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. Id. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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." Transaction Network, 734 F. Supp. 2d 1261, 1268 (S.D. at 35-36. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 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. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." No. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. at 19, 25-26, 28. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. at pp. Nos. Now, it seems government agents may be investigating the Johnsons' allegations. Id. Duckworth v. Med. Id. Jenkins Brick Co., 321 F.3d at 1371. 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. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Banking, Inc. v. Corp. Colocation, Inc., No. No. CV 411-096, 2012 WL 170154, at *2 (S.D. See Dkt. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. at 35-36. 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. Open discussion about the Crime Junkie podcast. As a result, only Section 1391(b)(2) remains at issue. The suit also alleges local officials tried to cover up the crime. 2015 CBS Interactive Inc. All Rights Reserved. at 2. 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. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. Co., 840 F.2d at 855. 2003). 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. 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. 09 Civ. No. Defendants object to the attached affidavit on relevance and hearsay grounds. No. Ala. Apr. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 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." 10-11. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 2d 397, 404 (S.D.N.Y. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. 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. 1, 1. 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. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 'Injury in conjunction with another event, however, may make a district a proper venue.'" Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Privacy Policy See Dkt. ,Wanya,Morris. Id. No. 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. at 1356-57 (citing McNair, 279 F. Supp. 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. at pp. 2d at 822. 13, Ex. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. at 1166). 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. 10-11. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Help make Taylor Eakin & Brian Bell's special day even more memorable. at 1480). 9-11. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. 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. 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. 4-10. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. 13, pp. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." No. Women of Power TECH, PODCASTS Servs., Inc., No. 14, p. 9. 1981)). 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. Id. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. CIV.A. No. 2003)). No. See Dkt. 9, p. 15. 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. However, he is enrolled at a school and hopes to play this fall. Jaycee Perry + Reese Hill. 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"). In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 2d at 1357). The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. No. 1391(b)(2) (emphasis added). 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. 9, pp. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 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. 1998)). Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Electro-Therapeutics, Inc., 768 F. Supp. 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. Dkt. The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). Capital Corp. Merch. 7-8 (citing DeLong Equip. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. About See id. at 831 (citing Elec. While the Court draws factual inferences in Plaintiffs' favor at this stage, it does so only for the purpose of expeditiously determining whether venue is appropriate in this District. G. A Forum's Familiarity with the Governing Law. Fla. 2001)). 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. Ga. May 28, 2010). at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. See id. 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. See Dkt. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. See, e.g., id. 9, pp. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. . 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. (quoting DaimlerChrysler Corp. v. Askinazi, No. 1980)). Eakin allegedly liked Johnson. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 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. See O.C.G.A. --------. at 1371. R. Evid. 14, pp. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Pa. 1999)). . Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. . P. 12(b)(3). 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." No. A-B (copies of the article and e-mail, respectively). Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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. 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. Where things stand in the Alex Murdaugh double murder trial. In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. . D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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