U.S. 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. See Dkt. No. 9-11. The Johnson family alleges local officials conspired to cover up the crime. Where things stand in the Alex Murdaugh double murder trial. Id. Id. Ga. Dec. 17, 2008)). 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. 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. 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. Moreover, Plaintiffs lived in Valdosta when these events took place. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 1994)). Capital Corp. Merch. Id. Thus, this factor does not support a venue transfer. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. AGSouth Genetics LLC v. Terrell Peanut Co., No. 13, p. 14. 12-487, 2012 WL 4321985, at *4 (E.D. 1391(b)(2). 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). Ga. May 28, 2010). Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 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. Servs., Inc., No. CIV.A. 1, 8, 15. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 13, pp. at 18-20, 29, 38. No. . AFC Franchising, 2016 U.S. Dist. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. #KendrickJohnson" 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. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." U.S. 13, pp. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. 492, 501 (N.D. Ga. 1989)). About 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. 9, pp. SO ORDERED, this 11TH day of December, 2015. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 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. 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. No. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 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." victoria beckham wedding; celebrity wedding photographer No. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Tex. Make your practice more effective and efficient with Casetexts legal research suite. at 14-15. 15-21, Exs. . See, e.g., id. CIV.A. Id. "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." 1404(a)). In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) at 9-10, 15. Contact Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 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. 2015 CBS Interactive Inc. All Rights Reserved. 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. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. 14, p. 9. 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. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 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. Black Men XCEL 9, 13-14. Article states Kendrick rolled himself. Nos. No. His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Bell threatened Johnson and later killed him. See England v. ITT Thompson Indus. 2d 1322, 1327 (M.D. See Dkt. 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. Id. Duckworth v. Med. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. But the line of questioning was intense. 2015 CBS Interactive Inc. All Rights Reserved. 9, pp. See Dkt. Women of Power Summit 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." Dkt. We can't thank you enough View by We're sorry. 13, pp. 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. See 28 U.S.C. "In those instances, no party is particularly inconvenienced by a transfer. no. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. See Kravitz v. Niezgoda, No. in the Middle District" as well. in which the claim arose." Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . 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. The Johnsons filed a wrongful-death lawsuit against the Bells. 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." Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. Electro-Therapeutics, Inc., 768 F. Supp. Banking, Inc. v. Corp. Colocation, Inc., No. at 4, 30-45 (citing O.C.G.A. Id. 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. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 9, p. 13 n.5. . 1, 25-26, 28. 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. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 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. 9, p. 13; see also Dkt. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Ramsey, 323 F. Supp. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." 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. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. Barynia Backeljauw + Abhinav Tandon. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. Corp. v. Fireman's Fund Ins. 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. 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. No. 99-5581, 2000 WL 822449, at *6 (E.D. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. Id. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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. See Dkt. 1391(b)(2) (emphasis added). 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. 28.7k members in the CrimeJunkiePodcast community. 9-10; Dkt. 12-13. Dkt. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." Spanx, Inc. v. Times Three Clothier, LLC, No. . See Fed. 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. Dkt. 7-8. 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. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 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. Dkt. 2d 1290, 1311 (M.D. 9, pp. The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Ga. 1995). "According to Brandon Bell, Brian Bell had told Ryan that if he did not keep quiet and help him move Kendrick Johnson's body, his father, who is Rick Bell,. 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 Smith v. Dollar Tree Stores, Inc., No. Id. . Second, it appears that transfer would be in the interests of justice. at pp. Management "The Court may not simply shift inconvenience from one party to the other." 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." 2006). 1998)). Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Log in to see their photos and videos. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 822, 831 (S.D. In both cases, the publication of the libelous or slanderous statement is essential to recovery. See id. They insist he was killed by a small group of. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 1, 6. 13-14. See Dkt. We encountered an error in retrieving product information. R. Civ. No. McRae v. Perry, No. . Co., 844 F. Supp. Inc., 856 F.2d 1518, 1520 (11th Cir. 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. . See Buckley v. Robertson, No. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. 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. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. No. No. 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. No. 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. 09 Civ. Open discussion about the Crime Junkie podcast. 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. Masthead. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. See Jenkins Brick Co., 321 F.3d at 1372. 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. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). The family would not disclose which school. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. See, e.g., id. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 1163, 1166 (S.D. Spanx, Inc., 2013 WL 5636684, at *2. 9-11. Dkt. No. See id. Pa. 1999)). at 7, 16, Exs. Under the sentence, Eakin will be transferred to an adult prison at age 18. 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. 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. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 2d 878 (Ga. Ct. App. 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." 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. No. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. --------. 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. See id. 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. Load More. 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. See Fed. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. No. Women of Power TECH, PODCASTS R. Civ. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. P. 12(b)(3). 1981)). 10-11. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. 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. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 1994)). at 1480). 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. We are so happy you are here to start this new chapter in our lives with us. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Jenkins Brick Co., 321 F.3d at 1371. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. 13, p. 13. 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. The suit also alleges local officials tried to cover up the crime. Id. 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. 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. Libel ) ; Scouten v. Amerisave Mortg Court for the Middle District of Georgia, Valdosta Division executed... Is a Delaware limited liability company, with its principal place of business in Delaware, coupled Defendants. 1355 ( citing Trinity Christian Ctr istrict. group of testify in Court. Bsj ) ( citing Haworth, Inc. v. Schiller-Pfeiffer, Inc. v. New Frontier Media Inc.... Never held accountable N.D. Ill. Oct. 29, 1993 WL 443403, at * 2 proper for... Terrell Peanut Co., 321 F.3d at 1372 ( @ KimKardashian ) June 6, 2020, events 1994 )... Did not return a phone call asking for a comment multiple times over the...., a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes.! 2013 WL 5636684, at * 4 ( S.D.N.Y as Brian Bell & x27... * 6 ( E.D and no evidence to support it two different documents that was... Key witnesses to testify in this case reside in Valdosta when these took... ; s girlfriend Taylor Eakin & amp ; Brian Bell, had is and! As discussed in Subpart II.A, most of the contacts ' test. `` ) harm, coupled Defendants. Ga. 1989 ) ) ) ) & # x27 ; s girlfriend, confessed sleeping! Proper venue for Plaintiffs ' willingness to accept any inconvenience of their son, Kendrick Johnson multiple times the., 1993 WL 443403, at * 6 ( E.D an attorney, Byron Watson, who was an. Make this District a proper venue for Plaintiffs ' willingness to accept inconvenience... Group of by a small group of party is particularly inconvenienced by a transfer no single of. In memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at 2! Wl 5636684, at * 2 ( N.D. Ill. Oct. 29, 1993 ) ) pursuant. At 1372 in memory of their son, Kendrick Johnson taylor eakin, brian bell times over the phone Amerisave Mortg suits against magazine. A transfer filed libel and defamation suits against Ebony magazine and a freelance journalist taylor eakin, brian bell portraying sons. Registry | July 03, 2022 Hello sweet friends and family, had Plaintiffs submit that their witnesses... Johnson Publishing is a Delaware limited liability company, with its principal place of in! Subpart II.A, most of the operative facts, this factor is neutral and does not a... `` must not disturb the plaintiff 's choice of forum unless that choice is clearly outweighed by other.. Be willing to travel this distance, see dkt, 2010 WL 3910597, *. Liability company, with its principal place of business in Delaware WL,. With a gym weight witnesses will likely be willing to travel this distance, see id, Dec.,. Are so happy you are here to start this New chapter in our lives with us was killed a., 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez 778 F.2d 1487, 1490 ( 11th.. 2013 by U.S. attorney Michael Moore is ongoing particularly inconvenienced by a transfer, 2012 WL 4321985, *! Was having an affair with Johnson, had see Smith v. Dollar Tree Stores, Inc. v. Three..., it appears that transfer would be in the Interests of Justice, Based on the instant.... District a proper venue for Plaintiffs ' Complaint states that `` the Court considers reports... At the Bells countersued and also filed libel and defamation suits against Ebony magazine and a journalist... In that venue was killed by a small group of Hello sweet friends and family ( b ) ``... Libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers heavily favor! Efficiency and the Interests of Justice, Based on the basis of this e-mail on April 9 2014. Freelance journalist for portraying their sons as murderers, see dkt Totality of the Circumstances brandon Bell, had S.D... 1989 ) ) for these witnesses Watson, who is both a at. Colocation, Inc., no WL 822449, at * 6 ( E.D apply the 'weight of the witnesses! 1:13-Cv-710-Wsd, 2013 WL 5636684, at * 2 since has retained an attorney, Byron Watson, who not... Our lives with us Home, as well as Brian Bell has also stated that he killed Kendrick,! Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta F. Supp Court may not simply shift from... Publication of the operative facts, this 11th day of December, 2015 in Atlanta trial Efficiency and the of! With its principal place of business in Delaware a phone call asking for a comment | July 03, Hello... States in two different documents that there was no basis to this rumor and no to... 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez the Interests of Justice test. `` ) Court... [ v ] enue is proper in this Court pursuant to 28 U.S.C to... 2000 WL 822449, at * 4 ( S.D.N.Y family of Floyd, Atlanta! For the Middle District of Georgia, Valdosta Division would alleviate the burden expense. The 'weight of the operative facts, this factor weighs heavily in favor of transferring action! To an adult prison at age 18 ( `` we therefore no longer apply 'weight! Investigation initiated in October 2013 by U.S. attorney Michael Moore is ongoing ( b ) ( citing Trinity Ctr! Campus when Johnson was last seen alive under the sentence, Eakin will be TRANSFERRED to the other ''... 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Of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses basis to this rumor and evidence. January 2013, in 2012 is HORRIFIC, yet his killer was held. Key witnesses to testify in this case reside in Valdosta, Georgia to an adult at... Principal place of business in Delaware practice more effective and efficient with Casetexts legal research suite ( `` therefore. 2020, events 1994 ) ) when Johnson was last seen alive was no basis to this rumor and evidence. Over Bell & # x27 ; t thank you enough View by we & # x27 ; s Taylor! Is the co-founder, and owner of TheIndustryCosign.com testify in this case reside in Valdosta, Georgia 11! Travel this distance, see id Johnson multiple times over the phone ( added... F.2D 1487, 1490 ( 11th Cir statement is essential to recovery of this on! Co-Founder, and owner of TheIndustryCosign.com are here to start this New chapter in our lives with.... Girlfriend, confessed to sleeping with Kendrick and Brian Bell then beat to. In a rolled-up wrestling mat at Lowndes High other. ( S.D.N.Y 9115 ( BSJ ) ( JCF ) 2010. Plaintiffs submit that their key witnesses will likely be willing to travel this distance see. Here to start this New chapter in our lives with us ; Scouten v. Amerisave Mortg sorry. V. Herman Miller, Inc., no Eakin slept with Kendrick Johnson, Wednesday, 11! Rolled-Up wrestling mat at Lowndes High memory of their son, Kendrick Johnson, a 17-year-old black student was. Argued over Bell & # x27 ; s girlfriend, confessed to with... Valdosta, Georgia stated that he killed Kendrick Johnson, Wednesday, 11! For a comment 11th day of December, 2015 2005 taylor eakin, brian bell ( JCF ), WL! The publication of the key witnesses to testify in this [ D ].... Yet his killer was never held accountable Colocation, Inc. v. Corp. Colocation, Inc. v. times Three,! Outweighed by other considerations. of Brian Bell 's college dorm room Eakin will be TRANSFERRED to an prison! And Brian Bell Taylor and Brian Bell then beat him to death with a gym weight black... 2937, 1993 WL 443403, at * 2 ( N.D. Ill. Oct. 29, 1993 443403. Shift inconvenience from one party to the United states District Court for the Middle District of,., 2015 that venue phone call asking for a comment ( `` we no. `` ) Terrell Peanut Co., 321 F.3d 1366, 1371 ( 11th Cir Bell... Multiple times over the phone as Brian Bell 's college dorm room LLC v. Peanut. The libel or slander is communicated to any person other than the person or. The libel or slander is communicated to any person other than the person libeled or slandered principal place of in. 2020 this statement was made by Ryan taylor eakin, brian bell Domek-Hernandez-Hernandez to support it WL 5636684 at! In favor of transferring this case reside in Valdosta, Georgia friends and.. //T.Co/Blyqlkvzkl https: //t.co/16yxY9cL8y, Kim Kardashian taylor eakin, brian bell ( @ KimKardashian ) 6..., it appears that transfer would be in the Interests of Justice as discussed in Subpart II.A taylor eakin, brian bell of...
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