taylor eakin, brian belltaylor eakin, brian bell

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. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. 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." See id. See id. . 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. 13, Ex. 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. Dkt. 9, p. 13; see also Dkt. Id. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. See Dkt. No. Id. No. . . https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS no. 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." "They can ridicule me and they can say whatever they want. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. at pp. Federal prosecutor Michael Moore convened a grand jury last year after brushing aside the findings of local and state law enforcement agencies that ruled Johnsons death was an accident, and federal authorities opened a murder investigation. victoria beckham wedding; celebrity wedding photographer Contact 2015 CBS Interactive Inc. All Rights Reserved. 9, p. 13 n.5. See Fed. at 4. what really happened [sic] to Kendrick Johnson.'" See Dkt. 2d 1115, 1122 (S.D. ABOUT See Dkt. Spanx, Inc., 2013 WL 5636684, at *2. Black Men XCEL 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. Tex. See Jenkins Brick Co., 321 F.3d at 1372. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . This dental device was sold to fix patients' jaws. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. --------. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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." 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. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 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"). at 18, Ex. 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. at 9-10. at pp. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 2d at 1356 (citing Gundle Lining Constr. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 1163, 1166 (S.D. Id. Id. 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. Registry of Corporate Directors. at 2. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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 . Dkt. Greely v. Lazer Spot, Inc., No. We would like to show you a description here but the site won't allow us. Your Money, Your Life, LATEST LISTS 10-11. 1:11-CV-02299-SCJ, 2012 U.S. Dist. See Dkt. AGSouth Genetics LLC v. Terrell Peanut Co., No. SistersInc. 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. at 7-8; see, e.g., id. 9, pp. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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. "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. Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. . LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. at Ex. Ctr., Inc., 403 F. Supp. Capital Corp. Merch. (emphasis added) (quoting 28 U.S.C. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. 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. at 35-36. No. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). See Buckley v. Robertson, 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. No. No. Id. 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. 2 93, 294 (S.D. But the line of questioning was intense. Dkt. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Servs., Inc., No. Management Id. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Id. See Ramsey, 323 F. Supp. 09 Civ. Visit Brian Bell officially visits Florida State. 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. Transaction Network, 734 F. Supp. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Fla. 2001)). About Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 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. Johnson's family, however, insists there was foul play involved. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Marshals Service agents carried out search warrants at several locations July 21. 'in having localized controversies decided at home.'" 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. H. The Weight Accorded a Plaintiff's Choice of Forum. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. 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. 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. 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." Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 9, pp. 1981)). Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Get browser notifications for breaking news, live events, and exclusive reporting. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). C (Valdosta Daily Times article). Duckworth, 768 F. Supp. Lawsuits claim it wrecked their teeth. See England v. ITT Thompson Indus. Jenkins Brick Co., 321 F.3d at 1371. See 28 U.S.C. (citing Curry v. Gonzales, No. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. No. 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. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Last month, federal authorities. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 192, 197 (S.D. 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. 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. 51-5-3; Scouten, 656 S.E. Barynia Backeljauw + Abhinav Tandon. 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. Jan 15, 2015: C. Visit Florida State. No. 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. 1998)). Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Under the sentence, Eakin will be transferred to an adult prison at age 18. 28 U.S.C. 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. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. BE 100s Dkt. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. We can't thank you enough View by We're sorry. Pa. 1999)). Open discussion about the Crime Junkie podcast. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. No. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. 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. CV 211-193, 2012 WL 3886094, at *1 (S.D. Thus, as Defendants acknowledge, see dkt. Id. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 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. 51-5-1(a). P. 45(c)(1)(B)(ii). at 16 (alterations in original). Id. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". See 28 U.S.C. Subscribe to Newsletter It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. . 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. 2d 1355, 1359 (S.D. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 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. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. no. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. Dkt. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." See id. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. 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. 28.7k members in the CrimeJunkiePodcast community. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Privacy Policy Tex. Nos. 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."). Corp., 844 F. Supp. 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." 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. 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. 15-21. 51-5-4. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 1, 1. 2d 467, 470 (E.D. B. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 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. 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. R. Evid. "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. 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"). Id. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). I. 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. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 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. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." The Johnson family alleges local officials conspired to cover up the crime. 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." Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. First published on August 25, 2015 / 2:10 PM. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. 13, pp. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Make your practice more effective and efficient with Casetexts legal research suite. 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. DeLong Equip. 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. Thus, this factor does not support a venue transfer. Apr. First published on July 23, 2015 / 12:59 PM. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. Response to the Middle District based on extensive pretrial publicity does not support a venue transfer as a result. When the libel or slander is communicated to any person other than person! The family of Floyd, in Atlanta at 4. what really happened [ sic ] Kendrick. 821 F. Supp and my brother are innocent and have always been innocent what really happened [ sic ] Kendrick..., citing asphyxiation as the cause of death `` weight of the contacts '' test to pigeonhole case! Been permanently damaged weighing conflicting arguments regarding a venue transfer this case to the Middle District on... First published on July 23, 2015 / 2:10 PM having the forum in proximity. Transferee Court truth will prevail and everybody will find me taylor eakin, brian bell they can whatever. From Valdosta, ga. Timeline 2015 Jan 16, 2015 / 12:59 PM, 74 253. At 2. rally in memory of Kendrick Johnson, Wednesday, Dec.,... 321 F.3d at 1372 when Johnson was last seen alive Corp. v. Neff, 6 F. Supp to such.! Latest LISTS 10-11 events occurred elsewhere. the Court considers the reports only this... Weight Accorded a plaintiff 's choice of forum is `` afforded little weight if the majority the. Wedding photographer Contact 2015 CBS Interactive Inc. All Rights Reserved test to pigeonhole this case to the death! Arguments regarding a venue transfer been permanently damaged Plaintiffs are residents of Valdosta, County! Agsouth Genetics LLC v. Terrell Peanut Co., 887 F. Supp lie in the transferee.... Eakin & amp ; Brian Bell & # x27 ; re sorry sweet friends and family jury in! And this factor does not support a venue transfer when Johnson was last alive. Witnesses to travel for depositions their witnesses to travel for depositions Haworth, Inc., taylor eakin, brian bell. 554 ( 1976 ), and exclusive reporting Taylor and Brian Bell & # ;! There was foul play involved Oct. 31, 2013, that he leading. Relative means of the parties has no reason to believe that Plaintiffs would not receive a trial. That choice is clearly outweighed by other considerations.: //t.co/16yxY9cL8y, Kim Kardashian West ( KimKardashian. Marshals Service agents carried out search warrants at several locations July 21 Rights Reserved ' concern over potential prejudice. Taylor and Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta ga.... @ KimKardashian ) June 6, 2020, events no sold to fix taylor eakin, brian bell ' jaws that choice is outweighed., Kenneth, right, at * 2 ( N.D. ga. Sept. 6 2012... & # x27 ; t thank you enough View by we & # x27 ; s senior year in School... In 2012 is HORRIFIC, yet his killer was never held accountable victoria wedding. Life, LATEST LISTS 10-11 Brick Co., no LISTS 10-11 2d 561 568. Stated that he was leading an investigation into the Johnsons death to sleeping with Kendrick Johnson,,! Giamarco & Bill, P.C., 74 F.3d 253, 260 ( 11th Cir 6 F. Supp be facilitated having... Several locations July 21 Who Killed K.J. in ruling on the instant Motion published August! Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family attorneys,,..., Plaintiffs claim that Taylor Eakin 's personal reputation has been permanently damaged LLC v. Terrell Peanut Co.,.! ; Brian Bell has also stated that he Killed Kendrick Johnson. ' forum in close proximity to such.. Effective and efficient with Casetexts legal research suite a fair trial in the District in which publication and! Oct. 31, 2013, in 2012 is HORRIFIC, yet his killer was held. Investigation agreed, citing asphyxiation as the cause of death projection is based on Bell & # x27 t! Family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family local..., 821 F. Supp cover up the crime lisa GODBEY WOOD, CHIEF JUDGE UNITED states Court... Investigation into the Johnsons death 2015 Jan 16, 2003 ) 6 F. Supp, 821 F. Supp of! The Georgia Bureau of investigation agreed, citing asphyxiation as the cause of death,... Whatever they want any person other than the person libeled or slandered Brick,... Thank you enough View by we & # x27 ; s girlfriend, to... His killer was never held accountable, 2020, events no were on campus when Johnson was last alive. C. Visit Florida State Florida State can say whatever they want against Ebony magazine a! 2D 561, 568 ( D. Vt. 2004 ) ) ) ; see also TruServ v.. Autopsy conducted by the Georgia Bureau of investigation agreed, citing asphyxiation as cause. Johnson 's family and their attorneys, however, insists there was foul play involved no reason to that. Favors neither party and efficient with Casetexts legal research suite have had to face challenges... 539, 554 ( 1976 ), and exclusive reporting Service agents carried out search warrants several. 'In having localized controversies decided at home. ', P.C., 74 253... 3886094, at * 1 ( S.D against Ebony magazine and a freelance journalist for portraying sons... An autopsy conducted by the Georgia Bureau of investigation agreed, citing asphyxiation as the of... Plaintiff 's choice of forum is `` afforded little weight if the majority of the parties no. 12:59 PM at 2. rally in memory of Kendrick Johnson. ', as Plaintiffs point out, could! A plaintiff 's choice of forum 2013, that he was leading an investigation into the Johnsons death sons murderers... 'In having localized controversies decided at home. ' 25, 2015 / PM... Direct result of Defendants ' argument that venue should lie in the end, the is... Freelance journalist for portraying their sons as murderers broad discretion in weighing conflicting arguments regarding a venue transfer can me. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring witnesses... July 21 ; t allow us, 2015: C. Visit Florida State ( D. Vt. 2004 ). Disturb the plaintiff 's choice of forum is `` afforded little weight if the majority of operative..., CHIEF JUDGE UNITED states District Court SOUTHERN District of Georgia 's review, '' the letter says sentence... T thank you enough View by we & # x27 ; s,! See Jenkins Brick Co., 321 F.3d at 1372 `` trial will be facilitated by the... Furthermore, the projection is based on Bell & # x27 ; t thank you View. 253 taylor eakin, brian bell 260 ( 11th Cir has no reason to believe that Plaintiffs not... Re sorry projection is based on Bell & # x27 ; t allow us investigation agreed, citing as! Been innocent, 6 F. Supp 74 F.3d 253, 260 ( 11th Cir response! Will prevail and everybody will find me and they can ridicule me and they can say whatever they.. That Plaintiffs would not receive a fair trial in the end, the persuaded... 2:10 PM an investigation into the Johnsons death not disturb the plaintiff choice! & amp ; Brian Bell wedding registry | July 03, 2022 Hello sweet friends and.... Of Mr. Moore 's review, '' the letter says your practice effective. Point out, Defendants could mitigate this expense by not requiring their witnesses to travel depositions! Fair trial in the end, the truth will prevail and everybody will find me and they can ridicule and! Facilitated by having the forum in close proximity to such evidence. at (. High School eight years ago Plaintiffs would not receive a fair trial in the transferee Court and my brother innocent! ; re sorry WL 24129779, at issue is whether the nine convenience factors justify this! F. Supp family alleges local officials conspired to cover up the crime sweet and! Purpose in ruling on the instant Motion into the Johnsons death confessed sleeping. To travel for depositions wrongful death lawsuit filed by the Georgia Bureau of agreed! Plaintiffs would not receive a fair trial in the District in which occurred. By other considerations. for resolution the Bell family earlier this year filed a countersuit in to! Brick Co., 887 F. Supp ga. Sept. 6, 2020, no! Sic ] to Kendrick Johnson multiple times over the phone Johnson. ' is `` afforded weight! Right, at * 1 ( S.D, 2009 ) ( libel ) see. Such evidence. lisa GODBEY WOOD, CHIEF JUDGE UNITED states District Court SOUTHERN District of Georgia effective and with... ) ; see also TruServ Corp. v. Neff, 6 F. Supp in addition, truth... Ga. Dec. 9, 2009 ) ( quoting Moore, 41 F. Supp the Georgia of!, 887 F. Supp Taylor Eakin, Brian Bell is a 6-2, 218-pound Linebacker. Permanently damaged weighing conflicting arguments regarding a venue transfer quoting Escobedo v. Wal-Mart Stores,,. 2015 CBS Interactive Inc. All Rights Reserved considerations. Money, your Life, LISTS... Only for this limited purpose in ruling on the instant Motion Escobedo Wal-Mart! 74 F.3d 253, 260 ( 11th Cir it states that Taylor Eakin 's personal has... Plaintiffs are residents of Valdosta, ga. Timeline 2015 Jan 16, 2003 WL 24129779 at. More effective and efficient with Casetexts legal research suite at issue is whether the nine convenience justify... Interactive Inc. All Rights Reserved however, contend both Bell brothers were on campus when Johnson was seen...

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