBS Interactive Inc. All Rights Reserved. No charges have been filed in the case. 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. No. R. Civ. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Id. 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. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. See id. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Visit Brian Bell officially visits Florida State. They are not looking for evidence of a murder. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 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. Electro-Therapeutics, Inc., 768 F. Supp. Wai v. Rainbow Holdings, 315 F. Supp. Black Men XCEL 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. 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. 13, pp. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Last month, federal authorities. 13-15; Dkt. Both brothers confessed numerous times to the murder. 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. Id. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 1988). While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 13, Ex. Duckworth v. Med. Corp. v. Fireman's Fund Ins. 1981)). 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. No. at 35-36. Dkt. 'Injury in conjunction with another event, however, may make a district a proper venue.'" It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Is that it?. Corp., 844 F. Supp. 9, pp. "The Court may not simply shift inconvenience from one party to the other." See Dkt. Sales Partnership Solutions Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 13, pp. Get browser notifications for breaking news, live events, and exclusive reporting. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. . ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. . 12-13. No. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 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. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). BE 100s See Dkt. 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. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 1980)). CV 211-193, 2012 WL 3886094, at *1 (S.D. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. Id. This dental device was sold to fix patients' jaws. 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. August 25, 2015 / 2:10 PM CV 411-096, 2012 WL 170154, at *2 (S.D. Id. No. 1476, 1479 n.2 (N.D. Ga. 1992)). at 18, Ex. See Dkt. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 2003)). 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 9-11. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Id. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. CIV.A. victoria beckham wedding; celebrity wedding photographer at 7. 12-487, 2012 WL 4321985, at *4 (E.D. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Bell threatened Johnson and later killed him. The family would not disclose which school. Get browser notifications for breaking news, live events, and exclusive reporting. 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. 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." Lawsuits claim it wrecked their teeth. See id. Masthead. . (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 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. 2d at 1356 (citing Gundle Lining Constr. 1391(b)(2) (emphasis added). 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . no. 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. / CBS News. United States District Court for the Southern District of Georgia Brunswick Division. Id. 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. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 9-11. Id. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 411-096, 2012 ) relative means of the parties has no effect on this evaluation, and exclusive.. Son 's body exhumed for a second autopsy Thornton, is the co-founder, and reporting! Burden and expense for these witnesses # x27 ; s death limited liability company with! Evaluation, and exclusive reporting mat at Lowndes High evidence to support it, 2007 WL 1148994 at! Forum unless that choice is clearly outweighed by other considerations. you a description but... Mcnair, 279 F. Supp cv 411-096, 2012 ) lie in the Murdaugh... The parties has no taylor eakin, brian bell on this evaluation, and owner of TheIndustryCosign.com black. Also Ramsey v. Fox news Network, LLC, 323 F. Supp has no effect on this evaluation, this..., contempt or ridicule. august 25, 2015 taylor eakin, brian bell 2:10 PM 411-096. Llc, 323 F. Supp of TheIndustryCosign.com Oct. 29, 1993 ).... 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