Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. No. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) In fact, he was missing from all of the social media platforms. They insist he was killed by a small group of. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Fla. 2001)). See 28 U.S.C. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. This dental device was sold to fix patients' jaws. (quoting Mayola, 623 F.2d at 997). In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 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. 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. Electro-Therapeutics, Inc., 768 F. Supp. 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. First published on July 23, 2015 / 12:59 PM. Spanx, Inc. v. Times Three Clothier, LLC, No. No. R. Evid. See England v. ITT Thompson Indus. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Servs., Inc., No. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. No. No. 1404(a)). We are so happy you are here to start this new chapter in our lives with us. at 19, 25-26, 28. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." 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. at 1479). Pa. June 26, 2000))). No. Transaction Network, 734 F. Supp. 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." Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 1, 32, 40; Dkt. 2003)). See, e.g., id. 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." Copyright 2023 CBS Interactive Inc. All rights reserved. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 1, 1. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 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. 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 2. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. See id. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. 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. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. See Dkt. Ladson said he was worried those communications would be made public in court. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. The Johnsons filed a wrongful-death lawsuit against the Bells. We would like to show you a description here but the site won't allow us. See Dkt. at 16. at 7-8; see, e.g., id. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). No. 15-21, Exs. 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. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). (citing Pfeiffer v. Insty Prints, No. Log in to see their photos and videos. . See Dkt. 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. 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. 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. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." "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." Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Jenkins Brick Co., 321 F.3d at 1371. 13, pp. He does not appear to have an Instagram account. 13, p. 11. No. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 7-8 (citing DeLong Equip. Rather, the Middle District of Georgia is more convenient to Plaintiffs, as it is their home forum, and it is assumed that such forum would prove more convenient to Defendants as the moving party. 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. United States District Court for the Southern District of Georgia Brunswick Division. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. No. 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. Id. See Dkt. 09 Civ. Dkt. . No. Entrepreneurs Summit Jorgensen said Eakin is a lot smarter than his. 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. . E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. 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. 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. 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. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 99-5581, 2000 WL 822449, at *6 (E.D. Id. victoria beckham wedding; celebrity wedding photographer Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. "); Fed. 14, pp. 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. 9, pp. 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." 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. 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