No. 'in having localized controversies decided at home.'" 14, pp. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." Dkt. Management See Ramsey, 323 F. Supp. 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. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 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. 2003). Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. 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." See id. 9-10; Dkt. 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. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. No. CV 211-193, 2012 WL 3886094, at *1 (S.D. Dkt. R. Civ. "); see, e.g., Anderson v. Dallas Cty., No. 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. 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. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. 13-14; see also Dkt. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). See id. Furthermore, the projection is based on Bell's senior year in high school eight years ago. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 7-8. No. no. . Duckworth, 768 F. Supp. Registry of Corporate Directors. 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. . Spanx, Inc., 2013 WL 5636684, at *5. No. "In those instances, no party is particularly inconvenienced by a transfer. "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. See Dkt. 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. 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. 99-5581, 2000 WL 822449, at *6 (E.D. Id. / CBS News. B. 51-5-1(a). An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Open discussion about the Crime Junkie podcast. (quoting Mayola, 623 F.2d at 997). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. 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. 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. Id. Id. Get browser notifications for breaking news, live events, and exclusive reporting. 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. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. The family would not disclose which school. Id. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 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. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 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. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 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." About Id. Log in to see their photos and videos. . Ga. May 28, 2010). No. Ga. 1991) (quoting Elec. Sales Partnership Solutions First published on July 23, 2015 / 12:59 PM. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 9, pp. 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. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. 13-14. 1, 8, 15. Litig., 30 F. Supp. (citing Curry v. Gonzales, No. in the Middle District" as well. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. Wai v. Rainbow Holdings, 315 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. 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. ABOUT 1, 7, 16, 18; Dkt. 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. Stephanie Slifer covers crime and justice for CBSNews.com. See Dkt. 13, p. 11. Rosen is a resident of New York and works as a journalist. Id. Thus, this factor does not support a venue transfer. 13, pp. Article states Kendrick rolled himself. . 2d at 1355 (citing Haworth, Inc., 821 F. Supp. at 1356 (citing State Street Capital Corp., 855 F. Supp. But the line of questioning was intense. 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. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." Corp. v. Fireman's Fund Ins. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. This dental device was sold to fix patients' jaws. See Dkt. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. 4-10. 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. 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. 1163, 1166 (S.D. 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. See Dkt. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Corp., 656 S.E. 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. 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. We can't thank you enough View by We're sorry. 1404(a). victoria beckham wedding; celebrity wedding photographer "The Court may not simply shift inconvenience from one party to the other." The suit also alleges local officials tried to cover up the crime. "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 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." 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