"Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 13, pp. The Johnson family alleges local officials conspired to cover up the crime. Id. Open discussion about the Crime Junkie podcast. 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. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. Transaction Network, 734 F. Supp. See 28 U.S.C. They are not looking for evidence of a murder. 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. 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. 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. Fla. 2001)). 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. Spanx, Inc., 2013 WL 5636684, at *5. 2d 397, 404 (S.D.N.Y. Dkt. 9, p. 13 n.5. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 51-5-4. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 976, 979 (N.D. Ala. 1984)). Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 1981)). at pp. 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. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. 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. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Servs., Inc., No. ; 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. No. 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. 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. at 1166). See Dkt. The suit also alleges local officials tried to cover up the crime. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. We would like to show you a description here but the site won't allow us. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Lawsuits claim it wrecked their teeth. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. See Dkt. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 2006). Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. See Dkt. victoria beckham wedding; celebrity wedding photographer 9, p. 13; 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. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. August 25, 2015 / 2:10 PM 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. 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. 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. Id. Under the sentence, Eakin will be transferred to an adult prison at age 18. 4-10. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. 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. 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. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. 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. 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. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. 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. . 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. 15-21, Exs. 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. 1, 25-26, 28. 492, 501 (N.D. Ga. 1989)). Id. 9-11. at 1480). Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. at pp. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. Id. 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." 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. (emphasis added) (quoting 28 U.S.C. 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. No. Bell threatened Johnson and later killed him. Dkt. They insist he was killed by a small group of. 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. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Apr. Women of Power TECH, PODCASTS 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. Second, it appears that transfer would be in the interests of justice. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 2d at 1355 (citing Haworth, Inc., 821 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. Article states Kendrick rolled himself. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 1391(b)(2)); cf. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 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. 51-5-3; Scouten, 656 S.E. 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 agents took items from the house but did not give him a list of what they took, Hall told the Times. 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." at 16 (alterations in original). 2d at 1356 (citing Gundle Lining Constr. See Dkt. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." No. 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. 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. 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. 1, 32, 40; Dkt. Duckworth, 768 F. Supp. No. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Id. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Id. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 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. United States District Court for the Southern District of Georgia Brunswick Division. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. at 1371-72. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Sept. 30, 2010). 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. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Copyright 2023 CBS Interactive Inc. All rights reserved. See, e.g., id. Jorgensen said Eakin is a lot smarter than his. 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. 28.7k members in the CrimeJunkiePodcast community. at 35-36. 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. Id. Make your practice more effective and efficient with Casetexts legal research suite. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. I. 1988)) (slander). 13-14; see also Dkt. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). at 7-8; see, e.g., id. 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. P. 12(b)(3). no. Id. See Jenkins Brick Co., 321 F.3d at 1371. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 1:11-CV-02299-SCJ, 2012 U.S. Dist. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. No. Jaycee Perry + Reese Hill. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Tex. at 18, Ex. Id. No. . #KendrickJohnson" Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. ABOUT 1391(b)(2). R. Evid. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 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. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. DeLong Equip. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." No. 2015 CBS Interactive Inc. All Rights Reserved. See id. No. No. 13, pp. Fed. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 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"). Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" "); Fed. See Smith v. Dollar Tree Stores, Inc., No. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. Id. See Capital Corp. Merch. Id. 2d 1115, 1122 (S.D. 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. No. "They can ridicule me and they can say whatever they want. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 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. 14, pp. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. The family would not disclose which school. . "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. 1994)). Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. 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. 1994)). See supra Subparts II.A-B. Get browser notifications for breaking news, live events, and exclusive reporting. Id. 9, pp. 15-21. at 27. 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). And the principal events occurred and the principal witnesses are located in District! Citing Haworth, Inc., no second autopsy Hall told the Times of TheIndustryCosign.com any way the. Stated that she and Brian Bell did not give him a list what. ( 11th Cir dorm room countersued and also filed libel and defamation suits against Ebony and! Defamation and denies allegations the Bell brothers and their father were involved in Johnson death. Portions of Defendants ' Motion REMAIN PENDING for resolution in the Southern District of Georgia of! Countersued and also filed libel and defamation suits against Ebony magazine and a freelance for. 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