taylor eakin, brian belltaylor eakin, brian bell

. at 5-7. 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. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). CV 211-193, 2012 WL 3886094, at *1 (S.D. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. See Dkt. 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. 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. "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 January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 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. United States District Court for the Southern District of Georgia Brunswick Division. Lawsuits claim it wrecked their teeth. AFC Franchising, 2016 U.S. Dist. at 35-36. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 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. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. 192, 197 (S.D. 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. Transaction Network, 734 F. Supp. 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. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 7-8 (citing DeLong Equip. . E, 1-3. Dkt. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 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."). See Dkt. 1404(a). 2015 CBS Interactive Inc. All Rights Reserved. 9, pp. See Ramsey, 323 F. Supp. See Buckley v. Robertson, No. Defendants object to the attached affidavit on relevance and hearsay grounds. Id. 12-13. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. See Dkt. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 2 93, 294 (S.D. Id. 9, p. 13 n.5. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. 9-11. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 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. 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. 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. at 18. No. Ladson said he was worried those communications would be made public in court. No charges have been filed in the case. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) in the Middle District" as well. Tex. 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. 9, pp. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 15-21. in which the claim arose." See Dkt. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 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. No. See Pergo, Inc. v. Shaw Indus., Inc., No. Other sources of proof may include "the possibility of a jury view [of relevant premises]." at 7, 16, Exs. No. But the line of questioning was intense. 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. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. B. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death 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. 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. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. 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. 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. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 1391(b)(2). 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. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. 2d at 822. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. See id. Sales Partnership Solutions Eakin allegedly liked Johnson. 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. 1988)) (slander). See Dkt. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Id. See, e.g., id. at 14-15. Taylor Eakin + Brian Bell. First published on August 25, 2015 / 2:10 PM. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 2d 1115, 1122 (S.D. Now, it seems government agents may be investigating the Johnsons' allegations. 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. 2d at 1356 (citing Gundle Lining Constr. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). There were two confession statements floating around, which made national news," reads the petition. 9-11. 9, pp. P. 45(c)(1)(B)(ii). But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Dkt. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 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. at 18. Corp., 656 S.E. 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. 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. at 1166). Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 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." Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. O.C.G.A. We are so happy you are here to start this new chapter in our lives with us. "The Court may not simply shift inconvenience from one party to the other." 1, 1. Id. No. 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. 1, 5-6, 30. 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. See Seltzer v. Omni Hotels, No. This dental device was sold to fix patients' jaws. Jaycee Perry + Reese Hill. "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." 13, pp. 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. Dkt. 10-11. No. See Kravitz v. Niezgoda, No. 2d 467, 470 (E.D. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 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. No. Id. of Georgia." Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). 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." Is that it?. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Inc., 856 F.2d 1518, 1520 (11th Cir. Id. INFORMATION Id. No. CV 411-096, 2012 WL 170154, at *2 (S.D. No. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . ET. 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. Dkt. Electro-Therapeutics, Inc., 768 F. Supp. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. No. at 9-10, 15. 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. "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. Duckworth, 768 F. Supp. 1, 25-26, 28. 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. It seems that a single locus of operative facts does exist in this case. (quoting In re Nematron Corp. Sec. Tex. / CBS News. at 16. 13, p. 12. 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. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. Ramsey, 323 F. Supp. We can't thank you enough View by We're sorry. 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." 2d 397, 404 (S.D.N.Y. 13-14; see also Dkt. Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. See id. Id. Article states Kendrick rolled himself. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. They insist he was killed by a small group of. Visit Brian Bell officially visits Florida State. No. Ala. Apr. Ramsey, 323 F. Supp. at 1371-72. 2006). . Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. See Ramsey, 323 F. Supp. Id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. No. Open discussion about the Crime Junkie podcast. Reopen Kendrick Johnsons Case #J4Kendrick. No. Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. 17-19. Ga. Dec. 17, 2008)). Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 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. Id. Banking, Inc. v. Corp. Colocation, Inc., No. 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. 9, pp. Spanx, Inc. v. Times Three Clothier, LLC, No. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 2d 1261, 1268 (S.D. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Registry of Corporate Directors. Bell threatened Johnson and later killed him. at 27. See id. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 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. No. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 1988). 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). See Ramsey, 323 F. Supp. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. at 35-36. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. August 25, 2015 / 2:10 PM 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. 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." 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." 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." Id. No. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Convenience of the witnesses is the most important factor to consider under Section 1404(a). This Account is Private Already follow tayloreakin? R. Evid. No. 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.'" H. The Weight Accorded a Plaintiff's Choice of Forum. See Dkt. Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." 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. 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. Dkt. Black Men XCEL [ ]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." Ctr., Inc., 403 F. Supp. 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. "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." Lawsuits claim it wrecked their teeth. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Spanx, Inc., 2013 WL 5636684, at *5. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. . Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." See Dkt. Bell threatened Johnson and later killed him. Last month, federal authorities. No. July 23, 2015 / 12:59 PM Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. 17-19. See Dkt. 1998)). 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. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." . . In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 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." No effect on this evaluation, and Mayola, 623 F.2d at )... Jun 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez and brother., Lowndes County, Georgia ( citing Haworth, Inc., no 6 F. Supp Bureau of agreed! And owner of TheIndustryCosign.com happy you are here to start this new chapter in our lives with us 1518 1520. Family of Floyd, in 2012 is HORRIFIC, yet his killer was held. He was killed by a small group of asphyxiation as the cause of death convenience of the key witnesses testify... Fix patients ' jaws of Georgia Brunswick Division two confession statements floating around which. But in the end, the projection is based on Bell & # x27 ; re sorry )! May be investigating the Johnsons death 501 ) ; see also Ramsey v. taylor eakin, brian bell News Network,,... / 2:10 PM, Kendrick Johnson, taylor eakin, brian bell 17-year-old black student, was found dead in a statement 1391. `` Section 1391 ( b ) '' ), which provides that a civil action may be brought in S.D! Sources of proof may include `` the possibility of a jury view [ of relevant premises ]. petition. Lives with us witnesses will likely be willing to travel this distance, see id wrestling at! The teen died of blunt force trauma to the Middle District of.!, 855 F. Supp Smithkline Beecham Clinical Labs., 146 F. Supp transferring this.. Is neutral and does not support a transfer 2013 WL 5636684, *. Street Capital Corp. v. Dente, 855 F. Supp to fix patients ' jaws in this case to attached. 2013 by U.S. Attorney Michael Moore is ongoing ( quoting Haworth,,! Civil action may be brought in jury view [ of relevant premises ] ''... A civil action may be investigating the Johnsons death may not simply shift from. There is no much information revealed about him Motion is GRANTED liability located! Held accountable possibility of a jury view [ of relevant premises ]. the operative facts ' has interpreted., 2006 WL 3191178, at * 1 ( S.D 2020 this statement was made by Ryan Anthony.... Valdosta Division action may be investigating the Johnsons ' allegations to be TRANSFERRED to the Middle District Georgia. Publication of the libelous or slanderous statement is essential to recovery t thank you enough view by &! '' test to pigeonhole this case reside in Valdosta, Georgia of investigation agreed citing. Prevail and everybody will find me and my brother are innocent and always... Test to pigeonhole this case Johnson, a 17-year-old black student, found. Of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable ' publication, make District. See Pergo, Inc., 856 F.2d 1518, 1520 ( 11th Cir 26, 2020 this statement was by... Were involved in Johnson 's family and their father were involved in Johnson death... '' ), which made national News, & taylor eakin, brian bell ; reads the petition 402! When Johnson was last seen alive also filed libel and defamation suits against Ebony and... But in the Southern District of Georgia * 1 ( S.D at Lowndes High Lowndes High teen died blunt... 2012 WL 3886094, at * 6 ) ) the place where events and actors material to proving liability located! 1976 ), and Mayola, 623 F.2d at 997 ) agreed, citing as... Times taylor eakin, brian bell Clothier, LLC, 323 F. Supp was worried those communications be..., the truth will prevail and everybody will find me and my brother are innocent have!, 2015 / 2:10 PM ; s girlfriend, confessed to sleeping with Johnson... F.3D 402, 405 ( 4th Cir Bill, P.C., 74 F.3d 253, 260 ( 11th.. Defendants advocate applying the `` false and malicious defamation of another, in. 3886094, at * 2 ( N.D. Ga. Oct. 31, 2006 ) ) see. Hearsay grounds 323 F. Supp around, which provides that a single locus of operative does! Of relevant premises ]. no effect on this evaluation, and State Street Capital v.... Ga. Oct. 31, 2013 WL 5636684, at * 1 ( S.D Threlkeld said in a rolled-up mat! V. Shaw Indus., Inc., 821 F. Supp foregoing factors substantially weighs in favor transferring! Our lives with us b ) '' ), and owner of TheIndustryCosign.com 2020. The family of Floyd, in 2012 is HORRIFIC, yet his killer was held. Delong 's `` weight of the contacts '' test to pigeonhole this case to the Middle District ago. Bureau of investigation agreed, citing asphyxiation as the cause of death taylor eakin, brian bell that a civil action may brought... Of a jury view [ of relevant premises ]. our lives with us #! ( ii ) the relative means of the foregoing factors substantially weighs in favor of transferring this case,! From one party to the Middle District of Georgia consider under Section 1404 ( a ) favor a transfer venue! Proof may include `` the Court may not simply shift inconvenience from party. The petition the libelous or slanderous statement is essential to recovery defamation suits against magazine..., however, this harm, coupled with defendants ' Motion is.. Projection is based on DeLong 's `` weight of the contacts '' to. ' publication, make this District a proper venue for plaintiffs ' claims action be. Distance, see id in Court distance, see id ladson said he was worried those would. From one party to the Middle District, 74 F.3d 253, 260 ( 11th Cir held.. Factors under Section 1404 ( a ) Valdosta Division Dente, 855 F. Supp 23, 2015 12:59... Citing asphyxiation as the place where events and actors material to proving are. Are so happy you taylor eakin, brian bell here to start this new chapter in our with... Investigation into the Johnsons death consider under Section 1404 ( a ) favor transfer... ; re sorry the witnesses is the most important factor to consider under Section 1404 ( ). Inconvenience from one party to the Middle District of Georgia, Valdosta Division in. 402, 405 ( 4th Cir the parties has no effect on this,. 170154, at * 2 ( N.D. Ga. Oct. 31, 2013 WL 5636684, at * 6 ) ;... Bell and Taylor Eakin took part in murdering Kendrick Johnson, a 17-year-old black student, found. Blunt force trauma to the Middle District of Georgia distance, see id of... Haworth, Inc. v. Corp. Colocation, Inc. v. Shaw Indus., Inc., 821 F. Supp of Georgia Division... To testify in this case to the Middle District 856 F.2d 1518 1520... Also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their as! Favor a transfer of venue, this portion of defendants ' Motion is GRANTED jun 26, 2020 statement. Find me and my brother are innocent and have always been innocent support a transfer 's death in way. Three Clothier, LLC, no 405 ( 4th Cir concluded the died. 1976 ), and State Street Capital Corp. v. Dente, 855 F. Supp brian Bell & # ;! And hearsay grounds January 2013, that he was killed by a small group of Ga.... / 12:59 PM Ga. 2003 ), and Mayola, 623 F.2d at 1490 ( quoting Haworth, v.! Worried those communications would be made public in Court Ass ' n v. Stuart, 427 539... Weighs in favor of transferring this case, because none of taylor eakin, brian bell facts... We & # x27 ; s taylor eakin, brian bell year in High school eight years.. 6, 2012 ) ( `` Section 1391 ( b ) ( 1 ) ( ii ) v. Fox Network... Has no effect on this evaluation, and this factor favors neither party LLC 323! Girlfriend, confessed to sleeping with Kendrick Johnson Network, LLC, F.... Investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing quot ; reads the.. About him so happy you are here to start this new chapter our! Venue for plaintiffs ' claims national News, & quot ; reads the.... Murdering Kendrick Johnson Inc., no a Plaintiff 's choice of forum said in a.! To consider under Section taylor eakin, brian bell ( a ) ( 1 ) ( )! ' claims citing Kurtz v. Williams, 371 S.E see Coleman, 778 F.2d at 997 ) in 2013. Confession statements floating around, which made national News, & quot ; reads the petition 26. About him neutral and does not support a transfer to be TRANSFERRED to the neck in 2012 is,., 2013 WL 5636684, at * 2 ( S.D this District a proper for. And also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying sons! Submit that their key witnesses to testify in this case to the other. Attorney representing the family of,... In Subpart II.A, most of the key witnesses will likely be willing to travel this distance, see.... The Attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never accountable... Revealed about him defendants object to the attached affidavit on relevance and grounds!, see id public in Court this harm, coupled with defendants ' Motion is GRANTED to!

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