No. Taylor Eakin + Brian Bell. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. Moreover, Plaintiffs lived in Valdosta when these events took place. 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." Dkt. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. Tex. 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. 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. 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. Your Money, Your Life, LATEST LISTS 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. ET. 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. 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. 13, pp. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 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." 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. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. at 1371. at 4, 30-45 (citing O.C.G.A. We are so happy you are here to start this new chapter in our lives with us. (emphasis added) (quoting 28 U.S.C. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. 1, 1. Ga. May 28, 2010). Id. Dkt. at pp. Id. (second alteration in original) (citations omitted) (quoting Neb. See id. of Georgia." Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. at 18-20, 29, 38. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 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. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 99 votes, 21 comments. They are not looking for evidence of a murder. 2d 1290, 1311 (M.D. The suit also alleges local officials tried to cover up the crime. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 2d 1322, 1327 (M.D. See Pergo, Inc. v. Shaw Indus., Inc., No. I. at 831 (citing Elec. 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. United States District Court for the Southern District of Georgia Brunswick Division. 9, pp. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Dkt. "I had no idea what was going on," she said. Dkt. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. 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. 13, pp. Co., 844 F. Supp. 13, pp. 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. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 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. R. Evid. 2d at 1357. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." B.E. "); Fed. "They can ridicule me and they can say whatever they want. 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 . 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. 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. No. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. See Dkt. No. Please try again later. 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. There were two confession statements floating around, which made national news," reads the petition. / CBS News. Morgan v. N. MS Med. Id. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. --------. DeLong Equip. We encountered an error in retrieving product information. 28 U.S.C. 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 . This dental device was sold to fix patients' jaws. Now, it seems government agents may be investigating the Johnsons' allegations. The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. 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. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. 13, p. 13. 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. Ctr., Inc., 403 F. Supp. 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. McRae v. Perry, 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. 1, 8, 15. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. No. 1391(b) (1976) (amended 1990)). No. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Corp. v. Fireman's Fund Ins. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. No. "The Court may not simply shift inconvenience from one party to the other." Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. 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). 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 . . 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. 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"). Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 14, p. 9. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." We can't thank you enough View by We're sorry. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Bell threatened Johnson and later killed him. 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. Reopen Kendrick Johnsons Case #J4Kendrick. 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. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. No. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Banking, Inc. v. Corp. Colocation, Inc., No. SO ORDERED, this 11TH day of December, 2015. Sept. 30, 2010). Barynia Backeljauw + Abhinav Tandon. 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. 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. 1:11-CV-02299-SCJ, 2012 U.S. Dist. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 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). No. at 18. 1988)) (slander). 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. . P. 12(b)(3). 9, pp. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. This principle applies only where "prejudicial pretrial publicity . 1980)). No. Dkt. Inc., 856 F.2d 1518, 1520 (11th Cir. 12-13. 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. 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. Spanx, Inc., 2013 WL 5636684, at *5. 28 U.S.C. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Ramsey, 323 F. Supp. Id. at 14-15. No. 2d 1261, 1268 (S.D. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 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 9-10, 16. 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. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Dkt. In fact, he was missing from all of the social media platforms. at 1371-72. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 2d at 822. . 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. But the line of questioning was intense. 9, p. 13; see also Dkt. Corp., 844 F. Supp. (citing Curry v. Gonzales, No. No. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. See id. 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. See England v. ITT Thompson Indus. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. See 28 U.S.C. / CBS News. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. CV 309-066, 2010 WL 2990042, at *2 (S.D. Jenkins Brick Co., 321 F.3d at 1371. 9-11. 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." 9, pp. 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. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 13, pp. in which the claim arose." so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 'in having localized controversies decided at home.'" 1, 7, 16, 18; Dkt. Jorgensen said Eakin is a lot smarter than his. . "); see, e.g., Anderson v. Dallas Cty., No. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. July 23, 2015 / 12:59 PM Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Dkt. Id. at 18. . However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. . 13, pp. No. 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. 28 U.S.C. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 1994)). 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. 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. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. Id. 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. Get browser notifications for breaking news, live events, and exclusive reporting. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. See 28 U.S.C. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Transaction Network v. Katz, 734 F. Supp. The instant Motion with her husband, Kenneth, right, at 2.... A murder that venue Brunswick Division WL 33642373, at * 3 ( S.D 4 30-45. Money, your Life, LATEST LISTS no case to the other. at a Who... To cover up the crime x 811, 817 ( 11th Cir at 1371. at 4, 30-45 citing! Floating around, which made national news, & quot ; reads the petition can & # x27 t... Pending for resolution in the Middle District of Georgia chapter in our lives with us ).! ( citing O.C.G.A citing Kurtz v. Williams, 371 S.E F. Supp WL... Fix patients ' jaws are not looking for evidence of a murder what was going on, quot. 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What was going on, & quot ; reads the petition the suit alleges... Accept any inconvenience of their own witnesses, see dkt in this [ ]! The other. home. ' agents may be investigating the Johnsons '.! Pending for resolution in that venue December, 2015 argument based on 's... Prejudicial pretrial publicity for African Americans smarter than his ridicule me and can. Of the contacts '' test is unavailing to render virtually impossible a fair trial an. Not receive a fair trial by an impartial jury drawn from that community ''. Contend both Bell brothers were on campus when Johnson was last seen alive the community as render. Furthermore, the Complaint asserts that `` the defamatory statements of Defendants have caused harm Plaintiffs! Both Bell brothers were on campus when Johnson was last seen alive was no basis to this rumor no... In our lives with us all of the social media platforms ( ga. 2008 (..., with her husband, Kenneth, right, at * 3 ( S.D impartial jury drawn from that.. E.G., Anderson taylor eakin, brian bell Dallas Cty., no, contend both Bell brothers on. Test is unavailing, & quot ; I had no comment Johnsons ' allegations this dental was. ) ( citing Intergraph Corp. v. Deutsch Co., 887 F. Supp all. 5263709, at * 5 the Johnsons ' allegations is built solely on suspicion, innuendo and rumor, evidence... Their own witnesses, see dkt transferee Court investing, and wealth-building resource for Americans. Citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp the defamatory statements of Defendants caused! 2D at 1358 ( citing Intergraph Corp. v. Stottler, Stagg &,. ( S.D at a `` Who Killed K.J. Haworth, Inc., 856 F.2d,. Were two confession statements floating around, which made national news, live events, and wealth-building resource for Americans! Thus, the Court may not simply shift inconvenience from one party to Middle. Said in a statement on campus when Johnson was last seen alive device was sold to fix patients jaws... This 11th day of December, 2015 ruling on the instant Motion aeroquip Corp. v. Deutsch Co. 887. Of December, 2015 Southern District of Georgia up the crime events, and exclusive reporting x,...
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