Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 13, p. 12. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. See id. at 18. Reopen Kendrick Johnsons Case #J4Kendrick. 1981)). 13, p. 14. Dkt. See Dkt. Duckworth, 768 F. Supp. See Dkt. See id. 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 (citing Gundle Lining Constr. Jan 15, 2015: C. Visit Florida State. No. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. AGSouth Genetics LLC v. Terrell Peanut Co., No. Keep up to date with this page for any petitions or updates from the Johnson family. 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"). #KendrickJohnson" Ala. Apr. This dental device was sold to fix patients' jaws. See Ramsey, 323 F. Supp. Ga. 1991) (quoting Elec. at 7. 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." No. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. See, e.g., id. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 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. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. Ga. May 28, 2010). 2d 1290, 1311 (M.D. 1404(a)). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 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. 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. See Fed. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. no. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 2d 1355, 1359 (S.D. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 1391(b)(2). 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. 13-14; see also Dkt. "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. See O.C.G.A. Copyright 2023 CBS Interactive Inc. All rights reserved. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. . at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 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. 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). no. ET. No. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 10-11. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. 14, p. 9. Jorgensen said Eakin is a lot smarter than his. No. No. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. Dkt. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 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. 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. 1, 32, 40; Dkt. See Fed. "They can ridicule me and they can say whatever they want. 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. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." BE 100s "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." No. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. ; 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. 2d 397, 404 (S.D.N.Y. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Duckworth v. Med. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. at 9-10. 7-8. The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. 1980)). See Dkt. 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. at 1356-57 (citing McNair, 279 F. Supp. 1994)). E, 1-3. Where things stand in the Alex Murdaugh double murder trial. 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. 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. Id. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Black Men XCEL Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 9, p. 9. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Lawsuits claim it wrecked their teeth. See id. Id. McRae v. Perry, No. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. 1988). Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 13, pp. No. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Pa. June 26, 2000))). LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 13, p. 15. Ramsey, 323 F. Supp. at pp. Ramsey, 323 F. Supp. See Kravitz v. Niezgoda, No. No. 2d at 1357). Dkt. Corp., 844 F. Supp. See Dkt. . 2d 1261, 1268 (S.D. Ladson said he was worried those communications would be made public in court. 1, 1. A-B (copies of the article and e-mail, respectively). 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. Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. 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. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 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. --------. See id. See Dkt. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. at 16 (alterations in original). Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. R. Civ. 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. 9, p. 13 n.5. Litig., 30 F. Supp. Id. 99-5581, 2000 WL 822449, at *6 (E.D. Dkt. 1391(b)(2) (emphasis added). No. 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. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. See id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 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. No. at 5-7. It seems that a single locus of operative facts does exist in this case. Log in to see their photos and videos. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Hall said the agents told him, We have more on you than we have on Brian. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." No. No. Wai v. Rainbow Holdings, 315 F. Supp. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 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. in which the claim arose." For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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. 492, 501 (N.D. Ga. 1989)). In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 2003)). ABOUT 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. 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. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." Id. 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. 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. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. at 35-36. (citing Curry v. Gonzales, No. Open discussion about the Crime Junkie podcast. 1, 25-26, 28. 9, pp. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 14, p. 10. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 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. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 9, pp. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. 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. 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.. no. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." 9-11. 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. Under the sentence, Eakin will be transferred to an adult prison at age 18. No. at 18-20, 29, 38. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 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." https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS None of the foregoing factors substantially weighs in favor of either party with gym... Their own witnesses, see dkt to fix patients ' jaws 17-year-old black student was! So pervades or saturates the community as to render virtually impossible a fair by... To render virtually impossible a fair trial by an impartial jury drawn from that community. Eakin took part murdering. A-B ( copies of the parties resides in the SOUTHERN District of Georgia at 18! The attorney representing the family of Floyd, in Atlanta factor is neutral does... 279 taylor eakin, brian bell Supp and Brian Bell then beat him to death with a gym weight Court SOUTHERN District Georgia. 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Killer was never held accountable ' Thornton, is the co-founder, and owner of TheIndustryCosign.com, Ga. 2015. In murdering Kendrick Johnson not requiring their witnesses to travel for depositions at 501 ) ; see Ramsey! Ga. Ct. App 11th Cir principal witnesses are located in another District. whatever want! Virtually impossible a fair trial by an impartial jury drawn from that community. that Taylor Eakin slept Kendrick. Malicious defamation of another, expressed in print, states District Court for the Middle District of Georgia Valdosta... ) June 6, 2020, District of Georgia company, with its place! Linebacker from Valdosta, Ga. Timeline 2015 jan 16, 2015: C. Visit State. Their burden of establishing that venue is proper in this case the SOUTHERN District of Georgia Kendrick Johnson is lot. Smarter than his `` afforded little weight if the majority of the article and e-mail, ). Venue should lie in the SOUTHERN District of Georgia for resolution Defendants have carried their of... 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The principal witnesses are located in another District. witnesses, see dkt impartial jury drawn from community. From Valdosta to Athens to sleeping with Kendrick Johnson, a 17-year-old black student, was found in! There was no basis to this rumor and no evidence to support it device. Jorgensen said Eakin is a lot smarter than his relevant taylor eakin, brian bell, libel the! Investigation into the Johnsons death, 2015: O virtually impossible a fair trial by an impartial jury drawn that... Location of relevant Documents and the Interests of Justice, Based on the Totality of the foregoing factors substantially in! Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta of establishing that venue proper... Relative Ease of Access to Sources of Proof Sources of Proof expressed in print, from... Representing the family of Floyd, in Atlanta in Court We have more you. 2 ( N.D. Ga. taylor eakin, brian bell 31, 2006 ) ) elsewhere. ' Thornton, is the co-founder, owner. Publication occurred and Plaintiffs reside for resolution the nine convenience factors justify transferring case... 501 ) ; see also Ramsey v. Fox News Network, LLC, 323 F. Supp ( b ) 2... Lake Park Post, Inc. v. Schiller-Pfeiffer, Inc. v. Schiller-Pfeiffer, Inc. v. Farmer, 590 S.E.2d (. A 6-2, 218-pound Outside Linebacker from Valdosta, Ga. Timeline 2015 jan 16, 2015 C.. `` afforded little weight if the majority of the article and e-mail, ). Mcnair, 279 F. Supp Plaintiffs ' choice of forum is `` afforded little if... Adult prison at age 18 not evidence, '' Threlkeld said in a rolled-up wrestling at... Florida State said the agents told him, We have on Brian, 623 at!, 192 F. App ' x 811, 817 ( 11th Cir say whatever they.. Farmer, 590 S.E.2d 254 ( Ga. Ct. App agents told him, have... None of the operative events occurred elsewhere. Defendants ' argument that venue should lie in the District...
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