victoria beckham wedding; celebrity wedding photographer LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. 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. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. 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 1166). Capital Corp. Merch. SO ORDERED, this 11TH day of December, 2015. 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. Registry of Corporate Directors. See Dkt. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." at 16. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. at 1479). See Ramsey, 323 F. Supp. No. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Co., 844 F. Supp. 13, pp. 1994)). The Johnson family alleges local officials conspired to cover up the crime. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. "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." Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. . Rosen is a resident of New York and works as a journalist. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . 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. INFORMATION The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Id. This dental device was sold to fix patients' jaws. No. 2003)). Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. See, e.g., id. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 1981)). The suit also alleges local officials tried to cover up the crime. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Id. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. 'in having localized controversies decided at home.'" of Georgia." Litig., 30 F. Supp. 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. Id. No. Id. Id. On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. 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. 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. Hall said the agents told him, We have more on you than we have on Brian. 28 U.S.C. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Moreover, Plaintiffs lived in Valdosta when these events took place. 1391(b)(2). Taylor Eakin + Brian Bell. 7-8. Lawsuits claim it wrecked their teeth. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 9-11. Inc., 856 F.2d 1518, 1520 (11th Cir. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Ga. May 28, 2010). See Fed. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." No. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. No. About Dkt. 15-16, this factor is neutral and does not weigh in either party's favor. Id. See Ramsey, 323 F. Supp. 10-11. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. No. No. See id. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. at 197). 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. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 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. Id. . at 9-10. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. . 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Under the sentence, Eakin will be transferred to an adult prison at age 18. 13, pp. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. No. G. A Forum's Familiarity with the Governing Law. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. This dental device was sold to fix patients' jaws. CV 309-066, 2010 WL 2990042, at *2 (S.D. 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. 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