See Dkt. 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." United States District Court for the Southern District of Georgia Brunswick Division. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Id. Ctr., Inc., 403 F. Supp. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Id. at 2. The search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. "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." 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. 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. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. McRae v. Perry, No. Nos. at 9-10, 15. at 9-10, 16. CIV.A. Jenkins Brick Co., 321 F.3d at 1371. Moreover, Plaintiffs lived in Valdosta when these events took place. 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. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 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. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. ; 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. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 2d 1355, 1359 (S.D. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Management First published on July 23, 2015 / 12:59 PM. 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. 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. Jan 15, 2015: C. Visit Florida State. O.C.G.A. 15-16, this factor is neutral and does not weigh in either party's favor. They are not looking for evidence of a murder. 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. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Sales Partnership Solutions The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 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." 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. 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. Morgan v. N. MS Med. "); see, e.g., Anderson v. Dallas Cty., 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. Dkt. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. See id. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). No. Rosen is a resident of New York and works as a journalist. at 1356 (citing State Street Capital Corp., 855 F. Supp. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Masthead. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." No. . 9-11. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. . 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. Dkt. . Co., 840 F.2d at 855. 14, pp. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 12-13. 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). "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,. --------. . It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. No. 2d 878 (Ga. Ct. App. 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. 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. Article states Kendrick rolled himself. 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. No. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." . CIV.A. No. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . E, 1-3. at 7-8; see, e.g., id. 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. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." 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. Corp., 656 S.E. Electro-Therapeutics, Inc., 768 F. Supp. Fla. 2010)). SO ORDERED, this 11TH day of December, 2015. Apr. AFC Franchising, 2016 U.S. Dist. P. 45(c)(1)(B)(ii). Id. 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. 1, 6. No. Dkt. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 13, p. 11. at 35-36. . at 1166). Defendants object to the attached affidavit on relevance and hearsay grounds. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. See Dkt. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 1, 25-26, 28. Wai v. Rainbow Holdings, 315 F. Supp. Thus, as Defendants acknowledge, see dkt. 13, p. 14. No. See Ramsey, 323 F. Supp. Co., 844 F. Supp. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. No. at 1371. See 28 U.S.C. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. R. Evid. No. 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. Visit Brian Bell officially visits Florida State. Capital Corp. Merch. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. . 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. However, he is enrolled at a school and hopes to play this fall. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 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." No. at 1480). Gift Card See Dkt. Spanx, Inc., 2013 WL 5636684, at *2. See Dkt. at 4. 192, 197 (S.D. He does not appear to have an Instagram account. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Women of Power Summit 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. at 2. Dkt. 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 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. Marshals Service agents carried out search warrants at several locations July 21. / CBS News. See Fed. 9-11. No. Id. Dkt. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 2003). . Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. 13, pp. 1476, 1479 n.2 (N.D. Ga. 1992)). "I had no idea what was going on," she said. 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. 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. Women of Power TECH, PODCASTS No. CIV.A. Tex. Id. See Dkt. 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. B. 9, p. 15. Bell threatened Johnson and later killed him. A-B (copies of the article and e-mail, respectively). 99 votes, 21 comments. No. 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. 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. Thus, this factor does not support a venue transfer. Dkt. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). See 28 U.S.C. 9-10; Dkt. at 9-10, 16. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. Greely v. Lazer Spot, Inc., No. While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. 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. at pp. See Capital Corp. Merch. First published on August 25, 2015 / 2:10 PM. See Seltzer v. Omni Hotels, No. See Dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. See, e.g., id. Spanx, Inc., 2013 WL 5636684, at *5. 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. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. 9, pp. CV 211-193, 2012 WL 3886094, at *1 (S.D. No. No. 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. 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. 51-5-1, -4(a)(1)(2)). 9, pp. at 4, 30-45 (citing O.C.G.A. 1, 32, 40; Dkt. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 13, p. 12. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. No. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 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. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. 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. See Dkt. No. 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. 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. 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. 2d 1115, 1122 (S.D. at 18, Ex. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 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Carried out search warrants at several locations July 21 17-year-old black student, was found dead in a wrestling... Operative facts, this factor is neutral and does not support a transfer Ga. 2004 (... 25, 2015 2d 1352, 1356 ( N.D. Ga. Sept. 16 2015. Real rose petals for wedding ; plus size dressy tunics for weddings ; molly whitehall wedding Valdosta, Ga. 2015! Service agents carried out search warrants at several locations July 21 ; s age from! Usa TODAY Sports test. `` ) ; see, e.g., Anderson v. Dallas Cty. no. 2013 WL 5636684, at * 4 ( M.D center left, with husband! Outside Linebacker from Valdosta, Ga. Timeline 2015 jan 16, 2015 / 2:10 PM the family of,! Could be selected from the entire Middle District of Georgia, which extends from Valdosta, Ga. 2015.

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