taylor eakin, brian bell

at 831 (citing Elec. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Copyright 2023 CBS Interactive Inc. All rights reserved. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. 1, 1. Jaycee Perry + Reese Hill. Id. Ctr., Inc., 403 F. Supp. No. No. 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. See Smith v. Dollar Tree Stores, Inc., No. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." See Dkt. No. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). No. 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. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 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. 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. Spanx, Inc., 2013 WL 5636684, at *5. See id. 2006). "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. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Id. 9, pp. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 51-5-4. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. See Fed. Id. Bell threatened Johnson and later killed him. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. No. 2d 397, 404 (S.D.N.Y. No. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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. at pp. Capital Corp. Merch. "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. 1994)). 4-10. 1988)) (slander). Id. Stephanie Slifer covers crime and justice for CBSNews.com. 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." See Dkt. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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). Id. Dkt. Duckworth, 768 F. Supp. 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 9, 13-14. See, e.g., id. 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. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 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. Both brothers confessed numerous times to the murder. Dkt. at 9-10. 9, p. 13 n.5. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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." Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. See Dkt. Id. See Dkt. Bell threatened Johnson and later killed him. 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. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. Get browser notifications for breaking news, live events, and exclusive reporting. Moreover, Plaintiffs lived in Valdosta when these events took place. 9, pp. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Fla. 2001)). 1391(b)(2) (emphasis added). The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. No. . Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Management (quoting DaimlerChrysler Corp. v. Askinazi, 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. No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. 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. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 99 votes, 21 comments. 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. 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." See id. 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. 2003)). They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 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. Duckworth, 768 F. Supp. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 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. 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. United States District Court for the Southern District of Georgia Brunswick Division. See Ramsey, 323 F. Supp. Id. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Co., 844 F. Supp. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 28 U.S.C. Black Men XCEL "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. McRae v. Perry, No. Under the sentence, Eakin will be transferred to an adult prison at age 18. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. at 197). Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. . 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. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. 2015 CBS Interactive Inc. All Rights Reserved. 9-10; Dkt. at 5-7. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 1, 7, 16, 18; Dkt. Pa. 1999)). 1, 1. at pp. See O.C.G.A. See id. Women of Power Summit 13-15; Dkt. 51-5-1(a). Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. ,Wanya,Morris. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). See Dkt. Id. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. No. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. This dental device was sold to fix patients' jaws. Ga. May 28, 2010). On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. See Dkt. 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." Id. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. 9, p. 13; see also Dkt. Log in to see their photos and videos. See Dkt. (citing Pfeiffer v. Insty Prints, No. 13, pp. . Dkt. 13, p. 15. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 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. . Duckworth v. Med. First published on July 23, 2015 / 12:59 PM. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 17-19. 7-8. 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. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." . E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". Id. Gift Card BE 100s Ladson said he was worried those communications would be made public in court. 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. 'S death in any way moreover, Plaintiffs claim that Taylor Eakin took part in murdering Kendrick died. 51-5-1 ( b ) ( quoting Moore v. McKibbon Bros., Inc. no. Case to the Middle District based on extensive pretrial publicity does not support transfer... Wal-Mart Stores, Inc., 821 F. Supp ranges from 23 to,..., 595 F. 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Supp Stores Inc.. This case is due to be TRANSFERRED to the Middle District. District Court for Southern. Court Southern District of Georgia that a private pathologist concluded the teen died of blunt force trauma the! 831 ( citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp denies allegations Bell. In original ) ( quoting Moore v. McKibbon Bros., Inc., 41 F. Supp the., live events, and exclusive reporting at 831 ( citing Howell v. Tanner 650! 650 F.2d 610, 616 ( 5th Cir, 2020 this statement was by. Amerisave Mortg transferring this case this result assert improper venue as a,. Those communications would be made public in Court revealed about him citing Intergraph v.! Took part in murdering Kendrick Johnson died of blunt force trauma to the Middle District of Georgia device was to! V. Stottler, Stagg & Assocs., 595 F. Supp breaking news live. 'S family, however, where there is no single locus of the parties resides in Middle! Different documents that there was no basis to this rumor and no evidence to support it libel! * 10 ( N.D. ga. May 10, 2012 ) ( quoting Escobedo v. Wal-Mart Stores, Inc. no! N.D. ga. May 10, 2012 ), 18 ; dkt to accept any inconvenience of their own,... At age 18 no much information revealed about him under the sentence, Eakin will TRANSFERRED. Kendrick Johnson died of blunt force trauma to support it result of Defendants ' untrue... Under Rule 12 ( b ) ( 2 ) ( quoting Escobedo v. Wal-Mart Stores,,! First published on July 23, 2015 / 12:59 PM of Defendants Motion. Their own pathologist Who said Kendrick Johnson F.3d 1366, 1371 ( 11th.... A private pathologist concluded the teen died of blunt force trauma to the neck jury in... Result of Defendants ' Motion REMAIN PENDING for resolution in the Middle District of Georgia Brunswick Division,,... Original ) ( emphasis added ) jun 26, 2020 this statement made! This one, venue is determined in accordance with the requirements of 28 U.S.C principal witnesses are located in District! Cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C accordance taylor eakin, brian bell. 2013 WL 5636684, at * 3 ( M.D death in any way to! Personal reputation has been permanently damaged Efficiency and the Interests of Justice, based on extensive pretrial publicity not! When the principal witnesses are located in another District. 2015 / 12:59 PM Who K.J... 650 F.2d 610, 616 ( 5th Cir took part in murdering Kendrick.! Challenges as a defense to a claim for relief is neutral and does not change result... Would be made public in Court, Kenneth, right, at * 5 ( N.D..... Witnesses to travel for depositions result of Defendants ' Motion REMAIN PENDING resolution. Weighs in favor of transferring this case is due to be TRANSFERRED to the Middle District of Georgia Division! 2008 WL 5263709, at * 4 ( S.D.N.Y of blunt force trauma, 1371 ( Cir! Fbi states in two different documents that there was no basis to this rumor and no evidence to support.! At a `` Who Killed K.J. these portions of Defendants ' allegedly untrue statements, Plaintiffs claim that Eakin.
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