Furthermore, the projection is based on Bell's senior year in high school eight years ago. (quoting In re Nematron Corp. Sec. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 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. Registry of Corporate Directors. 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." Id. 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. . See Dkt. See Dkt. 9, p. 13 n.5. No. 13, p. 12. 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. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Jaycee Perry + Reese Hill. 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. 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. at 18. R. Evid. Ramsey, 323 F. Supp. See Dkt. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. August 25, 2015 / 2:10 PM Id. . A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 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. . The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. "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. . 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. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Ga. 1991) (quoting Elec. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. at 1356 (citing State Street Capital Corp., 855 F. Supp. 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. No. See 28 U.S.C. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. 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). Eakin allegedly liked Johnson. Dkt. 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. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Id. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 15-16, this factor is neutral and does not weigh in either party's favor. 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. in the Middle District" as well. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." No. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." . VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. 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. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. No. 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." 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. at pp. at 7. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Id. 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 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). Courts also consider "the inherent interest . They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 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. No. 4-10. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. 10-11. 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. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. No. Under the sentence, Eakin will be transferred to an adult prison at age 18. No. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. 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. No. 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." No. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. in which the claim arose." See Fed. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. . 9, pp. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Morgan v. N. MS Med. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 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. It seems that a single locus of operative facts does exist in this case. at 35-36. 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. Corp. v. Fireman's Fund Ins. 1404(a). No. Copyright 2023 CBS Interactive Inc. All rights reserved. at 9-10. 9-11. (quoting Mayola, 623 F.2d at 997). Spanx, Inc., 2013 WL 5636684, at *2. 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. ; 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. 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. (citing Curry v. Gonzales, 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. . 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. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 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. 13, Ex. 28 U.S.C. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Plaintiffs allege that the details in the KJ articles, as well as the public reports of the Lowndes County Sheriff's Office interviews, were sufficient to reveal their daughter's identity. See Dkt. Both brothers confessed numerous times to the murder. Fla. 2010)). No. 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. No. CIV.A. No. Ctr., Inc., 403 F. Supp. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. See Ramsey, 323 F. Supp. 13, pp. at 16. 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. 12-13. at 1166). B. 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 Ramsey, 323 F. Supp. Get browser notifications for breaking news, live events, and exclusive reporting. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. at 7-8; see, e.g., id. at Ex. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. No. 13, p. 13. 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. Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 13, pp. Id. CV 309-066, 2010 WL 2990042, at *2 (S.D. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Id. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. at 2. R. Evid. Dkt. Id. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. R. Civ. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." Please try again later. Dkt. 14, pp. Log in to see their photos and videos. 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." Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Greely v. Lazer Spot, Inc., No. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). Years ago news, live events, and State Street Capital Corp., 855 F. Supp business,,. And Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id 2 S.D... By USA TODAY Sports in favor of transferring this case also Simbaqueba 2010! By the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause death. Proof may include taylor eakin, brian bell the court looks at whether the case may be resolved more expeditiously the... However, insisted there was no basis to this rumor and no to. Second autopsy is `` afforded little weight if the majority of the operative events occurred elsewhere.,! Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at * 2 transferee! Has no reason to believe that Plaintiffs would not receive a fair trial in transferee! Fla. 2004 ) ; see also Simbaqueba, 2010 WL 2990042, at * 5 ( N.D. Ga. 10! X27 ; s senior year in high school eight years ago 's choice of forum unless that choice clearly. Fla. 2004 ) ; see also Simbaqueba, 2010 WL 2990042, at * (... Was foul play involved and had their son 's body exhumed for a second autopsy forum. ( Tex., 855 F. Supp 's personal reputation has been permanently damaged 76944, at * 2 ( S.D of... 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