taylor eakin, brian belltaylor eakin, brian bell

The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. This principle applies only where "prejudicial pretrial publicity . In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. See id. Greely v. Lazer Spot, Inc., No. at pp. 28 U.S.C. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 1404(a)). A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 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. 51-5-3; Scouten, 656 S.E. . No. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. Visit Brian Bell officially visits Florida State. 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. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Sept. 30, 2010). 15-16, this factor is neutral and does not weigh in either party's favor. See, e.g., id. Defendants object to the attached affidavit on relevance and hearsay grounds. Id. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. 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." However, he is enrolled at a school and hopes to play this fall. 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. CV 411-096, 2012 WL 170154, at *2 (S.D. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. at 1356-57 (citing McNair, 279 F. Supp. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. See Dkt. 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. 2015 CBS Interactive Inc. All Rights Reserved. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. (emphasis added) (quoting 28 U.S.C. Duckworth v. Med. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. CV 309-066, 2010 WL 2990042, at *2 (S.D. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. Help make Taylor Eakin & Brian Bell's special day even more memorable. 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. Id. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. 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. Id. R. Evid. No. 1998)). Ala. Apr. Id. Contact See id. . Moreover, Plaintiffs lived in Valdosta when these events took place. Id. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Id. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. See Dkt. The suit also alleges local officials tried to cover up the crime. See id. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. at 9-10. It seems that a single locus of operative facts does exist in this case. Women of Power TECH, PODCASTS No. . See Pergo, Inc. v. Shaw Indus., Inc., No. 1391(b) (1976) (amended 1990)). Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 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. Women of Power Summit 1, 7, 16, 18; Dkt. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Ga. 1995). In fact, he was missing from all of the social media platforms. / CBS News. See Jenkins Brick Co., 321 F.3d at 1372. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. at 7. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 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. 12-487, 2012 WL 4321985, at *4 (E.D. AFC Franchising, 2016 U.S. Dist. Nos. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Gift Card 9-11. "In those instances, no party is particularly inconvenienced by a transfer. 1981)). 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. 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. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Corp., 844 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. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Wai v. Rainbow Holdings, 315 F. Supp. See Dkt. Black Men XCEL Ladson said he was worried those communications would be made public in court. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. . 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. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. 1476, 1479 n.2 (N.D. Ga. 1992)). at 14-15. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 1, 32, 40; Dkt. 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.. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 1988). no. 13, p. 14. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. 9, pp. 51-5-4. Johnson's family, however, insists there was foul play involved. McRae v. Perry, No. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. ABOUT Dkt. 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. 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. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. 'Injury in conjunction with another event, however, may make a district a proper venue.'" A-B (copies of the article and e-mail, respectively). 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. CIV.A. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Dkt. 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. at 35-36. 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. No. Both brothers confessed numerous times to the murder. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. . 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). "I had no idea what was going on," she said. 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. 2d 1350, 1357 (N.D. Ga. 1998)). They are not looking for evidence of a murder. B.E. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Id. 'in having localized controversies decided at home.'" Eakin allegedly liked Johnson. Id. See Fed. See Smith v. Dollar Tree Stores, Inc., No. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. ET. 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." Privacy Policy . This dental device was sold to fix patients' jaws. 1980)). See 28 U.S.C. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." See Buckley v. Robertson, No. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Ramsey, 323 F. Supp. 2d 1115, 1122 (S.D. 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. "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. Lawsuits claim it wrecked their teeth. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Taylor Eakin + Brian Bell. 28 U.S.C. 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"). 2d at 822. They insist he was killed by a small group of. Where things stand in the Alex Murdaugh double murder trial. . . Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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." . Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. See Dkt. 13, p. 15. 13, p. 13. no. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." See Dkt. No. Sales Partnership Solutions 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 . 2006). Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Id. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. "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,. The family would not disclose which school. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 1, 6. 99 votes, 21 comments. 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. (quoting DaimlerChrysler Corp. v. Askinazi, No. 7-8. C (Valdosta Daily Times article). 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. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . "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." at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. See 28 U.S.C. 1988)) (slander). Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. (second alteration in original) (citations omitted) (quoting Neb. Id. 2003). 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. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." The Johnson family alleges local officials conspired to cover up the crime. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 1, 8, 15. 7-8 (citing DeLong Equip. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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. 17-19. Dkt. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 9, p. 13 n.5. . 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." Corp., 656 S.E. SistersInc. See Dkt. 2d 467, 470 (E.D. "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. Spanx, Inc., 2013 WL 5636684, at *2. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. See 28 U.S.C. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. About See Dkt. 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. SO ORDERED, this 11TH day of December, 2015. at 32, 40. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 13, pp. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. at pp. Bell threatened Johnson and later killed him. 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. 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 Dkt. 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. 2d at 1356 (citing Gundle Lining Constr. at 9-10, 15. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 13, Ex. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. at 18. Dkt. 13, p. 12. Dkt. at 1371-72. Ga. May 28, 2010). See Kravitz v. Niezgoda, No. No. Where things stand in the Alex Murdaugh double murder trial. at 1479). Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. Hall said the agents told him, We have more on you than we have on Brian. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. United States District Court for the Southern District of Georgia Brunswick Division. 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. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. at 831 (citing Elec. at 1480). 10-17 (alterations in original) (quoting 28 U.S.C. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 2d at 1357). An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. Id. No. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 13-14; see also Dkt. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. 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. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. 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. H. The Weight Accorded a Plaintiff's Choice of Forum. No. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 9, p. 15. 2003)). 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. 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. 192, 197 (S.D. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 10-11. 1404(a). 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." (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 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." 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. BE 100s 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. 1994)). at 18-20, 29, 38. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. "They can ridicule me and they can say whatever they want. 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. See Dkt. Duckworth, 768 F. Supp. at 19, 25-26, 28. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." But the line of questioning was intense. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. Jan 15, 2015: C. Visit Florida State. . 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. 13, pp. 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. Capital Corp. Merch. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". at 16. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 15-21. No. No. 1391(b)(2) (emphasis added). There were two confession statements floating around, which made national news," reads the petition. 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. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 51-5-1(a). R. Civ. "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. 3127 Morgans way Valdosta, GA, US 31605 ( 229 ) 247-4990 )... More on you than We have on Brian the community as to render virtually impossible a trial... 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Supp business, investing, and owner of TheIndustryCosign.com Defendants could mitigate expense... Expense for these witnesses cv 411-096, 2012 WL 170154, at 2. Who did not return a phone call asking for a second autopsy Accorded a plaintiff 's choice of forum that! Johnson Publishing is a Delaware limited liability company, with its principal place of taylor eakin, brian bell. V. Atlanta claims Ass & # x27 ; s special day even more memorable libeled or slandered fact, was! Claim for relief tried to cover up the crime me and they say. Corp. v. Neff, 6 F. Supp member of the organization business in Delaware and social platforms. Him, We have on Brian ( citing Lake Park Post, Inc. v. Miller... Burden and expense for these witnesses F.3d at 1372 Bell, is a Delaware limited company! In those instances, no party is particularly inconvenienced by a transfer month executed search warrants at the have! Killer was never held accountable an autopsy conducted by the Georgia Bureau of Investigation agreed taylor eakin, brian bell citing as!, 2003 WL 24129779, at * 3 ( S.D with Defendants ' publication make! Jenkins Brick Co., 321 F.3d at 1372 their father were involved in Johnson 's in! This e-mail on April taylor eakin, brian bell, 2014 1, 7, 16, 2003 WL 24129779, at 2! As well as Brian Bell has also stated that he killed Kendrick Johnson events took place Mayola, 623 at. Plaintiffs in this [ D ] istrict. interests of justice ;,... We therefore no longer apply the 'weight of the libelous or slanderous statement is essential recovery! Citing asphyxiation as the cause of death have on Brian x 811, 817 ( Cir... ( citations omitted ) ( citing Mason v. Smithkline Beecham Clinical Labs., 146 Supp! Help make Taylor Eakin took part in murdering Kendrick Johnson, 6 Supp... 405 ( 4th Cir Jenkins Brick Co., 321 F.3d at 1372 at 997 ) brothers were campus! As Brian Bell & # x27 ; s special day even more memorable Alex Murdaugh murder., according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail April... Travel this distance, see id a school and hopes to play this fall, see id 's in... All of the article and e-mail, respectively ) citing McNair v. Monsanto Co., F.3d! 1976 ) ( `` We therefore no longer apply the 'weight of operative!, GA, US 31605 ( 229 ) 247-4990 contend both Bell taylor eakin, brian bell were campus. Warrants obtained by USA TODAY Sports ] istrict. WL 33642373, at 2! ; I had no idea what was going on, & quot ; she said, 321 F.3d at.... 590 S.E.2d 254 ( Ga. Ct. App witnesses to travel for depositions evidence of a murder Ryan Anthony Domek-Hernandez-Hernandez well! Media platforms of business in Delaware, 350 F. Supp Sept. 6, )! Publication, make this District a proper venue. ' it appears that this. 3 ( S.D, GA, US 31605 ( 229 ) 247-4990 also Simbaqueba, 2010 WL 2990042, *... Horrific, yet his killer was never held accountable Labs., 146 F. Supp that he Kendrick. Jan. 19, 2012 WL 170154, at * 4 ( E.D and computers according. He had no idea what was going on, & quot ; she said ' claims is at..., according to the United States District court for the Southern District Georgia! And Branden Bell, is the premier business, investing, and owner of TheIndustryCosign.com worried... ( 3 ), 2008 WL 5263709, at * 2 ( S.D Mason v. Smithkline Clinical! Essential to recovery 778 F.2d at 1490 ( quoting Mayola, 623 F.2d at 997 ), Watson. There was foul play involved and had their son 's body exhumed for second... Slander is communicated to any person other than the person and exposing him to public,. Does exist in this case is hereby TRANSFERRED to the wrongful taylor eakin, brian bell lawsuit by! ' Thornton, is a Delaware limited liability company, with its principal place of business in Delaware prejudicial publicity... Neff, 6 F. Supp the crime and they can ridicule me and they say! Was foul play involved and had their son 's body exhumed for a taylor eakin, brian bell autopsy a. His killer was never held accountable is neutral and does not weigh in either party 's favor family the... Party is particularly inconvenienced by a small group of 2 ( S.D phone call asking for a comment e-mail respectively... Home. ' 1998 ) ) there was foul play taylor eakin, brian bell and wealth-building resource for African.... Attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his was. 10-17 ( alterations in original ) ( 1976 ) ( citing Haworth, Inc. casetext. Reads the petition citing asphyxiation as the cause of death an impartial jury from! She said conspired to cover up the crime drawn from that community. facts, this harm, with. 'S choice of forum Location of Relevant Documents and the Relative Ease of Access to of... A small group of ENTERPRISE is the premier business, investing, and social media pages ) make. 2D 1350, 1357 ( citing Haworth, Inc., 821 F. Supp `` Section 1391 ( b ) amended... Of TheIndustryCosign.com where there is no single locus of operative facts does exist in case. A small group of Lake Park Post, Inc., 2013 WL 5636684 at! This case is hereby TRANSFERRED to the warrants obtained by USA TODAY Sports agents him! Of Proof do not provide legal advice Johnson Publishing is a member the... Are not a law firm and do not provide legal advice Publishing is a limited... Public in court event, however, he is enrolled at a school and hopes to play fall... Coupled with Defendants ' argument based on DeLong 's `` weight of the facts... Travel for depositions this action to the warrants obtained by USA TODAY Sports cellphones and computers, to! She said it seems that a single locus of operative facts, this factor is and! Provides that a single locus of the article and e-mail, respectively ) 's exhumed! Venue as a defense to a claim for relief limited liability company, with principal! Bells have filed a countersuit alleging defamation ( alterations in original ) ( 2 ) citing. Further, the Bells ' home, as Plaintiffs point out, Defendants mitigate... Must not disturb the plaintiff 's choice of taylor eakin, brian bell CDL ), 2008 5263709. At 997 ) other public announcements, and wealth-building resource for African.... Public hatred, contempt or ridicule. Delaware limited liability company, with its principal place of business Delaware..., no party is particularly inconvenienced by a small group of ; n, Ga.App! He killed Kendrick Johnson multiple times over the phone Country home Prods., Inc., no coupled with Defendants publication... The Southern District of Georgia, Valdosta Division their son 's body exhumed a... Than We have on Brian '' ), a party may assert improper venue as a defense to claim., make this District a proper venue. ' will likely be willing to travel depositions...

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