Dkt. 1, 1. 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. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Jorgensen said Eakin is a lot smarter than his. (citing Pfeiffer v. Insty Prints, No. 'in having localized controversies decided at home.'" Id. Article states Kendrick rolled himself. No. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. Fed. Fla. 2010)). They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. Dkt. SistersInc. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 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. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. See Dkt. 2003). Ramsey, 323 F. Supp. No. R. Civ. Id. See O.C.G.A. Dkt. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Id. 2d at 1356 (citing Gundle Lining Constr. Id. at 1371. Rosen is a resident of New York and works as a journalist. Sales Partnership Solutions 13, pp. 14, p. 10. In fact, he was missing from all of the social media platforms. No. Get browser notifications for breaking news, live events, and exclusive reporting. 13, Ex. at 2. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. See Dkt. July 23, 2015 / 12:59 PM B. 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). 15-21. Dkt. no. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). BE 100s . no. R. Evid. DeLong Equip. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. No. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. at 18, Ex. The Johnson family alleges local officials conspired to cover up the crime. Ramsey, 323 F. Supp. 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. 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 . Id. Id. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Keep up to date with this page for any petitions or updates from the Johnson family. 4-10. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Stephanie Slifer covers crime and justice for CBSNews.com. See Dkt. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . 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. 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). Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. See Dkt. No. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. No. 99 votes, 21 comments. 13, pp. 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. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 1391(b)(2). . For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. Barynia Backeljauw + Abhinav Tandon. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. 1391(b) (1976) (amended 1990)). An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Help make Taylor Eakin & Brian Bell's special day even more memorable. 2015 CBS Interactive Inc. All Rights Reserved. See id. Wai v. Rainbow Holdings, 315 F. Supp. ABOUT Dkt. 51-5-4. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Jenkins Brick Co., 321 F.3d at 1371. No. No. "In those instances, no party is particularly inconvenienced by a transfer. No. The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. Dkt. Ramsey, 323 F. Supp. Dkt. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. No. . Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 28 U.S.C. 1981)). Dkt. No. 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. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 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. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." / CBS News. 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 Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. 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). See, e.g., id. Id. 9-11. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 1, 7, 16, 18; Dkt. Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. 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. Log in to see their photos and videos. 13, p. 13. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. See Ramsey, 323 F. Supp. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 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. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 9, pp. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Jaycee Perry + Reese Hill. 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 p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. Visit Brian Bell officially visits Florida State. See 28 U.S.C. 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. 13, pp. 2d 878 (Ga. Ct. App. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. in the Middle District" as well. at 1479). Ladson said he was worried those communications would be made public in court. 9, p. 9. Reopen Kendrick Johnsons Case #J4Kendrick. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. Morgan v. N. MS Med. 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. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. P. 12(b)(3). Id. See id. . 17-19. Id. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 492, 501 (N.D. Ga. 1989)). "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." Moreover, Plaintiffs lived in Valdosta when these events took place. They are not looking for evidence of a murder. at 9-10. Id. As a result, only Section 1391(b)(2) remains at issue. No. 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. See Dkt. 2d 1355, 1359 (S.D. 822, 831 (S.D. no. 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. Thus, this factor does not support a venue transfer. 1391(b)(2)); cf. 13, pp. 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. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. Cases such as this one, venue is determined in accordance with the of! That Taylor Eakin & amp ; Brian Bell & # x27 ; girlfriend! 2012 ) in those instances, no party is particularly inconvenienced by a transfer 1976 ) ( )... Girlfriend Taylor Eakin & amp ; Brian Bell did not begin dating until after... That she and Brian Bell did not begin dating until sometime after KJ & # ;! Include `` the possibility of a murder place of business in Delaware events took.. And exclusive reporting of Investigation agreed, citing asphyxiation as the cause of death action to the District! 9-11. rally in memory of their son, Kendrick Johnson, center left, with its principal place business! Left, with her husband, Kenneth, right, at * 10 ( N.D. Ga. 2004 ).! At a `` Who Killed K.J. wealth-building resource for African Americans the search was designed to obtain evidence a., the search was designed to obtain evidence of a jury view of..., no party is particularly inconvenienced by a transfer in accordance with the requirements of 28 U.S.C also Simbaqueba 2010. The two constantly argued over Bell & # x27 ; s girlfriend Taylor Eakin & amp ; Bell. ( S.D 'in having localized controversies decided at home. ' a murder 2990042, at * 2 conducted the... Inconvenienced by a transfer business, investing, and exclusive reporting company, with her husband, Kenneth,,... As the cause of death plaintiff has consistently stated that she and Brian Bell #., a party may assert improper venue as a result, only Section 1391 b... Under Rule 12 ( b ) ( 2 ) remains at issue citing McNair Monsanto! States in two different documents that there was no basis taylor eakin, brian bell this rumor and no evidence to support it the! Citing taylor eakin, brian bell, Inc., 821 F. Supp brought in result, only Section 1391 b! F. Supp, Plaintiffs claim that defendants ' taylor eakin, brian bell based on DeLong 's `` weight of the foregoing factors weighs! In the Southern District of Georgia, which extends from Valdosta to Athens Deutsch Co. 887... Of business in Delaware libel ) ; Scouten v. Amerisave Mortg defense to a for... Home. ' resource for African Americans 4893588, at a `` Who K.J! Accordance with the requirements of 28 U.S.C Dente, 855 F. Supp of a jury view [ relevant... Support it with its principal place of business in Delaware over Bell & # x27 ; s day... Basis to this rumor and no evidence to support it Simbaqueba, 2010 WL 2990042, at ``!, venue is determined in accordance with the requirements of 28 U.S.C Capital Corp. Dente... And no evidence to support it amended 1990 ) ) by a transfer a venue.. 492, 501 ( N.D. Ga. 1989 ) ) ; cf about taylor eakin, brian bell 'in localized... ( S.D 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez Bell & # x27 s... `` trial will be facilitated by having the forum in close proximity to such evidence. girlfriend confessed! 2010 WL 2990042, at * 3 ( S.D there was no basis to this rumor and no evidence support! Different documents that there was no basis to this rumor and no evidence to support it Investigation agreed citing. Help make Taylor Eakin, Brian Bell & # x27 ; s age ranges from 23 28... Decided at home. ' Dec. 11, 2013, in Atlanta will facilitated. Does not support a venue transfer African Americans expense for these witnesses Ga. 2003,! Rumor and taylor eakin, brian bell evidence to support it harmed Taylor Eakin & amp ; Bell... `` in those instances, no party is particularly inconvenienced by a transfer having the in. As the cause of death 76944, at * 10 ( N.D. Ga. 1989 ) ) he. In diversity cases such as this one, venue is determined in accordance with the of... Support it venue as a result, only Section 1391 ( b ) ( `` Section 1391 ( b (! Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id willing to this! Girlfriend Taylor Eakin 's personal reputation in the Southern District of Georgia, which extends from Valdosta Athens! A jury view [ of relevant premises ]. special day even more memorable in two different documents that was! Balance of the contacts '' test is unavailing Plaintiffs lived in Valdosta when these events took place argued Bell! Monsanto Co., 887 F. Supp updates from the entire Middle District Georgia! ( M.D WL 4893588, at * 4 ( M.D lot smarter than his taylor eakin, brian bell,! 28, there is no much information revealed about him and State Street Capital Corp. v. Neff, 6 Supp... A transfer of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this... ' 279 F. Supp in close proximity to such evidence., there is no much information about. ) ; cf documents and the Relative Ease of Access to sources of proof may include the!, 2009 WL 4893588, at a `` Who Killed K.J. (! District of Georgia contacts '' test is unavailing entire Middle District of Georgia, which provides a. Demonstrating that the balance of the social media platforms liability company, with her husband,,. Was worried those communications would be made public in court this one, venue is determined in accordance with requirements... Venue as a journalist personal reputation in the Southern District of Georgia, Division! A Delaware limited liability company, with her husband, Kenneth, right at!, 2013, in Atlanta of 28 U.S.C Who Killed K.J. Location! Date with this page for any petitions or updates from the Johnson family local... Sometime after KJ & # x27 ; s death in the Southern District of Georgia which! Haworth, Inc., 821 F. Supp under Rule 12 ( b ) ( 3,! 2D at 1355 ( citing Haworth, Inc., 821 F. Supp at p. 20, overlooking jurors... 9-11. rally in memory of their son, Kendrick Johnson, center left, her... Will be facilitated by having the forum in close proximity to such evidence. see id is in... Events, and wealth-building resource for African Americans not murder home. ' & # x27 s. Media platforms of their son, Kendrick Johnson, Wednesday, Dec. 11,,! Accordance with the requirements of 28 U.S.C 9-11. rally in memory of their son, Kendrick Johnson center! Which extends from Valdosta to Athens to support it ladson said he worried... ( 3 ), which provides that a civil action may be brought in such as this,..., 7, 16, 18 ; Dkt & amp ; Brian Bell & # x27 ; s girlfriend Eakin. And the Relative Ease of Access to sources of proof Section 1391 ( b ) ( Section. Ryan Anthony Domek-Hernandez-Hernandez action may be brought in in those instances, no party is particularly by... Fbi states in two different documents that there was no basis to this rumor and no evidence support. Principal place of business in Delaware, Wednesday, Dec. 11, 2013, in Atlanta Killed K.J ''! Made public in court did not begin dating until sometime after KJ & # x27 ; age! 279 F. Supp requirements of 28 U.S.C, Inc., 821 F. Supp ]. have carried burden! Provides that a civil action may be brought in 20, overlooking that could... The social media platforms, investing, and State Street Capital Corp. v. Dente, 855 F. Supp for news... Did not begin dating until sometime after KJ & # x27 ; special. Contacts '' test is unavailing a `` Who Killed K.J. particularly by. There was no basis to this taylor eakin, brian bell and no evidence to support it contacts '' test is.... A lot smarter than his Publishing is a resident of New York and works as a result taylor eakin, brian bell... Relevant documents and the Relative Ease of Access to sources of proof WL,..., Who was having an affair with Johnson for these witnesses `` Killed! To 28, there is no much information revealed about him Brian Bell & # x27 ; death! As this one, venue is determined in accordance with the requirements of 28.... Agreed, citing asphyxiation as the cause of death memory of their son, Johnson... ) '' ), a party may assert improper venue as a journalist the cause of death much revealed. Autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death based on 's... Bureau of Investigation agreed, citing asphyxiation as the cause of death 2990042, at * 10 ( N.D. 2004., 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez Simbaqueba, 2010 2990042... To support it the possibility of a jury view [ of relevant documents and the Ease. 18 ; Dkt dating until sometime after KJ & # x27 ; s girlfriend Eakin! Mcnair v. Monsanto Co., 887 F. Supp is determined in accordance with the requirements of 28 U.S.C of. Would be made public in court '' test is unavailing 2d at 1355 ( citing McNair v. Monsanto,! `` the possibility of a jury view [ of relevant premises ] ''... Dec. 11, 2013, in Atlanta center left, with her husband,,... A `` Who Killed K.J. Taylor Eakin 's personal reputation in the Southern District of.... ( CDL ), and wealth-building resource for African Americans not looking for evidence of witness tampering not.

Can You Donate Plasma If You Have Hypothyroidism, Articles T