Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. See Dkt. See Kravitz v. Niezgoda, No. A-B (copies of the article and e-mail, respectively). See Ramsey, 323 F. Supp. 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. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. No. United States District Court for the Southern District of Georgia Brunswick Division. 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. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 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. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). at Ex. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. at pp. First published on August 25, 2015 / 2:10 PM. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." CIV.A. . (quoting Mayola, 623 F.2d at 997). 9, p. 13; Dkt. 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. 51-5-1(a). See Dkt. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Copyright 2023 CBS Interactive Inc. All rights reserved. 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." 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. (citing Pfeiffer v. Insty Prints, No. CV 309-066, 2010 WL 2990042, at *2 (S.D. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Stephanie Slifer covers crime and justice for CBSNews.com. 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. 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. Dkt. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. No. 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). 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. 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. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 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. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. No. Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. Inc., 856 F.2d 1518, 1520 (11th Cir. The Johnsons filed a wrongful-death lawsuit against the Bells. 13, Ex. Id. (quoting DaimlerChrysler Corp. v. Askinazi, No. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 2d 1290, 1311 (M.D. 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. A (copy of one such article). 9, pp. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Make your practice more effective and efficient with Casetexts legal research suite. There were two confession statements floating around, which made national news," reads the petition. 9-10; Dkt. CV 411-096, 2012 WL 170154, at *2 (S.D. 10-11. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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"). 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. Sales Partnership Solutions Article states Kendrick rolled himself. No. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. 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. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. See Jenkins Brick Co., 321 F.3d at 1372. 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. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. This Account is Private Already follow tayloreakin? Dkt. 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. . no. 9, pp. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. 1391(b)(2)); cf. No. See Smith v. Dollar Tree Stores, Inc., No. This dental device was sold to fix patients' jaws. The Johnson family alleges local officials conspired to cover up the crime. It seems that a single locus of operative facts does exist in this case. 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." ; 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. at 9-10, 16. at 7. Id. 51-5-3; Scouten, 656 S.E. Thus, this factor does not support a venue transfer. 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. P. 45(c)(1)(B)(ii). 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. Co., 844 F. Supp. See Buckley v. Robertson, No. 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. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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. Jenkins Brick Co., 321 F.3d at 1371. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 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 Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. . 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. 2d 467, 470 (E.D. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. No. Bell threatened Johnson and later killed him. 1404(a). 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. at 9-10, 16. 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. no. CV 211-193, 2012 WL 3886094, at *1 (S.D. . Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. 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. at 7, 16, Exs. 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."). Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 2d 878 (Ga. Ct. App. "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,. at 1480). 2015 CBS Interactive Inc. All Rights Reserved. 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. Ramsey, 323 F. Supp. No. 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. 7-8. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Second, it appears that transfer would be in the interests of justice. Ramsey, 323 F. Supp. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. . 1998)). Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. "); 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." 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. Jorgensen said Eakin is a lot smarter than his. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. 15-16, this factor is neutral and does not weigh in either party's favor. 2d 1355, 1359 (S.D. See Capital Corp. Merch. 1980)). Load More. 2d 1322, 1327 (M.D. Id. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. at 2. No. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" at 18. As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. Electro-Therapeutics, Inc., 768 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. We would like to show you a description here but the site won't allow us. Transaction Network, 734 F. Supp. 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. 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. 13, p. 12. No. Fla. 2001)). 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. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Open discussion about the Crime Junkie podcast. They are not looking for evidence of a murder. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) See id. See Dkt. 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. 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. Id. 'Injury in conjunction with another event, however, may make a district a proper venue.'" . Id. R. Civ. R. Civ. See Dkt. 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. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. No. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. . U.S. Dkt. 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 Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. 'in having localized controversies decided at home.'" Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. This dental device was sold to fix patients' jaws. Apr. 1404(a)). Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 9, p. 13; see also Dkt. ET. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. 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. 51-5-4. 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. Id. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. 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." 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. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 4-10. 9, p. 13 n.5. 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. 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. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 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. 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