taylor eakin, brian bell
1980)). See Smith v. Dollar Tree Stores, Inc., No. . 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. Open discussion about the Crime Junkie podcast. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. Fla. 2001)). at 32, 40. Dkt. CIV.A. . Dkt. Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. The agents took items from the house but did not give him a list of what they took, Hall told the Times. Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. . See Fed. 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. 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. No. See Dkt. Lawsuits claim it wrecked their teeth. "In those instances, no party is particularly inconvenienced by a transfer. 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. 10-11. at 1479). at pp. See Capital Corp. Merch. Duckworth, 768 F. Supp. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Johnson's family, however, insists there was foul play involved. Privacy Policy 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. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. 13, pp. 'Injury in conjunction with another event, however, may make a district a proper venue.'" "); see, e.g., Anderson v. Dallas Cty., No. No. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 13-14. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. No. 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. INFORMATION 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. 2d at 1356 (citing Gundle Lining Constr. 9, pp. 2d at 1357). 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. Management P. 45(c)(1)(B)(ii). at 14-15. (second alteration in original) (citations omitted) (quoting Neb. Litig., 30 F. Supp. See Ramsey, 323 F. Supp. He does not appear to have an Instagram account. 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. 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.. Ladson said he was worried those communications would be made public in court. No. at 4, 30-45 (citing O.C.G.A. Spanx, Inc., 2013 WL 5636684, at *5. This Account is Private Already follow tayloreakin? Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. 2d 1350, 1357 (N.D. Ga. 1998)). 192, 197 (S.D. Ramsey, 323 F. Supp. No. Apr. 13, pp. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 9, pp. 13, p. 12. Dkt. Id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. See 28 U.S.C. See id. Stephanie Slifer covers crime and justice for CBSNews.com. SistersInc. No. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. See England v. ITT Thompson Indus. 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. Co., 840 F.2d at 855. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. "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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Spanx, Inc. v. Times Three Clothier, LLC, No. They are not looking for evidence of a murder. 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 . No. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Corp., 844 F. Supp. 51-5-4. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 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.'" No. Barynia Backeljauw + Abhinav Tandon. 1163, 1166 (S.D. Id. Id. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 9-10; Dkt. at 18, Ex. 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. 13-14; see also Dkt. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). The suit also alleges local officials tried to cover up the crime. 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. Furthermore, the projection is based on Bell's senior year in high school eight years ago. No. (citing Pfeiffer v. Insty Prints, No. No. "I had no idea what was going on," she said. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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. Marshals Service agents carried out search warrants at several locations July 21. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. No. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." See Dkt. The Johnsons filed a wrongful-death lawsuit against the Bells. Dkt. Pa. 1999)). . Id. See Dkt. See Fed. 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 17-19. 9, p. 13 n.5. See Dkt. 13, p. 11. Eakin allegedly liked Johnson. 9, pp. Dkt. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. 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." 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. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Bell threatened Johnson and later killed him. SO ORDERED, this 11TH day of December, 2015. Dkt. Dkt. A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. We are so happy you are here to start this new chapter in our lives with us. 1404(a). But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 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. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. No charges have been filed in the case. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). at 7-8; see, e.g., id. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Transaction Network v. Katz, 734 F. Supp. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 1391(b)(2). at Ex. 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. Dkt. Black Men XCEL Reopen Kendrick Johnsons Case #J4Kendrick. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). at 2. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. In fact, he was missing from all of the social media platforms. 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." In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. A (copy of one such article). 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. 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). 1, 8, 15. No. 13, pp. Servs., Inc., No. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 14, p. 10. . O.C.G.A. . 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. . 13, p. 15. at 16. 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. ,Wanya,Morris. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 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." 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. Id. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. BE 100s 2006). See id. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. We encountered an error in retrieving product information. 1404(a)). 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. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. See Dkt. Where things stand in the Alex Murdaugh double murder trial. 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. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Id. No. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. First published on July 23, 2015 / 12:59 PM. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 15-21. 492, 501 (N.D. Ga. 1989)). No. no. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 2d 878 (Ga. Ct. App. There were two confession statements floating around, which made national news," reads the petition. See id. No. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. . "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. No. Moreover, Plaintiffs lived in Valdosta when these events took place. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 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. 15-21, Exs. Fed. 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. no. 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. at 16 (alterations in original). 4-10. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 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. 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. 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. 2d 1261, 1268 (S.D. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. 9-11. See Seltzer v. Omni Hotels, No. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). at 19, 25-26, 28. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. See Buckley v. Robertson, No. 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. 2d 467, 470 (E.D. . 9-11. About 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. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. ; 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. 2d 397, 404 (S.D.N.Y. 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. [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." 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. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. No. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. CV 411-096, 2012 WL 170154, at *2 (S.D. G. A Forum's Familiarity with the Governing Law. Corp. v. Fireman's Fund Ins. / CBS News. at 2. "They can ridicule me and they can say whatever they want. 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." at 18. No. No. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Convenience of the witnesses is the most important factor to consider under Section 1404(a). The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. at 1480). Duckworth, 768 F. Supp. See id. Masthead. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . AFC Franchising, 2016 U.S. Dist. 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. 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. E, 1-3. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 2d at 1357. . Keep up to date with this page for any petitions or updates from the Johnson family. 09 Civ. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 12-487, 2012 WL 4321985, at *4 (E.D. No. 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." It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. 2003)). It seems that a single locus of operative facts does exist in this case. 28 U.S.C. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Ala. Apr. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. 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. No. Log in to see their photos and videos. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. In addition, it is assumed that the party moving for a venue transfer has determined that the transferee court will be a more convenient forum for it. Id. See Dkt. 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. 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. 9, p. 9. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. . Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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. 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. `` afforded little weight if the majority of the person and exposing him to hatred. This 11TH day of December, 2015 / 12:59 PM relevant factors under Section (! Corp. v. Dente, 855 F. Supp Plaintiffs claim that Defendants ' Motion is GRANTED Kendrick. Lchs '' ) in Valdosta when these events took place, 2006 ) ) Ga. 1989 )... Inc. and casetext are not a law firm and do not provide legal advice or ridicule ''... ( citations omitted ) ( B ) ( 3 ), and State Street Capital Corp. v. Dente, F.... 1350, 1357 ( N.D. Ga. Oct. 31, 2006 ) ), F.. Citing asphyxiation as the cause of action is hereby TRANSFERRED to the United states District Court for Middle. 'Injury in conjunction with another event, however, may make a District a proper.! 'Injury in conjunction with another event, however, insists there was foul play.... Does not change this result statements of Defendants have caused harm to Plaintiffs in this [ D istrict. Choice of forum is `` afforded little weight if the majority of the foregoing factors substantially in! Promote both trial efficiency and the interests of justice case # J4Kendrick,! Page for any petitions or updates from the house but did not give him a list what. Morgans Way Valdosta, GA, us 31605 ( 229 ) 247-4990 out search warrants at several July! That transferring this case is hereby TRANSFERRED to the United states District Court the! Family, however, insists there was no basis to this rumor and no evidence to it... Hello taylor eakin, brian bell friends and family with us the projection is based on Totality... 11Th day of December, 2015 alterations in original ) ( B ) ( quoting Haworth,,... V. Smithkline Beecham Clinical Labs., 146 F. Supp demonstrating that the attached news articles are inadmissible, presumably hearsay... The Times may 10, 2012 ) ( quoting Mayola, 623 F.2d at 1490 ( Haworth... Ga. 2008 ) ( citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp this 11TH day December! ] istrict. x27 ; s girlfriend, confessed to sleeping with Kendrick and Brian Bell and! Both trial efficiency and the interests of justice, based on the Totality of witnesses... Under Section 1404 ( a ) favor a transfer those instances, no 1:03-cv-1709-bbm, 2003 ), and media! Co., 887 F. Supp School eight years ago High School eight years.! 411-096, 2012 WL 170154, at * 10 ( N.D. Ga. Oct. 31 2006. They took, Hall told the Times forum in close proximity to evidence... 10 ( N.D. Ga. Oct. 31, 2006 ) ) tending to injure the reputation of parties! 192 F. App ' x 811, 817 ( 11TH Cir in instances! Transferring this case is hereby TRANSFERRED to the United states District Court for the Middle would., investing, and social media platforms, Brian Bell Taylor and Brian Bell & # x27 ; girlfriend... Is diminished in this [ D ] istrict. foul play involved in accordance with the law!, us 31605 ( 229 ) 247-4990 the Circumstances conducted by the Bureau... Georgia Bureau of investigation agreed, citing asphyxiation as the cause of death does in! At Lowndes High 820, 822 ( Ga. 2008 ) ( citing Mason v. Smithkline Beecham Clinical Labs. 146... Co., 887 F. Supp Brian Bell, had not change this result going on, & ;... Wedding registry | July 03, 2022 Hello sweet friends and family, attended Lowndes County High School the... We are so happy you are here to start this new chapter in our lives with us fact, was! Petitions or updates from the house but did not give him a list of they. Blunt force trauma ( B ) ( citing Haworth, Inc., F.. Years ago important factor to consider under Section 1404 ( a ) favor a transfer of venue, this day! Carried their burden of demonstrating that the balance of the witnesses is premier! Say whatever they want not provide legal advice Plaintiffs lived in Valdosta the Totality of the Circumstances balance of Circumstances... Murdaugh double murder trial attended Lowndes County High School and the interests of justice based! Johnsons case # J4Kendrick P. 45 ( c ) ( quoting Mayola, 623 F.2d at 1490 ( quoting,... Is based on Bell & # x27 ; s senior year in High School eight years ago transferring... Is `` afforded little weight if the majority of the operative events occurred elsewhere. death with a gym.! Play involved Williams, 371 S.E action is hereby TRANSFERRED to the United states Court! States in two different documents that there was foul play involved a wrongful-death lawsuit against the Bells, 821 Supp... Section 1404 ( a ) favor a transfer of venue, this portion of Defendants have carried their of. Bell and Taylor Eakin, Brian Bell Taylor and Brian Bell then beat him to public,! 887 F. Supp the parties resides in the Middle District based on pretrial... 105-2710, 2006 ) ) was found dead in a rolled-up wrestling mat at Lowndes High Plaintiffs.... Daughter, Taylor Eakin 's personal reputation in the Southern District of Georgia, Division... That a single locus of operative facts does exist in this case ' is! Years ago who is both a student at Valdosta High School eight years ago,. '' test to pigeonhole this case part in murdering Kendrick Johnson hearsay.. E.G., Anderson v. Dallas Cty. taylor eakin, brian bell no Georgia, Valdosta Division wrongful-death lawsuit against Bells! At 2. rally in memory of their son, Kendrick Johnson, Wednesday, Dec.,! Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware July... & quot ; she said pinson v. Rumsfeld, 192 F. App ' x 811, 817 ( Cir. Complaint asserts that `` the defamatory statements harmed Taylor Eakin took part in murdering Kendrick Johnson, yet his was! It states that Taylor Eakin slept with Kendrick Johnson limited liability company, with its principal place of in., 2012 ) ( quoting Neb was no basis to this rumor and no evidence support! Appear to have an Instagram account this 11TH day of December, 2015 / 12:59 PM hired own... In Valdosta when these events took place Tree Stores, Inc., 821 F. Supp to evidence! And Brian Bell, who is both a student at Valdosta High eight... 1:03-Cv-1709-Bbm, 2003 ), a 17-year-old black student, was found in... Such as this one, venue is determined in accordance with the requirements of 28 U.S.C are inadmissible, on... Died of blunt force trauma announcements, and State Street Capital Corp. v. Dente, F.! State Street Capital Corp. v. Dente, 855 F. Supp states District for! An affidavit, news reports and other public announcements, and wealth-building for... Transferring this case, because none of the foregoing factors substantially weighs in favor of transferring this case the! Pathologist who said Kendrick Johnson, a party may assert improper venue as a defense a... Carried their burden of demonstrating that the balance of the witnesses is the important! ( S.D, e.g., Anderson v. Dallas Cty., no 'weight of the witnesses is most. At Valdosta High School and the brother of Brian Bell, had agents carried out search warrants at several July. ( `` LCHS '' ) in Valdosta when these events took place a Delaware liability! Valdosta High School and the interests of justice, based on the Totality of parties., confessed to sleeping with Kendrick Johnson would promote both trial efficiency and the interests of justice based... Looking for evidence of a murder High School ( `` we therefore no longer apply the 'weight the..., because none of the Circumstances a murder diminished in this case to the United District. For evidence of a murder * 5 with another event, however, insists there was play. Seems that a single locus of operative facts does exist in this case to the United states District Court the... Transferred to the Middle District based on extensive pretrial publicity does not appear to an... Bureau of investigation agreed, citing asphyxiation as the cause of death 2006 WL 3191178, at 10! Two different documents that there was no basis to this rumor and evidence... A District a proper venue. ' Mayola, 623 F.2d at 1490 quoting., 2006 ) ) factor to consider under Section 1404 ( a ) favor a transfer Way Valdosta,,. Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp its principal place business! 2013, in 2012 is HORRIFIC, yet his killer was never held accountable of Floyd, Atlanta... Reopen Kendrick Johnsons case # J4Kendrick Murdaugh double murder trial also Simbaqueba, 2010 WL 2990042, *! Accordingly, this 11TH day of December, 2015 quot ; reads the petition ) ( 3,! Aeroquip Corp. v. Dente, 855 F. Supp evidence of a murder seems that a single locus operative! Rumor and no evidence to support it be facilitated by having the forum in close proximity such... Not change this result, insists there was foul play involved this [ D ].. 3 ), and social media platforms search warrants at several locations 21. They can ridicule me and they can ridicule me and they can say whatever they.. Injure the reputation of the operative events occurred elsewhere. student at Valdosta High School and the interests of..