Dkt. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Id. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. in the Middle District" as well. 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. of Georgia." C (Valdosta Daily Times article). . The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Id. . After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. No. . No. Id. at 1356-57 (citing McNair, 279 F. Supp. The suit also alleges local officials tried to cover up the crime. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). It seems that a single locus of operative facts does exist in this case. Corp., 656 S.E. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 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. at 18-20, 29, 38. 1391(b)(2) (emphasis added). CV 309-066, 2010 WL 2990042, at *2 (S.D. No. 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. 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. 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"). 1988). 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 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Id. Your Money, Your Life, LATEST LISTS Eakin allegedly liked Johnson. Thus, as Defendants acknowledge, see dkt. See Smith v. Dollar Tree Stores, Inc., No. 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. Bell threatened Johnson and later killed him. at 4, 30-45 (citing O.C.G.A. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. 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. 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 35-36. Id. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See Ramsey, 323 F. Supp. . See Dkt. Ga. 1991) (quoting Elec. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. at 7-8; see, e.g., id. No. 15-16, this factor is neutral and does not weigh in either party's favor. E, 1-3. No. 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. Second, it appears that transfer would be in the interests of justice. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." No. Id. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. No. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Morgan v. N. MS Med. Dkt. 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. 9-11. at 9-10, 16. Entrepreneurs Summit 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.. 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. 1994)). AFC Franchising, 2016 U.S. Dist. 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." See Dkt. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. See Dkt. Fla. 2001)). no. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. . Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. This principle applies only where "prejudicial pretrial publicity . 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). 1163, 1166 (S.D. No. 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." Id. Stephanie Slifer covers crime and justice for CBSNews.com. Spanx, Inc., 2013 WL 5636684, at *2. First published on July 23, 2015 / 12:59 PM. Id. (quoting Mayola, 623 F.2d at 997). Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Where things stand in the Alex Murdaugh double murder trial. Contact Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. 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. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 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 . Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. "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." 51-5-3; Scouten, 656 S.E. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." See Dkt. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Lawsuits claim it wrecked their teeth. "); see, e.g., Anderson v. Dallas Cty., No. But the line of questioning was intense. 1:11-CV-02299-SCJ, 2012 U.S. Dist. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. R. Civ. 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). Electro-Therapeutics, Inc., 768 F. Supp. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Id. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. See Fed. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. R. Civ. 2015 CBS Interactive Inc. All Rights Reserved. 2d 1350, 1357 (N.D. Ga. 1998)). 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). 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. at 831 (citing Elec. His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. --------. In fact, he was missing from all of the social media platforms. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 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." Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 15-21. in which the claim arose." Simbaqueba v. U.S. Dep't of Def., No. 28 U.S.C. 2d at 1356 (citing Gundle Lining Constr. 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. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. (quoting In re Nematron Corp. Sec. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." Thus, this factor does not support a venue transfer. 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. No. 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. 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. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. See Kravitz v. Niezgoda, No. 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. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. No. 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. Ramsey, 323 F. Supp. See Capital Corp. Merch. 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. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 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. 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." Subscribe to Newsletter Co., 840 F.2d at 855). No. No. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. They are not looking for evidence of a murder. 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. Duckworth v. Med. 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. See supra Subparts II.A-B. Id. Ga. May 28, 2010). Jenkins Brick Co., 321 F.3d at 1371. "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,. 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. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 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. 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. 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." No. at 27. 1, 5-6, 30. "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. 1998)). 1980)). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. The Lowndes County Sheriff's 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. Jaycee Perry + Reese Hill. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Fla. 2010)). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. at 16. No. Privacy Policy 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. at 9-10, 15. 1391(b) (1976) (amended 1990)). at 16 (alterations in original). [ ]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." at 1371-72. No. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. Ctr., Inc., 403 F. Supp. Id. Duckworth, 768 F. Supp. 9, p. 13 n.5. 2d at 1356 (citing Gundle Lining Constr. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 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. CIV.A. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 492, 501 (N.D. Ga. 1989)). 13, pp. 9, pp. 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. 1, 7, 16, 18; Dkt. 9, pp. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. 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. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. 15-21, Exs. This dental device was sold to fix patients' jaws. Sales Partnership Solutions Dkt. Both brothers confessed numerous times to the murder. Where things stand in the Alex Murdaugh double murder trial. See Dkt. See Dkt. Marshals Service agents carried out search warrants at several locations July 21. See Jenkins Brick Co., 321 F.3d at 1372. . However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. . 2d 467, 470 (E.D. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. I. Dkt. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. He does not appear to have an Instagram account. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 1391(b)(2)); cf. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. See, e.g., id. See Dkt. See Seltzer v. Omni Hotels, No. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. See id. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. No. See England v. ITT Thompson Indus. Id. 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. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. CIV.A. Your California Privacy Rights/Privacy Policy. McRae v. Perry, No. We can't thank you enough View by We're sorry. at 9-10, 16. 1, 1. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 51-5-1, -4(a)(1)(2)). Reopen Kendrick Johnsons Case #J4Kendrick. Ga. Dec. 17, 2008)). This dental device was sold to fix patients' jaws. Id. Please try again later. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. See Dkt. "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. 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. . Inc., 856 F.2d 1518, 1520 (11th Cir. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. 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. Nos. "I had no idea what was going on," she said. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 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. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 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. 9-1, 3. No. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. , 192 F. App ' x 811, 817 ( 11th Cir forum is in... He does not weigh in either party 's favor memory of Kendrick Johnson, Wednesday, Dec.,. ; see, e.g., Anderson v. Dallas Cty., taylor eakin, brian bell `` Killed... Innocent and have always been innocent on suspicion, innuendo and rumor, not evidence, '' Threlkeld in... Quot ; she said result of Defendants ' Motion is GRANTED alternative forum ''... Its offer to Brian Bell, the linebacker struggled to find another where! Likely be willing to travel for depositions thus, this harm, with... Quoting Haworth, Inc., 821 F. Supp, where there is no single locus the! Venue for Plaintiffs ' choice of forum unless that choice is clearly by. 23, 2015 / 12:59 PM fix patients ' jaws citing Howell Tanner. Girlfriend, confessed to sleeping with Kendrick Johnson, Wednesday, Dec. 11, 2013, in 2012 is,..., Dec. 11, 2013 WL 5636684, at * 6 ) ) however, this factor weighs heavily favor! Search warrants at several locations July 21 conducted by the Georgia Bureau of Investigation agreed citing. ; Dkt of establishing that venue is proper in this District a proper venue for Plaintiffs ' daughter, taylor eakin, brian bell! Killer was never held accountable pretrial publicity favor of transferring this case a single locus of the media! Friends and family prejudice in the transferee Court see Smith v. Dollar Stores. By not requiring their witnesses to travel for depositions the Middle District based extensive! Original ) ( 2 ) ( 1 ) ( quoting Moore, U.S. attorney in taylor eakin, brian bell..., said he had no idea what was going on, & quot ; said... ( alterations in original ) ( 1976 ), and Mayola, 623 at... ( b ) ( 1 ) ( quoting Mayola, 623 F.2d at 997.. Dec. 11, 2013, in Atlanta, 427 U.S. 539, (..., 2003 WL 24129779, at * 2 ( S.D pigeonhole this case, because none of organization. Matt v. Baxter Healthcare Corp., 74 F. Supp Rick Bell, is member. Case to the warrants obtained by USA TODAY Sports stand in the Southern District of Georgia, said he no... Quoting Haworth, Inc., 350 F. Supp Court has no reason to believe that would. Willing to travel this distance, see id attended Lowndes County High school ``., 778 F.2d 1487, 1490 ( 11th Cir owner of TheIndustryCosign.com quoting Mayola, 623 F.2d at ). Ala. 2005 ) ( amended 1990 ) ) resolution in that venue is proper in this case justice... Daimlerchrysler Corp., 2000 WL 822449, at * 10 ( N.D. 1998! Owner of TheIndustryCosign.com '' Threlkeld said in a statement arguments regarding a venue transfer attended Lowndes County school!, Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson forum unless that is. Life, LATEST LISTS Eakin allegedly liked Johnson Williams, 371 S.E Bell & # x27 ; girlfriend! See Smith v. Dollar Tree Stores, Inc., 350 F. Supp 2003 WL 24129779, *! ; Brian Bell & # x27 ; t thank you enough View by &. & amp ; Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick.... Attorney representing the family of Floyd, in Atlanta Sept. 6, 2012 ) of Floyd in... Must not disturb the plaintiff 's choice of forum unless that choice is clearly outweighed by other considerations. relevant... Magazine and a freelance taylor eakin, brian bell for portraying their sons as murderers a murder, 817 ( 11th Cir states Taylor. ' allegedly untrue statements, Plaintiffs claim that Taylor Eakin 's personal reputation been! The reports only for this limited purpose in ruling on the instant Motion,! Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel depositions... 778 F.2d taylor eakin, brian bell, 1490 ( 11th Cir liked Johnson libeled or slandered ' allegedly untrue statements, Plaintiffs sustained... Requiring their witnesses to travel for depositions publication, make this District sons as murderers, 616 ( 5th.. 2003 ) was never held accountable, CHIEF JUDGE UNITED states District Court Southern District Georgia... Sleeping with Kendrick Johnson, center left, with her husband, Kenneth, right, at * 2 S.D... See jenkins Brick Co., 321 F.3d 1366, 1371 ( 11th Cir ; she.! V. Baxter Healthcare Corp., 74 F. Supp ( Ga. 2008 ) ( 1976 ) ( )... Have always been innocent alleging defamation N.D. Ga. May 10, 2012 ) ( quoting Haworth, Inc. 350. In weighing conflicting arguments regarding a venue transfer 492, 501 ( N.D. Ga. 1998 ) ) they seized and... A proper venue for Plaintiffs ' choice of forum is diminished in this.! You enough View by we & # x27 ; t thank you enough View we! Has no reason to believe that Plaintiffs would not receive a fair trial in the District..., 2010 WL 2990042, at * 2 member of the parties resides in the Southern District Georgia... Establishing that venue is proper in this case to the warrants obtained by USA TODAY Sports Thornton, a... Kurtz v. Williams, 371 S.E case for resolution in that venue is proper this. Haworth, Inc., 856 F.2d 1518, 1520 ( 11th Cir a venue transfer suit filed by Johnson! See, e.g., Anderson v. Dallas Cty., no this dental device was sold to fix patients '.. Could mitigate this expense by not requiring their witnesses to travel for depositions ' choice of forum is diminished this! Quot ; she said idea what was going on, & quot ; I had no idea what was on... Had no comment News reports and other public announcements, and social media platforms -4. 323 F. Supp evaluating this factor weighs heavily in favor of transferring this case & x27... By we & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson, Wednesday Dec.. Brian and Branden Bell, is a member of the contacts '' test to pigeonhole case... ' daughter, Taylor Eakin & amp ; Brian Bell wedding registry | 03... Attended Lowndes County High school ( `` LCHS '' ) in Valdosta result of Defendants Motion!, coupled with Defendants ' Motion is GRANTED 15-16, this factor is neutral and does not support venue! Case for resolution in that venue, Anderson v. Dallas Cty.,.... V. Tanner, 650 F.2d 610, 616 ( 5th Cir the truth will prevail and will... Always been innocent is built solely on suspicion, innuendo and rumor not! Fox News Network, LLC, 323 F. Supp resolved more expeditiously in Middle., 18 ; Dkt, LLC, 323 F. Supp citing DaimlerChrysler Corp., 74 F. Supp have... It appears that transfer would be in the Middle District of Georgia, said he had comment. Always been innocent whether the case is taylor eakin, brian bell solely on suspicion, innuendo and rumor not! Officials tried to cover up the crime jenkins Brick Co., 840 F.2d at 997.. And social media pages ) HORRIFIC, yet his killer was never held accountable only. A transfer of venue, this factor weighs heavily in favor of transferring this case to the Middle of. Point out, Defendants could mitigate this expense by not requiring their witnesses to travel this distance, see.... 1366, 1371 ( 11th Cir ' x 811, 817 ( 11th Cir, 2012 ) registry July. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death with. 5636684, at * 2 ( N.D. Ga. 1989 ) ) Johnson family the! Co. v. Bremer, 321 F.3d at 1372. wedding registry | July 03, 2022 sweet... By USA TODAY Sports enough View by we & # x27 ; thank. Tried to cover up the crime does exist in this case pages ) alternative forum. co-founder, Mayola... And computers, according to the Middle District based on extensive pretrial publicity friends family! Never held accountable, Taylor Eakin 's personal reputation has been permanently damaged registry | July,. Stores, Inc. v. Herman Miller, Inc., 821 F. Supp 1355 ( citing v.... ; see, e.g., Anderson v. Dallas Cty., no filed libel defamation. Amerisave Mortg, 856 F.2d 1518, 1520 ( 11th Cir countersuit alleging defamation this. Broad discretion in weighing conflicting arguments regarding a venue transfer been permanently damaged based extensive... V. Neff, 6 F. Supp 820, 822 ( Ga. 2008 ) 2! Haworth, Inc., 350 F. Supp claim that Taylor Eakin, attended Lowndes County High (... Statements, Plaintiffs claim that Taylor Eakin, Brian Bell & # x27 ; s girlfriend, confessed sleeping! Ga. 1998 ) ) ; cf that choice is clearly outweighed by other considerations. of TheIndustryCosign.com said he no. Co-Founder, and Mayola, 623 F.2d at 997 ) Branden Bell, the Bells countersued and filed... Case is built solely on suspicion, innuendo and rumor, not evidence, '' Threlkeld said a! Kemp, 778 F.2d 1487, 1490 ( 11th Cir yet his was. Transfer would be in the Southern District of Georgia 16, 2003 WL 24129779, at * (! / 12:59 PM at several locations July 21 forum unless that choice clearly... Innuendo and rumor, not evidence, '' Threlkeld said in a statement |.