at 35-36. "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." Keep up to date with this page for any petitions or updates from the Johnson family. See England v. ITT Thompson Indus. "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." 13, pp. 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 pp. at 3, 5, 7. at 831 (citing Elec. 9-11. 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. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. ET. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. R. Civ. ABOUT 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. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Women of Power TECH, PODCASTS Marshals Service agents carried out search warrants at several locations July 21. 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. 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. at 2. Id. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Article states Kendrick rolled himself. 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. Jaycee Perry + Reese Hill. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." BE 100s SO ORDERED, this 11TH day of December, 2015. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 15-21. 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. No. See Dkt. 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. See Jenkins Brick Co., 321 F.3d at 1371. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. P. 12(b)(3). 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. 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. See id. 2 93, 294 (S.D. 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. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 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. 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. Is that it?. 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. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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.". 28.7k members in the CrimeJunkiePodcast community. Id. 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. I. Make your practice more effective and efficient with Casetexts legal research suite. . In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. See id. 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. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 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. 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, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. The Johnsons filed a wrongful-death lawsuit against the Bells. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Banking, Inc. v. Corp. Colocation, Inc., No. 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." 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). Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. Id. . No. 2d 878 (Ga. Ct. App. Transaction Network v. Katz, 734 F. Supp. 14, p. 10. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 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. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 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. 9, pp. 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 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. 15-21, Exs. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. no. . 2d at 1356 (citing Gundle Lining Constr. 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"). 10-17 (alterations in original) (quoting 28 U.S.C. No. CV 309-066, 2010 WL 2990042, at *2 (S.D. B.E. 1391(b)(2). Id. "); see, e.g., Anderson v. Dallas Cty., No. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Stephanie Slifer covers crime and justice for CBSNews.com. at 4. Id. no. Ga. May 28, 2010). Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. First published on August 25, 2015 / 2:10 PM. victoria beckham wedding; celebrity wedding photographer 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. 13-14. 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. 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. No. 10-11. 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. 9, p. 15. This Account is Private Already follow tayloreakin? 9, pp. But the line of questioning was intense. See id. No. See, e.g., id. 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. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." . 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. 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." 2015 CBS Interactive Inc. All Rights Reserved. About 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. 9, p. 13; see also Dkt. Dkt. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. We are so happy you are here to start this new chapter in our lives with us. at 1371. 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." 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. 28 U.S.C. Id. Jan 15, 2015: C. Visit Florida State. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 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. 13, Ex. 13, p. 13. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. (second alteration in original) (citations omitted) (quoting Neb. No. They are not looking for evidence of a murder. Id. See Fed. at pp. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. at 1166). See Dkt. See Dkt. See Dkt. no. See Dkt. See id. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Get browser notifications for breaking news, live events, and exclusive reporting. Justify transferring this action to the wrongful death lawsuit filed by the Georgia State Capitol during a `` Who K.J. 501 ) ; see also Ramsey v. Fox News Network, LLC, 323 F... 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