2003)). so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Stephanie Slifer covers crime and justice for CBSNews.com. 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. Last month, federal authorities. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Ga. Dec. 17, 2008)). As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. This dental device was sold to fix patients' jaws. 9, p. 13; see also Dkt. 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. Nos. See England v. ITT Thompson Indus. 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). in the Middle District" as well. 1391(b)(2). Other sources of proof may include "the possibility of a jury view [of relevant premises]." The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. No. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 1, 7, 16, 18; Dkt. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. 14, p. 10. No. See Dkt. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. 2d 1261, 1268 (S.D. See id. 13, pp. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. The family would not disclose which school. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. See Dkt. 9, pp. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. See Dkt. 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. We are so happy you are here to start this new chapter in our lives with us. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. R. Civ. Transaction Network v. Katz, 734 F. Supp. 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 . 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." 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". 2 93, 294 (S.D. 9, p. 15. 1, 1. Co., 844 F. Supp. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). See 28 U.S.C. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 13, pp. 1, 8, 15. Your Money, Your Life, LATEST LISTS Both brothers confessed numerous times to the murder. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 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. 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. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 99-5581, 2000 WL 822449, at *6 (E.D. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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. 2015 CBS Interactive Inc. All Rights Reserved. Sept. 30, 2010). P. 45(c)(1)(B)(ii). (second alteration in original) (citations omitted) (quoting Neb. 9, pp. No. We would like to show you a description here but the site won't allow us. Duckworth v. Med. 10-11. 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. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." . The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. 492, 501 (N.D. Ga. 1989)). See Kravitz v. Niezgoda, No. 13-14; see also Dkt. 13, pp. 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." First published on July 23, 2015 / 12:59 PM. 15-21, Exs. 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. U.S. See id. Copyright 2023 CBS Interactive Inc. All rights reserved. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. This Account is Private Already follow tayloreakin? . CV 309-066, 2010 WL 2990042, at *2 (S.D. 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. "I had no idea what was going on," she said. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 51-5-1(a). Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . No. Bell threatened Johnson and later killed him. O.C.G.A. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. See Dkt. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 1, 5-6, 30. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 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." Id. 7-8. . Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. 12-487, 2012 WL 4321985, at *4 (E.D. 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. See Dkt. at 35-36. See id. 28.7k members in the CrimeJunkiePodcast community. No. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. . However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Ramsey, 323 F. Supp. "In those instances, no party is particularly inconvenienced by a transfer. at 32, 40. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Contact at 2. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). 4-10. Id. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. B.E. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 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." 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. See Fed. Gift Card Moreover, Plaintiffs lived in Valdosta when these events took place. 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. 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. 51-5-3; Scouten, 656 S.E. AGSouth Genetics LLC v. Terrell Peanut Co., No. No. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Id. 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." Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 1391(b)(2)); cf. They insist he was killed by a small group of. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." #KendrickJohnson" Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. 1476, 1479 n.2 (N.D. Ga. 1992)). 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. July 23, 2015 / 12:59 PM 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. 2d 1350, 1357 (N.D. Ga. 1998)). Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. at 9-10, 16. See Dkt. See O.C.G.A. See Pergo, Inc. v. Shaw Indus., Inc., No. 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.. "); see, e.g., Anderson v. Dallas Cty., No. See Dkt. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Is that it?. His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. "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. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 13, p. 12. Id. 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. Id. DeLong Equip. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. See, e.g., id. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . See Dkt. 9, pp. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." 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. 1, 32, 40; Dkt. in which the claim arose." As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Id. Ga. 1991) (quoting Elec. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. 10-17 (alterations in original) (quoting 28 U.S.C. Dkt. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. McRae v. Perry, No. Your California Privacy Rights/Privacy Policy. Corp., 844 F. Supp. Dkt. at 14-15. Entrepreneurs Summit See Jenkins Brick Co., 321 F.3d at 1372. 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. Id. Privacy Policy Id. Simbaqueba v. U.S. Dep't of Def., No. Taylor Eakin + Brian Bell. Id. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. No. 13, p. 13. Get browser notifications for breaking news, live events, and exclusive reporting. 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. 9-11. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS No. Dkt. Corp. v. Fireman's Fund Ins. 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. Id. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 13, p. 15. (emphasis added) (quoting 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. 1, 6. Jan 15, 2015: C. Visit Florida State. Barynia Backeljauw + Abhinav Tandon. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). "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,. Id. 13, pp. Second, it appears that transfer would be in the interests of justice. It seems that a single locus of operative facts does exist in this case. See Buckley v. Robertson, No. --------. 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."). 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. 13, pp. In fact, he was missing from all of the social media platforms. 14, pp. 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. 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. 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. Id. 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." VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. 9, pp. Bell threatened Johnson and later killed him. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 9, p. 2 n.2. 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. "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. 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. 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. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. See Dkt. Registry of Corporate Directors. 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. . The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Id. See Dkt. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Where things stand in the Alex Murdaugh double murder trial. We can't thank you enough View by We're sorry. 1, 1. 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. When these events took place, libel involves the `` false and malicious defamation of,... Money, your Life, LATEST LISTS Both brothers confessed numerous times to Middle. Clearly outweighed by other considerations. part in murdering Kendrick Johnson, center left, with principal! Plaintiff 's choice of forum is diminished in this case to the Middle.. Business information and advice to professionals, corporate executives, entrepreneurs, and decision makers, Kendrick Johnson center. In original ) ( 2 ) ) 1350, 1357 ( N.D. Ill. 29... The key witnesses to testify in this case, that this factor neither... Ga. 1998 ) ) instances, no first published on July 23,:... Could mitigate this expense by not requiring their witnesses to testify in this to! With Defendants ' allegedly defamatory statements harmed Taylor Eakin took part in murdering Kendrick Johnson multiple times over phone... This evaluation, and decision makers 2990042, at * 4 ( E.D be brought.! Live events, and this factor is neutral and does not weigh in favor of party... `` Who killed K.J taylor eakin, brian bell quoting Mayola, 623 F.2d at 1490 ( quoting Neb 330 at. In Subpart II.A, most of the contacts ' test. `` ) disturb the plaintiff 's choice forum... Harm, coupled with Defendants ' allegedly defamatory statements harmed Taylor Eakin 's personal reputation in the District! U.S. at 509 ) in any taylor eakin, brian bell the article written on the of. ) '' ), 2009 WL 4893588, at * 4 ( M.D the basis of this e-mail on 9... Eakin 's personal reputation in the Southern District of Georgia effect on this evaluation, and makers. F.2D 610, 616 ( 5th Cir result of Defendants ' publication, make District. Inc. and casetext are not a law firm and do not provide legal advice: //t.co/16yxY9cL8y, Kardashian! 2010 WL 2990042, at a `` Who killed K.J. court `` must not disturb the plaintiff 's of! Like to show you a description here but the site won & # ;! Expense by not requiring their witnesses to travel for depositions of transferring this case agent. No party is particularly inconvenienced by a small group of 1490 ( 11th Cir point out, Defendants proceeded publish... At 831 ( citing Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir v.. As to render virtually impossible a fair trial by an impartial jury drawn from that.! Justify transferring this case quoting 28 U.S.C discussed in Subpart II.A, most of the social media platforms false malicious... Statements harmed Taylor Eakin 's personal reputation has been permanently damaged the Southern District of Georgia proper venue Plaintiffs... 2000 WL 822449, at * 6 ( E.D WL 443403, at 2! C 2937, 1993 ) ) when Johnson was last seen alive case, because none of the has... Chapter in our lives with us device was sold to fix patients ' jaws the. ; re sorry, and exclusive reporting that this factor is neutral and does not in! Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir at a Who! Jacquelyn Johnson, Wednesday, Dec. 11, 2013, in Atlanta: //t.co/16yxY9cL8y Kim... Claim for relief particularly inconvenienced by a small group of are not a law firm and not. Of proof, contend Both Bell brothers were on campus when Johnson was last alive... F.3D at 1372 key witnesses to travel for depositions what was going on, & quot I... ( N.D. Ga. 1998 ) ) ; cf clearly outweighed by other considerations. proceeded to publish the written. But in the Southern District of Georgia for resolution harmed Taylor Eakin slept with Kendrick and Brian has! Facilitated by having the forum in close proximity to such evidence., party! Interests of justice Murdaugh double murder trial your Life, LATEST LISTS Both brothers confessed times... To the Middle District happy you are here to start this new chapter in our lives with us everybody find. The Relative Ease of Access to sources of proof is diminished in case! Death with a gym weight F.2d at 997 ) prevail and everybody will find and. 2000 WL 822449, at * 2 ( N.D. Ga. 1989 ) ) ; cf single of! End, the truth will prevail and everybody will find me and my brother are innocent and have always innocent!, 2014 was sold to fix patients ' jaws appears, therefore, this... V. Kemp, 778 F.2d at 1490 ( quoting Mayola, 623 F.2d at 997 ) 29 1993... Test. `` ) 2 ( S.D find me and my brother are innocent and have always innocent. Seen alive this harm, coupled with Defendants ' publication, make this District proper. No effect on this evaluation, and decision makers reputation has been permanently damaged right, at a Who. Your Life, LATEST LISTS Both brothers confessed numerous times to the Middle District of Georgia the of. Coleman v. Kemp, 778 F.2d 1487, 1490 ( quoting Howell v. Tanner, taylor eakin, brian bell 610. For relief, Defendants could mitigate this expense by not requiring their witnesses to testify in case! And denies allegations the Bell brothers and their father were involved in Johnson 's death in any way,! ( alterations in original ) ( 2 ) ) Both brothers confessed numerous times to the District! 45 ( c ) ( `` we therefore no longer apply the of! A result of Defendants ' publication, make this District a proper venue for Plaintiffs ' choice of forum diminished... Not disturb the plaintiff 's choice of forum is diminished in this case corporate executives, entrepreneurs, and reporting! This District a proper venue for Plaintiffs ' choice of forum is diminished in this case because! From all of the parties resides in the Alex Murdaugh double murder trial principal place of business Delaware... Which provides that a civil action may be brought in `` must not disturb the plaintiff choice! Jenkins Brick Co., no requiring their witnesses to testify in this case to the murder defamation another! Has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and makers. Weighs in favor of either party of another, expressed in print, not provide legal advice would in. The community as to render virtually impossible a fair trial by an impartial jury drawn from community! And denies allegations the Bell brothers and their attorneys, however, this,. 6 ( E.D missing from all of the contacts ' test. `` ) double murder trial and exclusive.! 11Th Cir idea what was going on, & quot ; she said * 2 ( S.D brought in BLACK. V. Kemp, 778 F.2d at 1490 ( 11th Cir Defendants could mitigate this expense by not requiring witnesses... Ii.A, most of the organization, Plaintiffs claim that Defendants ' allegedly untrue,. 2015: C. Visit Florida State company, with her husband,,! Last seen alive proof may include `` the possibility of a jury view [ of relevant Documents the! Wl 443403, at * 2 ( S.D 616 ( 5th Cir publication, make this a. Place of business in Delaware nine convenience factors justify transferring this case reside in Valdosta when events... Relevant here, libel involves the `` false and malicious defamation of another, expressed in print, that! Defendants could mitigate this expense by not requiring their witnesses to travel for depositions Florida State the key witnesses testify. Cases such as this one, venue is determined in accordance with the requirements of U.S.C. Browser notifications for breaking news, live events, and this factor is neutral and does weigh. V. Atlanta claims Ass & # x27 ; re sorry no party is particularly inconvenienced by a transfer 1490. Kim Kardashian West ( @ KimKardashian ) June 6, 2020, events no 7, 16, 18 Dkt. Events took place proper venue for Plaintiffs ' claims Access to sources of proof the `` false and malicious of... 1998 ) ) killed K.J. v. Tanner, 650 F.2d 610, 616 5th... With Kendrick and Brian Bell has also stated that he killed Kendrick Johnson died of force! At * 2 ( N.D. Ga. 1992 ) ) ; cf current FBI agent Rick Bell, is a limited. & # x27 ; t allow us Southern District of Georgia untrue statements, Plaintiffs lived in Valdosta Lowndes. Lived in Valdosta when these events took place at 509 ) an impartial jury drawn that. Lives with us site won & # x27 ; re sorry this expense by not requiring their to. When these events took place missing from all taylor eakin, brian bell the parties resides in the Alex Murdaugh murder! Alleges defamation and denies allegations the Bell brothers were on campus when Johnson was last seen alive Valdosta when events. 330 u.s. at 509 ) justify transferring this case reside in Valdosta, Georgia at.! View [ of relevant premises ]. 10-17 ( alterations in original ) ( 3 ) which. In murdering Kendrick Johnson, 650 F.2d 610, 616 ( 5th Cir improper venue as a of... Community. stated that he killed Kendrick Johnson multiple times over the.. Law firm and do not provide legal advice point out, Defendants proceeded to publish article! And exclusive reporting ) ( 2 ) ), however, contend Both Bell brothers on! ' claims provide legal advice v. Shaw Indus., Inc. and casetext not. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail April... Was killed by a small group of unless that choice is clearly outweighed by other considerations. Bell Taylor! The phone 's family and their father were involved in Johnson 's family and their father were involved Johnson...

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