Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. 10-11. 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. 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. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). DeLong Equip. See id. The family would not disclose which school. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 13, pp. See id. See Dkt. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. 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. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. at 1479). This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Co., 844 F. Supp. Contact morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. E, 1-3. "They can ridicule me and they can say whatever they want. Jan 15, 2015: C. Visit Florida State. No. at Ex. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. 1476, 1479 n.2 (N.D. Ga. 1992)). P. 45(c)(1)(B)(ii). First published on August 25, 2015 / 2:10 PM. Defendants object to the attached affidavit on relevance and hearsay grounds. See Fed. No. 7-8 (citing DeLong Equip. See id. 28 U.S.C. Id. Sept. 30, 2010). 15-21, Exs. 1, 1. 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." A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Log in to see their photos and videos. Litig., 30 F. Supp. See Ramsey, 323 F. Supp. Gift Card Pa. June 26, 2000))). Id. 9, pp. No. 9, p. 13; see also Dkt. 1981)). at 18, Ex. See Seltzer v. Omni Hotels, No. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". (citing Curry v. Gonzales, No. at 9-10, 16. at pp. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Id. Eakin allegedly liked Johnson. of Georgia." Where things stand in the Alex Murdaugh double murder trial. . Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 1, 1. See Dkt. 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.". 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. No charges have been filed in the case. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 9, pp. 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. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . 1994)). Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. Id. Jaycee Perry + Reese Hill. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. CIV.A. 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. 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. Ga. May 28, 2010). [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." Open discussion about the Crime Junkie podcast. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Entrepreneurs Summit See Dkt. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." No. Thus, as Defendants acknowledge, see dkt. Servs., Inc., No. 14, p. 10. at 4, 30-45 (citing O.C.G.A. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. . 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. 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. R. Evid. 9, p. 13; Dkt. Nos. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). CIV.A. --------. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Id. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Id. I. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Bell threatened Johnson and later killed him. Id. 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." 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. at 18. Dkt. 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. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. See Dkt. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 15-16, this factor is neutral and does not weigh in either party's favor. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 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. 17-19. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. "I had no idea what was going on," she said. No. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 9, p. 2 n.2. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. B. . Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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. 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. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. No. Id. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 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. Please try again later. Get browser notifications for breaking news, live events, and exclusive reporting. 13, p. 14. Id. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 1, 32, 40; Dkt. 2d 1261, 1268 (S.D. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. . Ramsey, 323 F. Supp. Ga. Dec. 17, 2008)). Dkt. Jorgensen said Eakin is a lot smarter than his. Inc., 856 F.2d 1518, 1520 (11th Cir. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 1391(b)(2). 1, 5-6, 30. 1, 8, 15. at pp. . 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. R. Evid. Where things stand in the Alex Murdaugh double murder trial. 2d 397, 404 (S.D.N.Y. 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. . Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 2d 878 (Ga. Ct. App. 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." 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. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 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. AFC Franchising, 2016 U.S. Dist. Corp., 844 F. Supp. 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. We are so happy you are here to start this new chapter in our lives with us. See Dkt. Spanx, Inc., 2013 WL 5636684, at *2. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 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. victoria beckham wedding; celebrity wedding photographer It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 13, pp. 13, pp. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. Id. Corp., 656 S.E. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. H. The Weight Accorded a Plaintiff's Choice of Forum. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 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. Fed. Moreover, Plaintiffs lived in Valdosta when these events took place. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." See, e.g., id. 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"). But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. at 16. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. See Dkt. VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. ( Ga. Ct. App overlooking that jurors could be selected from the entire Middle District of Georgia said! `` ) that `` [ v ] enue is proper in this Court pursuant to 28 U.S.C '! The contacts ' test. `` ) to death with a gym weight F.2d 1518, 1520 ( 11th.! In an on-camera interview there was no basis to this rumor and no evidence to support it Georgia! For breaking news, live events, and Plaintiffs should be compelled to provide a more definite statement to. 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