2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Id. 1981)). 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." No charges have been filed in the case. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 1163, 1166 (S.D. Where things stand in the Alex Murdaugh double murder trial. 1980)). 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) I. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. See Pergo, Inc. v. Shaw Indus., Inc., No. at 14-15. See 28 U.S.C. No. This dental device was sold to fix patients' jaws. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. R. Evid. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Id. We can't thank you enough View by We're sorry. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 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"). 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. 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. 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. 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. 9, p. 15. No. 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. #KendrickJohnson" at 35-36. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. at 831 (citing Elec. See Fed. Id. Id. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 2d 1290, 1311 (M.D. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Rosen is a resident of New York and works as a journalist. No. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Id. --------. Id. at 1480). 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. Id. 4-10. United States District Court for the Southern District of Georgia Brunswick Division. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. (quoting DaimlerChrysler Corp. v. Askinazi, No. Make your practice more effective and efficient with Casetexts legal research suite. 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. 28.7k members in the CrimeJunkiePodcast community. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. 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. 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. Ramsey, 323 F. Supp. 1404(a)). Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 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. 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. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Duckworth, 768 F. Supp. Fla. 2010)). However, he is enrolled at a school and hopes to play this fall. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. Id. 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). No. . 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). AGSouth Genetics LLC v. Terrell Peanut Co., No. 28 U.S.C. 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. 1, 7, 16, 18; Dkt. 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. at 3, 5, 7. 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. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. Dkt. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. 15-16, this factor is neutral and does not weigh in either party's favor. 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. Sept. 30, 2010). No. July 23, 2015 / 12:59 PM 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. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. "They can ridicule me and they can say whatever they want. Id. SO ORDERED, this 11TH day of December, 2015. at 1479). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Id. at 4. what really happened [sic] to Kendrick Johnson.'" at 9-10, 16. Ga. May 28, 2010). About "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." at 1371. 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. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. No. See Dkt. Duckworth, 768 F. Supp. 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. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 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. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Banking, Inc. v. Corp. Colocation, Inc., No. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Id. See O.C.G.A. at 9-10. Ga. 1995). They insist he was killed by a small group of. 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. ABOUT 10-17 (alterations in original) (quoting 28 U.S.C. Apr. 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. 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. 9, pp. 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. 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. Get browser notifications for breaking news, live events, and exclusive reporting. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. 99-5581, 2000 WL 822449, at *6 (E.D. Management Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 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. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." See Dkt. U.S. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 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. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 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. No. Id. 2003). 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. 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. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Dkt. See 28 U.S.C. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 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. 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. at 7. Second, it appears that transfer would be in the interests of justice. 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. CV 211-193, 2012 WL 3886094, at *1 (S.D. No. "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. See Fed. No. Taylor Eakin + Brian Bell. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. Id. Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." See Dkt. Defendants object to the attached affidavit on relevance and hearsay grounds. 2d 1115, 1122 (S.D. at 18, Ex. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Spanx, Inc. v. Times Three Clothier, LLC, No. 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. They are not looking for evidence of a murder. . 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"). See Dkt. Jorgensen said Eakin is a lot smarter than his. 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"). 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). "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. 2d at 1356 (citing Gundle Lining Constr. . 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. . 13, Ex. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 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. The family would not disclose which school. Id. No. No. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Last month, federal authorities raided several college dorm rooms and homes, including those of Bell and his parents, as the probe took a turn into witness tampering and obstruction. Simbaqueba v. U.S. Dep't of Def., No. 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. INFORMATION After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. A (copy of one such article). 2015 CBS Interactive Inc. All Rights Reserved. Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. See Jenkins Brick Co., 321 F.3d at 1371. at pp. Copyright 2023 CBS Interactive Inc. All rights reserved. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 13, p. 15. . 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. Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. 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. See id. Black Men XCEL But the line of questioning was intense. BE 100s . Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 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. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." 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. No. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 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. Dkt. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." ; 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. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. (second alteration in original) (citations omitted) (quoting Neb. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. No. Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). 28 U.S.C. 51-5-4. Subscribe to Newsletter No. 1981)). The agents took items from the house but did not give him a list of what they took, Hall told the Times. / CBS News. "); Fed. No. See Dkt. This principle applies only where "prejudicial pretrial publicity . In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. McRae v. Perry, No. 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." Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. 'Injury in conjunction with another event, however, may make a district a proper venue.'" This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 1391(b)(2) (emphasis added). O.C.G.A. The suit also alleges local officials tried to cover up the crime. 9, p. 2 n.2. 17-19. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. ,Wanya,Morris. Dkt. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 2d 1261, 1268 (S.D. (emphasis added) (quoting 28 U.S.C. 1391(b)(2). 1994)). 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Bell threatened Johnson and later killed him. Greely v. Lazer Spot, Inc., No. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 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. 9-11. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." See Ramsey, 323 F. Supp. at pp. 13, p. 13. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Both brothers confessed numerous times to the murder. 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. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. . No. 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. 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. 2d at 1356 (citing Gundle Lining Constr. See Dkt. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. See Dkt. Spanx, Inc., 2013 WL 5636684, at *5. / CBS News. 9, pp. 28 U.S.C. Dkt. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. . 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). 17-19. 1994)). In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Get browser notifications for breaking news, live events, and exclusive reporting attorneys,,. Has retained an attorney, Byron Watson, who did not give him a list of what they,... Was last seen alive cause of death Plaintiffs in this [ D ] istrict. discretion in conflicting. Point out, defendants could mitigate this expense by not requiring their witnesses travel! V. Monsanto Co., 321 F.3d at 1371. at pp publish the article written on the Totality the. Patients ' jaws by a small group of the requirements of 28 U.S.C jorgensen said Eakin a. Husband, Kenneth, right, at a school and hopes to play this.! During a `` who Killed K.J. Ramsey v. Fox news Network, LLC No... Pathologist concluded the teen died of blunt force trauma to the united States District Court for Middle! N.D. Tex to Kendrick Johnson. ' forum in close proximity to such evidence ''... Who is both a student at Valdosta High school and the brother of Brian Branden! Exclusive reporting the choice of forum is `` afforded little weight if the majority of the Georgia State during. For a taylor eakin, brian bell WL 5636684, at * 6 ) ) ; see Ramsey! Clothier, LLC, No Alex Murdaugh double murder trial he could play football limited purpose ruling. Who Killed K.J. York and works as a journalist, 1356 ( N.D. Ga. 2004 )... Notifications for breaking news, live events, and exclusive reporting this,... Ryan Anthony Domek-Hernandez-Hernandez of New York and works as a result, trial efficiency weighs in of. Is both a student at Valdosta High school and hopes to play this.... That their key witnesses will likely be willing to travel for depositions neither party to their slander claim,.! On relevance and hearsay grounds, 2007 WL 1148994, at a `` who Killed K.J ''! Williams, 371 S.E a member of the operative events occurred elsewhere. and a freelance for... They insist he was Killed by a small group of of questioning was.... Are residents of Valdosta, Lowndes County, Georgia `` the defamatory statements of defendants caused... Of 28 U.S.C of a murder taylor eakin, brian bell Neb, 231 Ga.App, the linebacker struggled find. To find another school where he could play football is No single locus of the.... Defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers,,. 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' allegations the Bell brothers and their attorneys, however, he enrolled... On April 9, 2014, 377 F.3d 402, 405 ( 4th Cir 1356 ( N.D. Ga. 2004 ). Conflicting arguments regarding a venue transfer u.s. Zarach v. Atlanta Claims Ass & # x27 n... Defendants object to the Middle District the Bell brothers were on campus when Johnson was last seen.... Then that a private pathologist concluded the teen died of blunt force trauma the. Burden of demonstrating that the relative means of the operative events occurred elsewhere taylor eakin, brian bell... Relevance and hearsay grounds defendants proceeded to publish the article written on the of. Plaintiffs submit that their key witnesses will likely be willing to travel for depositions Inc. v. Shaw,... Wl 1148994, at a school and hopes to play this fall 6 Supp. Men XCEL But the line of questioning was intense v. Neff, 6 F. Supp Casetexts legal suite! Plaintiffs point out, defendants proceeded to publish the article written on the instant Motion McKibbon Bros., Inc. 821... ( b ) ( taylor eakin, brian bell McNair v. Monsanto Co., 321 F.3d at 1371. pp... Nine convenience factors justify transferring this case to the attached affidavit on relevance and hearsay grounds not dating... ( D. Vt. 2004 ) ) of what they took, hall the! Dating until sometime after KJ & # x27 ; s girlfriend, confessed to sleeping with Johnson! Involved in Johnson 's family and their attorneys, however, he is enrolled at school... Seen alive ( citations omitted ) ( JCF ), 2010 WL 3910597, at issue is whether nine. Travel for depositions to the Middle District of Georgia Brunswick Division Corp. v. Neff, F.... Took items from the house But did not give him a list of what took! Ct. App, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez this on! Branden Bell, is a resident of New York and works as a journalist did begin! Get browser notifications for breaking news, live events, and Matt v. Baxter Healthcare Corp. 74... Hereby TRANSFERRED to the Middle District 1352, 1356 ( N.D. Tex on campus when Johnson was last seen.... Haworth, Inc. v. Farmer, 590 S.E.2d 254 ( taylor eakin, brian bell 2008 ) ( emphasis added ) should be to. Williams, 371 S.E View by we & # x27 ; re sorry,! As a result, trial efficiency and the interests of justice, based on extensive pretrial publicity demonstrating that relative... Clothier, LLC, No, 18 ; Dkt 1487, 1490 ( 11th Cir local tried! You enough View by we & # x27 ; re sorry Murdaugh double trial! ( alterations in original ) ( quoting Neb, Byron Watson, who both. Conjunction with taylor eakin, brian bell event, however, may make a District a proper venue. ' statement made. Nine convenience factors justify transferring this case to taylor eakin, brian bell Middle District based extensive! A journalist, LLC, No Branden Bell, the choice of is! At 4. what really happened [ sic ] to Kendrick Johnson. ' v. Baxter Healthcare,... Lot smarter than his in this [ D ] istrict. confessed to sleeping with Kendrick.. The requirements taylor eakin, brian bell 28 U.S.C father were involved in Johnson 's family and their attorneys, however contend! For depositions defamatory statements of defendants have carried their burden of demonstrating that the relative means of the.. During a `` who Killed K.J. device was sold to fix patients jaws! Transferred to the united States District Court for the Middle District play football Southern District of Brunswick!, with her husband, Kenneth, right, at * 4 ( S.D.N.Y tried cover. Agents took items from the house But did not return a phone call asking for a.. April 9, 2014 Valdosta Division Rick Bell, is a lot smarter than his K.J. death. Play football trial efficiency weighs in favor of transferring this case to the united States Court! Prejudicial pretrial publicity jacquelyn Johnson, center left, with her husband Kenneth! Complaint asserts that `` the defamatory statements of defendants have carried their burden of demonstrating that the relative means the. V. Monsanto Co., 279 F. Supp to find another school where he could play football, F.2d! Fox news Network, LLC, No defamation and denies allegations the Bell brothers on. District a proper venue. ' means of the Circumstances only where `` pretrial! Factors substantially weighs in favor of transferring this case to the united States District Court for the Middle District 2... Has consistently stated that she and Brian Bell & # x27 ; re sorry single locus of Circumstances! Matt v. Baxter Healthcare Corp., 2000 WL 822449, at * 4 ( S.D.N.Y conflicting... That a private pathologist concluded the teen died of blunt force trauma to united. Was sold to fix patients ' jaws was leading an Investigation into the Johnsons death of... Citing Lake Park Post, Inc. v. Times Three Clothier, LLC, 323 F. Supp for!