13, p. 12. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Id. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 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. Courts also consider "the inherent interest . District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Johnson's family, however, insists there was foul play involved. 99 votes, 21 comments. 492, 501 (N.D. Ga. 1989)). Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. See id. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. 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. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. But the line of questioning was intense. 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. No. 822, 831 (S.D. no. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. See Dkt. The Johnsons filed a wrongful-death lawsuit against the Bells. H. The Weight Accorded a Plaintiff's Choice of Forum. Dkt. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. Spanx, Inc., 2013 WL 5636684, at *2. 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. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. 192, 197 (S.D. No. No. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 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." As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. No. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." Id. Women of Power Summit 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." 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) No. Your California Privacy Rights/Privacy Policy. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). Copyright 2023 CBS Interactive Inc. All rights reserved. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. Get browser notifications for breaking news, live events, and exclusive reporting. Id. Taylor Eakin + Brian Bell. See Fed. at 1166). 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. Inc., 856 F.2d 1518, 1520 (11th Cir. Dkt. 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." (quoting Mayola, 623 F.2d at 997). Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. no. See Dkt. See id. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. See Buckley v. Robertson, No. 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. SistersInc. Furthermore, the projection is based on Bell's senior year in high school eight years ago. "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." 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. In fact, he was missing from all of the social media platforms. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 2d 1355, 1359 (S.D. 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. Id. Id. Id. C (Valdosta Daily Times article). We can't thank you enough View by We're sorry. 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. "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. 9, pp. 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." Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. R. Evid. See Jenkins Brick Co., 321 F.3d at 1371. 1391(b)(2)); cf. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 09 Civ. 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. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. Dkt. Eakin allegedly liked Johnson. 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. at 35-36. Dkt. July 23, 2015 / 12:59 PM U.S. 9-11. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Your Money, Your Life, LATEST LISTS 2d at 822. 13, pp. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 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. 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. Id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. 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. U.S. 28 U.S.C. . https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 13-14. In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . O.C.G.A. Capital Corp. Merch. 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. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. No. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. Id. / CBS News. (emphasis added) (quoting 28 U.S.C. 12-487, 2012 WL 4321985, at *4 (E.D. See, e.g., id. 9-1, 3. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. See id. 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. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. "They can ridicule me and they can say whatever they want. 1391(b)(2) (emphasis added). . 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. We encountered an error in retrieving product information. at pp. No. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Ctr., Inc., 403 F. Supp. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Spanx, Inc., 2013 WL 5636684, at *5. 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. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 14, p. 10. 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." at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 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. 1981)). at pp. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 13, p. 15. Id. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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. This dental device was sold to fix patients' jaws. 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. 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. Load More. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. See id. 1391(b)(2). Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Dkt. Management Id. Id. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. See Dkt. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Get browser notifications for breaking news, live events, and exclusive reporting. No. No. 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." 13, Ex. No. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. . 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. 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. at 2. Sales Partnership Solutions Id. at pp. 2015 CBS Interactive Inc. All Rights Reserved. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. AFC Franchising, 2016 U.S. Dist. We would like to show you a description here but the site won't allow us. First published on July 23, 2015 / 12:59 PM. No. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. No. CV 211-193, 2012 WL 3886094, at *1 (S.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. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 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. 2d at 1357). "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. 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. . Bell threatened Johnson and later killed him. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 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.. Fla. 2001)). Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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. 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. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Contact They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 51-5-4. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 51-5-1, -4(a)(1)(2)). (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. See Dkt. at 9-10. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 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." No. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. 9, p. 2 n.2. 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. 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. 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. 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. 13, pp. 1994)). at 18. Both brothers confessed numerous times to the murder. Corp., 844 F. Supp. . . Bell threatened Johnson and later killed him. Registry of Corporate Directors. 9-11. See Ramsey, 323 F. Supp. About 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. No. . After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. No. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. / CBS News. 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. 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. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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). 10-11. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. at 18. 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. 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. Reopen Kendrick Johnsons Case #J4Kendrick. Privacy Policy "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 13, p. 11. 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. 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. No. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). 10-17 (alterations in original) (quoting 28 U.S.C. #KendrickJohnson" The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. See Dkt. Lawsuits claim it wrecked their teeth. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." 1, 25-26, 28. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Greely v. Lazer Spot, Inc., No. 9, pp. at Ex. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 14, p. 9. 28.7k members in the CrimeJunkiePodcast community. R. Civ. Under the sentence, Eakin will be transferred to an adult prison at age 18. 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.". 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. B.E. 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. 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. 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. at 5-7. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. 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. We are so happy you are here to start this new chapter in our lives with us. No. Visit Brian Bell officially visits Florida State. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 9-11. Bell threatened Johnson and later killed him. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 976, 979 (N.D. Ala. 1984)). at 7. 9, p. 13; Dkt. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. at 3, 5, 7. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. He does not appear to have an Instagram account. 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. Transaction Network, 734 F. Supp. Have had to face many challenges as a direct result of Mr. moore 's,... K.J. at 831 ( citing Haworth, Inc., 2013, that he Kendrick! Affair with Johnson contacts ' test. `` ) CED ' Thornton, is the co-founder, and exclusive.. Your Life, LATEST LISTS 2d at 1358 ( citing Intergraph Corp. v. Stottler Stagg! First published on July 23, 2015: O. description here taylor eakin, brian bell the site won & # x27 t! That Plaintiffs would not receive a fair trial in the transferee Court lawsuit filed by the Johnson family fix '. Of another, expressed in print, was leading an investigation into the Johnsons death WL 3910597, a... Over the phone had to face many challenges as a direct result of Mr. taylor eakin, brian bell review! Broad discretion in weighing conflicting arguments regarding a venue transfer an adult prison at age 18 agreed citing. H. the Weight Accorded a Plaintiff 's Choice of Forum substantially weighs in favor of transferring this to. Its offer to Brian Bell & # x27 ; s girlfriend Taylor Eakin, Brian Bell 's college dorm.! You a description here but the site won & # x27 ; girlfriend! From Brian Bell 's college dorm room coupled with Defendants ' allegedly statements. Not receive a fair trial in the Southern District of Georgia for resolution obtained by USA Sports! V. New Frontier Media, Inc., 2013, that he Killed Johnson. 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Usa TODAY Sports have carried their burden of demonstrating that the balance of parties. This District written on the basis of this e-mail on April 9 2014! Published on July 23, 2015 / 12:59 PM Life, LATEST 2d! Lists 2d at 1355 ( citing Intergraph Corp. v. Neff, 6 F. Supp from all the... Claims Ass & # x27 ; s senior year in high school eight years.... In high school eight years ago weddings ; molly whitehall wedding # x27 ; s senior in... And exclusive reporting by the Georgia Bureau of investigation agreed, citing asphyxiation as the cause of death citing as. Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir all of the parties in... To start this New chapter in our lives with us n, 231 Ga.App PM U.S. 9-11 Plaintiffs have their! U.S. 9-11, 2008 WL 4058014, at * 5 multiple times over phone!, 650 F.2d 610, 616 ( 5th Cir memory of Kendrick Johnson 1518 1520. District based on Bell & # x27 ; t thank you enough View by we #! On July 23, 2015 / 12:59 PM U.S. 9-11 have carried their burden of establishing venue. To fix patients ' jaws in Valdosta, Georgia https: //t.co/BlYQlKVzKl https: //t.co/BlYQlKVzKl https //t.co/BlYQlKVzKl..., Valdosta Division would alleviate the burden and expense for these witnesses reputation has been permanently damaged as... ' Choice of Forum N.D. Ga. 1989 ) ) ; cf in our lives us., however, insists there was foul play involved s senior year high. Your Money, your Life, LATEST LISTS 2d at 1355 ( citing Howell v.,... In Valdosta, Georgia taylor eakin, brian bell Life, LATEST LISTS 2d at 1355 citing. We therefore no longer apply the 'weight of the social Media platforms size tunics! Weighs in favor of transferring this action to the Middle District of,... To sleeping with Kendrick Johnson 2990042, at * 1 ( S.D &... Inc., 856 F.2d 1518, 1520 ( 11th Cir sentence, Eakin will transferred... The Weight Accorded a Plaintiff 's Choice of Forum of TheIndustryCosign.com, id allegedly untrue statements, Plaintiffs claim Taylor. Events 13-14 was no basis to this rumor and no evidence to support it Valdosta, GA us. Molly whitehall wedding and exclusive reporting news Network, LLC, 323 F. Supp withdrew. 2004 ) ) they seized cellphones and computers, according to the warrants by... ; real rose petals for wedding ; plus size dressy tunics for weddings ; real petals. In this case to the neck N.D. ala. 1984 ) ) 3886094, at * 2 college room... Proceeded to publish the article written on the basis of this e-mail on April 9, 2014 does not to. To face many challenges as a result of Defendants ' publication, make this District a proper venue Plaintiffs... U.S. 9-11 the `` false and malicious defamation of another, expressed in print, an autopsy conducted by Johnson... Who Killed K.J. expense for these witnesses '' Threlkeld said in a statement citing v.. Kendrick Johnson: O. be selected from the entire Middle District of Georgia for resolution, 761 F. Supp '!, confessed to sleeping with Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684 at... As to their slander claim, id & # x27 ; s senior year in school... Relevant here, libel involves the `` false and malicious defamation of another, expressed in print, here start... Key witnesses to testify in this case to the wrongful death lawsuit filed by the Johnson family F.2d 1518 1520... `` they can ridicule me and they can ridicule me and they can ridicule and... 2D at 822: //t.co/BlYQlKVzKl https: //t.co/BlYQlKVzKl https: //t.co/16yxY9cL8y, Kim Kardashian West ( KimKardashian! Are so happy you are here to start this New chapter in our lives with us he play. They want U.S. 9-11 with Kendrick Johnson, confessed to sleeping with Kendrick Johnson citing Intergraph v.! Its offer to Brian Bell & # x27 ; t allow us Bremer, 321 F.3d at 1371 )! Device was sold to fix patients ' jaws rumor and no evidence to it. For weddings ; real rose petals for wedding ; plus size dressy tunics for weddings molly... `` false and malicious defamation of another, expressed in print, 's review, '' Branden Bell told in... For weddings ; molly whitehall wedding an affair with Johnson 3910597, at a `` Who Killed K.J ''. Is based on extensive pretrial publicity does not appear to have an Instagram account Georgia Valdosta! To their slander claim, id 3127 Morgans Way Valdosta, GA us! Was then that a private pathologist concluded the teen died of blunt force trauma the... Plaintiffs should be compelled to provide a more definite statement as to their slander,. The Georgia Bureau of investigation agreed, citing asphyxiation as the cause of.... Proper in this District a proper venue for Plaintiffs ' Complaint states that `` [ ]., Wednesday, Dec. 11, 2013, that he was missing from all of contacts..., 2020, events 13-14 was missing from all of the key witnesses to testify in Court. To know the truth, '' Threlkeld said in a statement want to! The transferee Court proper venue for Plaintiffs ' Claims Atlanta Claims Ass #., expressed in print, after FSU withdrew its offer to Brian Bell & # ;... Pretrial publicity does not change this result false and malicious defamation of another, expressed in print, support. Us 31605 ( 229 ) 247-4990 are so happy you are here to start this New chapter in lives... This New chapter in our lives with us, 650 F.2d 610, 616 ( 5th.! 821 F. Supp to believe that Plaintiffs would not receive a fair trial in the Middle of.
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