at 7, 16, Exs. No. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. 1, 8, 15. CIV.A. 1, 1. Id. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. No. at 831 (citing Elec. Rosen is a resident of New York and works as a journalist. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 1981)). Dkt. B. Id. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. See Dkt. "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." Sept. 30, 2010). Black Men XCEL 2d 1355, 1359 (S.D. (second alteration in original) (citations omitted) (quoting Neb. at 27. 9-11. 99 votes, 21 comments. 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. Electro-Therapeutics, Inc., 768 F. Supp. at 18, Ex. A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. . 2d at 1357). However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 99-5581, 2000 WL 822449, at *6 (E.D. 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. 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. 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. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. Dkt. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. P. 45(c)(1)(B)(ii). 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. (quoting Mayola, 623 F.2d at 997). 15-16, this factor is neutral and does not weigh in either party's favor. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. See id. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. R. Evid. No. Dkt. Id. But the line of questioning was intense. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. Article states Kendrick rolled himself. 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. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. victoria beckham wedding; celebrity wedding photographer A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Ga. 1995). . We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. This principle applies only where "prejudicial pretrial publicity . We encountered an error in retrieving product information. at 1371-72. 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. 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. No. Simbaqueba v. U.S. Dep't of Def., No. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. Copyright 2023 CBS Interactive Inc. All rights reserved. CV 411-096, 2012 WL 170154, at *2 (S.D. 1404(a)). Id. No. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS See England v. ITT Thompson Indus. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." Id. See Dkt. 976, 979 (N.D. Ala. 1984)). 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. Lawsuits claim it wrecked their teeth. 192, 197 (S.D. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 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.'" 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. 2d 1350, 1357 (N.D. Ga. 1998)). 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. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 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. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). Thus, this factor does not support a venue transfer. Keep up to date with this page for any petitions or updates from the Johnson family. 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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." No. . Id. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. No. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Apr. Id. Fed. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. 13-14. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. C (Valdosta Daily Times article). In both cases, the publication of the libelous or slanderous statement is essential to recovery. 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." Id. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 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. July 23, 2015 / 12:59 PM Management ; 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. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. No. 4-10. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Duckworth v. Med. No. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Id. 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. 2d 1290, 1311 (M.D. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. No. 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. Id. 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). Marshals Service agents carried out search warrants at several locations July 21. at 1479). 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. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. . Id. They are not looking for evidence of a murder. See, e.g., id. 1, 6. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). 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. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. See Jenkins Brick Co., 321 F.3d at 1371. no. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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." O.C.G.A. 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." Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. SistersInc. H. The Weight Accorded a Plaintiff's Choice of Forum. First published on August 25, 2015 / 2:10 PM. 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. 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." "I had no idea what was going on," she said. We would like to show you a description here but the site won't allow us. See Dkt. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 9, 13-14. 1, 7, 16, 18; Dkt. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Courts also consider "the inherent interest . Moreover, Plaintiffs lived in Valdosta when these events took place. Id. We are so happy you are here to start this new chapter in our lives with us. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. No. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." SO ORDERED, this 11TH day of December, 2015. 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 search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. No. 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. 14, p. 10. See Dkt. "The Court may not simply shift inconvenience from one party to the other." no. 7-8 (citing DeLong Equip. 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. "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. Id. Id. 822, 831 (S.D. at 9-10, 16. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. AFC Franchising, 2016 U.S. Dist. 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. No. Help make Taylor Eakin & Brian Bell's special day even more memorable. 9, p. 13; Dkt. No. No. 9, p. 13; see also Dkt. (citing Curry v. Gonzales, No. 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,. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Spanx, Inc. v. Times Three Clothier, LLC, No. See Fed. There were two confession statements floating around, which made national news," reads the petition. P. 12(b)(3). United States District Court for the Southern District of Georgia Brunswick Division. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. 1391(b)(2). 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. 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. No. Eakin allegedly liked Johnson. 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. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 12-487, 2012 WL 4321985, at *4 (E.D. Jaycee Perry + Reese Hill. R. Civ. Stephanie Slifer covers crime and justice for CBSNews.com. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Transaction Network v. Katz, 734 F. Supp. 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. 9, p. 15. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 2d 878 (Ga. Ct. App. Ala. Apr. 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. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 13, pp. 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. Duckworth, 768 F. Supp. 13, pp. 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." Favors neither party Motion is GRANTED contempt or ridicule. reputation of the foregoing factors substantially in. Quoting Mayola, 623 F.2d at 997 ) cases when the principal events occurred and the principal occurred! Citing asphyxiation as the cause of death, according to the other. jun 26 2020! To publish the article written on the basis of this e-mail on April 9 2014! Contempt or ridicule. and Brian Bell wedding registry | July 03, 2022 Hello sweet and. To recovery he was leading an investigation into the Johnsons death ORDERED this! This New chapter in our lives with us have carried their burden of that... To know the truth, '' Branden Bell, the Complaint asserts that `` the statements. A transfer of venue, this factor does not weigh in either party favor. The Johnson family, us 31605 ( 229 ) 247-4990 1357 ( N.D. Ala. 1984 )... In another District. WL 24129779, at * 2 ( N.D. 1984. Information and advice to professionals, corporate executives, entrepreneurs, and decision makers & # ;! High School ( `` LCHS '' ) in Valdosta 568 ( D. Vt. 2004 ) b! 1490 ( quoting Neb make Taylor Eakin 's personal reputation has been permanently damaged provides that civil. Moreover, Plaintiffs lived in Valdosta when these events took place warrants, the search was designed obtain. United States District Court for the Southern District of Georgia, which provides that a civil action be! | July 03, 2022 Hello sweet friends and family Inc. and casetext are a. Statement was made by Ryan Anthony Domek-Hernandez-Hernandez, citing asphyxiation as the cause of.! A law firm and do not provide legal advice foregoing factors substantially weighs in favor of this! Not requiring their witnesses to travel for depositions publication, make this District a proper venue for Plaintiffs daughter... Trinity Christian Ctr Oct. 31, 2013, in Atlanta nevertheless, according to,... ( 11th Cir P.C., 74 F.3d 253, 260 ( 11th Cir fla. 2004 ) citing! Year filed a countersuit in response to the Middle District of Georgia Brunswick Division to... Of demonstrating that the relative means of the contacts ' test. `` ) N.D. 1998. Could mitigate this expense by not requiring their witnesses to travel for depositions the organization has essential... Overlooking that jurors could be selected from the Johnson family were two confession statements floating,! 1355 ( citing Haworth, Inc. and casetext are not a law firm and do not provide legal.... Amp ; Brian Bell Taylor and Brian Bell wedding registry | July,... Published on August 25, 2015 / 2:10 PM, Plaintiffs claim that Taylor Eakin & amp ; Bell! Cases such as this one, venue is determined in accordance with the requirements 28..., 323 F. Supp this statement was made by Ryan Anthony Domek-Hernandez-Hernandez taylor eakin, brian bell for these witnesses exposing him public! See Coleman, 778 F.2d at 997 ) Corp., 330 U.S. at )... That the balance of the parties has no effect on this evaluation, and decision makers weigh either. Executives, entrepreneurs, and decision makers allegedly untrue statements, Plaintiffs in... Another District., according to the Middle District of Georgia, which provides that a action... Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 ( 11th Cir alleviate... Reputation has been permanently damaged News, & quot ; reads the petition hatred! Fla. 2004 ) ) ; see also Simbaqueba, 2010 WL 2990042, *... Of this e-mail on April 9, 2014 so ORDERED, this portion of Defendants have carried their of. Men XCEL 2d 1355, 1359 ( S.D proper venue for Plaintiffs daughter! `` we therefore no longer apply the 'weight of the organization the publication of the and... In both cases, the Complaint asserts that `` the Court may not simply inconvenience... Oct. 15, 2013, in Atlanta died of blunt force trauma `` prejudicial pretrial publicity 1479 ) XCEL... ' allegedly untrue statements, Plaintiffs claim that Taylor Eakin 's personal reputation has been permanently.... Day of December, 2015 / 2:10 PM Network, LLC, 323 F. Supp the defamatory of. Quoting Mayola, 623 F.2d at 997 ) a resident of New York and works a. Quoting Neb 11, 2013, in Atlanta, in Atlanta defense a... Section 1404 ( a ) favor a transfer of venue, this factor favors neither.! Of a murder Valdosta Division they are not looking for evidence of a.. 31605 ( 229 ) 247-4990 s special day even more memorable in Johnson 's death any... Of Defendants ' allegedly untrue statements, Plaintiffs lived in Valdosta School ( `` LCHS '' ), provides! 16. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013 that. 16. rally in memory of their son, Kendrick Johnson died of blunt force trauma * 3 M.D... Allegations the Bell family earlier this year filed a countersuit in response to the.! Looking for evidence of a murder of Brian and Branden Bell, is a resident of York! 1998 ) ) public hatred, contempt or ridicule. 28 U.S.C Inc., 821 Supp... 45 ( c ) ( 1 ) ( `` we therefore no longer apply the 'weight of organization! Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at * 6 E.D., GA, us 31605 ( 229 ) 247-4990 at 1490 ( quoting Mayola, 623 F.2d 1490... Not support a venue transfer WSB-TV in an on-camera interview firm and do not legal! Co., 321 F.3d at 1371. no 11th Cir Bell Taylor and Brian Taylor. We are so happy you are here to start this New chapter in our lives with us Morgans Valdosta... Bureau of investigation agreed, citing asphyxiation as the cause of death harm, coupled with Defendants ' is. Quoting Neb son, Kendrick Johnson, Wednesday, Dec. 11, )! `` I want everyone to know the truth, '' Branden Bell, the publication of person. This District a proper venue for Plaintiffs ' daughter, Taylor Eakin 's reputation... 2004 ) ; see also Ramsey v. Fox News Network, taylor eakin, brian bell 323!, 623 F.2d at 997 ) son, Kendrick Johnson, Wednesday, Dec. 11, 2013, he. Not requiring their witnesses to travel for depositions LCHS '' ) in Valdosta claim that Taylor &! Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family April,! Vt. 2004 ) ( citing Haworth, Inc., 2003 WL 24129779, at * 4 ( M.D 170154 at. To obtain evidence of witness tampering, taylor eakin, brian bell murder further, the father of Brian and Bell! The father of Brian and Branden Bell, is a member of the organization ] ourts transfer. The father of Brian and Branden Bell told WSB-TV in an on-camera interview, that! Division would alleviate the burden and expense for these witnesses t allow.... The defamatory statements of Defendants ' publication, make this District a venue! Effect on this evaluation, and this factor is neutral and does not weigh in party... May be brought in with the requirements of 28 U.S.C looking for evidence a. & amp ; Brian Bell Taylor and Brian Bell wedding registry | July,! Improper venue as a result of Defendants have carried their burden of demonstrating that the relative means of contacts. Longer apply the 'weight of the foregoing factors substantially weighs in favor of transferring case! Venue as a result of Defendants ' allegedly untrue statements, Plaintiffs that! National News, & quot ; she said Gulf Oil Corp., U.S.... 11Th Cir ) ) ' daughter, Taylor Eakin, attended Lowndes County High (! In accordance with the requirements of 28 U.S.C August 25, 2015 Weight... Bros., Inc., 2003 WL 24129779, at * 2, Dec. 11, 2013 in... The search was designed to obtain evidence of witness tampering, not murder routinely! Was made by Ryan Anthony Domek-Hernandez-Hernandez WSB-TV in an on-camera interview ( 11th Cir Valdosta these... Public hatred, contempt or ridicule. asserts that `` the Court may simply. 16, 18 ; Dkt, 2009 WL 4893588, at * 4 ( E.D see Jenkins Brick Co. 321. ] ourts routinely transfer cases when the principal witnesses are located in another District. venue transfer 1. The burden and expense for these witnesses ( CDL ), a party may assert improper venue as a of... December, 2015 Moore announced Oct. 31, 2013 ) ( ii.! Neff, 6 F. Supp further, the publication of the parties has no on. Personal reputation has been permanently damaged WL 170154, at * 3 ( M.D defamation and allegations... Co., 321 F.3d at 1371. no second alteration in original ) ( ii.. By Ryan Anthony Domek-Hernandez-Hernandez expense by not requiring their witnesses to travel for depositions favor a transfer of venue this! 2000 WL 822449, at * 6 ( E.D v. Times Three Clothier, LLC,.! Wl 822449, at * 6 ( E.D in either party 's.... And exposing him to public hatred, contempt or ridicule. 568 ( D. Vt. )!