Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Pa. June 26, 2000))). no. Tex. 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. 28 U.S.C. 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. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." See id. No. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. He does not appear to have an Instagram account. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 1391(b)(2)); cf. 9, pp. See Dkt. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 1391(b)(2) (emphasis added). Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 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. Id. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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 Dkt. . 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." See Dkt. No. Get browser notifications for breaking news, live events, and exclusive reporting. However, he is enrolled at a school and hopes to play this fall. . Bell threatened Johnson and later killed him. Spanx, Inc. v. Times Three Clothier, LLC, No. at 4, 30-45 (citing O.C.G.A. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. at pp. 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. at 9-10. 28.7k members in the CrimeJunkiePodcast community. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. No. 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." Dkt. 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. 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. 9, p. 13 n.5. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. The agents took items from the house but did not give him a list of what they took, Hall told the Times. H. The Weight Accorded a Plaintiff's Choice of Forum. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 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. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Id. Thus, this factor does not support a venue transfer. C (Valdosta Daily Times article). Id. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." in the Middle District" as well. 9, pp. Duckworth, 768 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. Dkt. Tex. at 9-10, 16. at Ex. 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. 1391(b) (1976) (amended 1990)). 2d 1115, 1122 (S.D. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 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 . 10-17 (alterations in original) (quoting 28 U.S.C. Where things stand in the Alex Murdaugh double murder trial. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Co., 844 F. Supp. See id. . Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 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. Morgan v. N. MS Med. Reopen Kendrick Johnsons Case #J4Kendrick. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. 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. No. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Subscribe to Newsletter Ramsey, 323 F. Supp. 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. 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. E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . No. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." Both brothers confessed numerous times to the murder. 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. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Convenience of the witnesses is the most important factor to consider under Section 1404(a). In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. No. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 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." 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. . 51-5-1, -4(a)(1)(2)). Johnson's family, however, insists there was foul play involved. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 15-16, this factor is neutral and does not weigh in either party's favor. . Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. 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. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 1, 7, 16, 18; Dkt. See Dkt. 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. ABOUT See Dkt. 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." 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. No. of Georgia." Now, it seems government agents may be investigating the Johnsons' allegations. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. No. Masthead. 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. "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. See Capital Corp. Merch. 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." Plaintiffs allege that the details in the KJ articles, as well as the public reports of the Lowndes County Sheriff's Office interviews, were sufficient to reveal their daughter's identity. 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. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 1404(a). Under the sentence, Eakin will be transferred to an adult prison at age 18. 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 14, pp. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. 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. DeLong Equip. 13, pp. Id. 2d 1261, 1268 (S.D. 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. 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." 1163, 1166 (S.D. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 9, p. 9. 13, p. 14. Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. No. 9, p. 2 n.2. 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. Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Id. 1, 1. 15-21. No. Rosen is a resident of New York and works as a journalist. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 2d 1350, 1357 (N.D. Ga. 1998)). Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Dkt. Dkt. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. at 197). No. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. 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. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 'in having localized controversies decided at home.'" They are not looking for evidence of a murder. at 831 (citing Elec. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 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." Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. at 35-36. Id. Id. / CBS News. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. No. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. at 18-20, 29, 38. at 7, 16, Exs. No. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Bell threatened Johnson and later killed him. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. ,Wanya,Morris. No. 2d at 1357. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. This principle applies only where "prejudicial pretrial publicity . District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. No. 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. . 9, p. 13; see also Dkt. at 5-7. No. Copyright 2023 CBS Interactive Inc. All rights reserved. 1, 1. 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. at 1356-57 (citing McNair, 279 F. Supp. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. No. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. No. 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. We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. Dkt. . 1998)). Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. 9-11. See Seltzer v. Omni Hotels, No. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Greely v. Lazer Spot, Inc., No. Id. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. . Ga. 1991) (quoting Elec. Lawsuits claim it wrecked their teeth. 10-11. 2015 CBS Interactive Inc. All Rights Reserved. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 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. 51-5-1(a). 09 Civ. U.S. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 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. P. 45(c)(1)(B)(ii). Servs., Inc., No. Spanx, Inc., 2013 WL 5636684, at *5. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. . 2d 878 (Ga. Ct. App. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 9, pp. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. at 16 (alterations in original). Dkt. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 1, 5-6, 30. . 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. 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. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Privacy Policy Id. at 16. No charges have been filed in the case. 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. See Fed. Pa. 1999)). See id. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. No. 99-5581, 2000 WL 822449, at *6 (E.D. 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. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Id. See O.C.G.A. 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. Open discussion about the Crime Junkie podcast. See Jenkins Brick Co., 321 F.3d at 1371. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 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. 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. Transaction Network v. Katz, 734 F. Supp. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED.
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