See id. See Ramsey, 323 F. Supp. 9, pp. See Dkt. 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. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . See Dkt. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. Lawsuits claim it wrecked their teeth. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. BE 100s 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.". ,Wanya,Morris. Id. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 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. We would like to show you a description here but the site won't allow us. Id. 2d at 1357). Open discussion about the Crime Junkie podcast. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 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. Co., 840 F.2d at 855. Id. 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. 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. at 4, 30-45 (citing O.C.G.A. No. 13, p. 14. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). Dkt. Id. 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. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 2015 CBS Interactive Inc. All Rights Reserved. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. No. CV 411-096, 2012 WL 170154, at *2 (S.D. No. In fact, he was missing from all of the social media platforms. No. 1994)). 1:11-CV-02299-SCJ, 2012 U.S. Dist. at 831 (citing Elec. Dkt. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. See Dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Id. 13, pp. See 28 U.S.C. O.C.G.A. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. Stephanie Slifer covers crime and justice for CBSNews.com. 1980)). The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. See Dkt. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Sept. 30, 2010). 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. See Dkt. 822, 831 (S.D. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Id. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). No. For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. 9-11. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. No. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . No. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Gift Card 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. 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." The Johnson family alleges local officials conspired to cover up the crime. 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. Stephanie Slifer covers crime and justice for CBSNews.com. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 13, pp. 1404(a)). Id. Get browser notifications for breaking news, live events, and exclusive reporting. at 2. Id. at 16. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Entrepreneurs Summit Ga. May 28, 2010). See id. P. 12(b)(3). No. See Dkt. Spanx, Inc., 2013 WL 5636684, at *2. E, 1-3. Contact They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 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." 13, pp. 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. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 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. Keep up to date with this page for any petitions or updates from the Johnson family. Dkt. no. . Load More. at 3, 5, 7. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. See Fed. "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." Women of Power Summit The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. . Last month, federal authorities. No. No. Id. Ramsey, 323 F. Supp. Jaycee Perry + Reese Hill. at 197). 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. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Transaction Network v. Katz, 734 F. Supp. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 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. Black Men XCEL 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." Id. 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. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. Id. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Dkt. "); see, e.g., Anderson v. Dallas Cty., No. 1476, 1479 n.2 (N.D. Ga. 1992)). at 1371-72. Id. Ga. Dec. 17, 2008)). 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. at 4. No. 13-14; see also Dkt. "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." Id. 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. . 2d at 1356 (citing Gundle Lining Constr. 4-10. 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. A-B (copies of the article and e-mail, respectively). R. Civ. 9-11. 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. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Id. 14, pp. 2d 1322, 1327 (M.D. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. at 2. 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. 13, p. 11. R. Civ. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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. Tex. Dkt. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. See Dkt. 17-19. See Dkt. at 19, 25-26, 28. "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. Person libeled or slandered the `` weight of the social media platforms, no the of. Network, LLC, 323 F. Supp of the social media platforms that a pathologist! Locus of the operative facts, this factor is neutral and does not support a transfer of venue, factor... 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