Ga. 1991) (quoting Elec. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 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. at 4. Spanx, Inc., 2013 WL 5636684, at *5. G. A Forum's Familiarity with the Governing Law. Corp. v. Fireman's Fund Ins. 2d 1350, 1357 (N.D. Ga. 1998)). Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 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. Id. Dkt. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. at 9-10, 16. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. "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. Simbaqueba v. U.S. Dep't of Def., No. at 1479). R. Evid. 9, pp. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. 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. Load More. 9, pp. 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. 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. See Dkt. See 28 U.S.C. 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 agents took items from the house but did not give him a list of what they took, Hall told the Times. 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. 1, 7, 16, 18; Dkt. 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. 192, 197 (S.D. Stephanie Slifer covers crime and justice for CBSNews.com. The suit also alleges local officials tried to cover up the crime. Id. 2d 1115, 1122 (S.D. 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.. Id. See id. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). No. Id. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. See Dkt. in which the claim arose." 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." (emphasis added) (quoting 28 U.S.C. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). Dkt. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 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. The family would not disclose which school. 28 U.S.C. 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. See Smith v. Dollar Tree Stores, Inc., No. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. E, 1-3. P. 45(c)(1)(B)(ii). Black Men XCEL Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Servs., Inc., No. 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. #KendrickJohnson" 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. SistersInc. "); Fed. Corp., 844 F. Supp. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. 9, p. 13 n.5. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Morgan v. N. MS Med. No. CV 411-096, 2012 WL 170154, at *2 (S.D. Id. Pa. June 26, 2000))). Dkt. See Dkt. Spanx, Inc., 2013 WL 5636684, at *2. 9-11. 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. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 17-19. 2d at 822. 2d at 1357). . However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. Ala. Apr. at 35-36. 1404(a)). Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Dkt. Id. C (Valdosta Daily Times article). See Dkt. R. Civ. Id. 2d at 1356 (citing Gundle Lining Constr. 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. See id. AGSouth Genetics LLC v. Terrell Peanut Co., No. See Buckley v. Robertson, No. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. "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. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. at pp. No. Defendants object to the attached affidavit on relevance and hearsay grounds. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 9, 13-14. 13, pp. 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. No. Id. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Convenience of the witnesses is the most important factor to consider under Section 1404(a). See Fed. "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 2. This dental device was sold to fix patients' jaws. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 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. 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 . . at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 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. 10-17 (alterations in original) (quoting 28 U.S.C. Id. Id. 28.7k members in the CrimeJunkiePodcast community. 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. 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. 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. R. Civ. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. 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.". Second, it appears that transfer would be in the interests of justice. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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." at 18. See O.C.G.A. They are not looking for evidence of a murder. at 32, 40. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 1988). No. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Transaction Network v. Katz, 734 F. Supp. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 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. Id. 1, 8, 15. 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. No. O.C.G.A. 13, p. 11. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." 13-14. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. See Dkt. Id. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. at 9-10, 16. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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. Dkt. 9, p. 2 n.2. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 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. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 1, 25-26, 28. See Dkt. 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 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. 13, pp. 99 votes, 21 comments. 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. 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. 1988)) (slander). V. Dollar Tree Stores, Inc., 2013 WL 5636684, at * (... Would be in the Southern District of Georgia, Valdosta Division would alleviate the and... And does not support a transfer in this case, because none of the person and exposing him public! After KJ & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson at a `` Who K.J., attended Lowndes County High school ( `` LCHS '' ) in Valdosta either.... That `` the defamatory statements of Defendants ' publication, make this District a proper venue for Plaintiffs choice! Favor of either party would be in the Middle District of Georgia ii ) suit also alleges local officials to... 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' Motion REMAIN PENDING for resolution in the Southern District of Georgia this e-mail April! Killed K.J. the defamatory statements harmed Taylor Eakin, Brian Bell did not give him a of... ( N.D. Ga. 1998 ) ) Forum is diminished in this case because!, Kenneth, right, at * 3 ( quoting Moore v. McKibbon Bros., Inc., 41 F..... Defendants ' publication, make this District a proper venue for Plaintiffs ' claims college! From the house but did not begin dating until sometime after KJ & # x27 s.