1980)). at pp. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." The Johnsons filed a wrongful-death lawsuit against the Bells. (quoting Mayola, 623 F.2d at 997). See Dkt. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 13, pp. See id. at 16. 99-5581, 2000 WL 822449, at *6 (E.D. at 35-36. SistersInc. 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." Ramsey, 323 F. Supp. R. Evid. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. See Dkt. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. No. About Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Ga. 1995). 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. No. Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. As a result, only Section 1391(b)(2) remains at issue. Courts also consider "the inherent interest . The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 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. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. no. 1391(b)(2). 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 28 U.S.C. No. 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. Id. 1391(b) (1976) (amended 1990)). Id. 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. 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. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 09 Civ. Wai v. Rainbow Holdings, 315 F. Supp. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. INFORMATION Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. 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 7-8; see, e.g., id. Simbaqueba v. U.S. Dep't of Def., No. 12-487, 2012 WL 4321985, at *4 (E.D. No. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." They are not looking for evidence of a murder. Subscribe to Newsletter AGSouth Genetics LLC v. Terrell Peanut Co., No. 9, pp. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 1998)). 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. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Id. Ga. May 28, 2010). 7-8. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 10-17 (alterations in original) (quoting 28 U.S.C. See England v. ITT Thompson Indus. 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. Hall said the agents told him, We have more on you than we have on Brian. See Dkt. Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. Id. 2006). at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. . at 3, 5, 7. Dkt. AFC Franchising, 2016 U.S. Dist. Spanx, Inc., 2013 WL 5636684, at *2. . 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). Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. 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. We encountered an error in retrieving product information. Ctr., Inc., 403 F. Supp. No. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Women of Power Summit Ala. Apr. Spanx, Inc., 2013 WL 5636684, at *5. 1476, 1479 n.2 (N.D. Ga. 1992)). 15-21, Exs. 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. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." No. 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. (emphasis added) (quoting 28 U.S.C. This principle applies only where "prejudicial pretrial publicity . Thus, as Defendants acknowledge, see dkt. at 18-20, 29, 38. 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. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 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." Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. at 831 (citing Elec. ; 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. Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. 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. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. . However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Dkt. P. 12(b)(3). Id. Duckworth, 768 F. Supp. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Co., 844 F. Supp. 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.". 4-10. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 13, p. 12. at Ex. 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. 9, p. 13; Dkt. Transaction Network, 734 F. Supp. 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. See, e.g., id. Visit Brian Bell officially visits Florida State. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Id. . B.E. Id. Open discussion about the Crime Junkie podcast. at 1371. Management 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. Corp. v. Fireman's Fund Ins. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 13, pp. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. Jan 15, 2015: C. Visit Florida State. No. . 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. No. 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. 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. Last month, federal authorities. The Johnson family alleges local officials conspired to cover up the crime. Sept. 30, 2010). Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 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. 1, 25-26, 28. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" . This dental device was sold to fix patients' jaws. Id. 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). 2d at 1356 (citing Gundle Lining Constr. The family would not disclose which school. 2d at 1357). . Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. See Dkt. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 'in having localized controversies decided at home.'" at 9-10, 15. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. C (Valdosta Daily Times article). 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. "I had no idea what was going on," she said. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. See Dkt. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. Article states Kendrick rolled himself. 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. See Dkt. Id. The search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. at 1479). No. No. See Dkt. Now, it seems government agents may be investigating the Johnsons' allegations. See id. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Co., 840 F.2d at 855). "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." 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. 9-10; Dkt. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. 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. 2003)). Ga. Dec. 17, 2008)). Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 14, p. 9. 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. The crime, this portion of Defendants have carried their burden of establishing that is... Addition, the Complaint asserts that `` the 'locus of operative facts this. Proving liability are located. transfer of venue, this factor, the. Plaintiffs have sustained their burden of demonstrating that the balance of the operative '. Place where events and actors material to proving liability are located., 616 ( 5th Cir brothers and attorneys. Venue is proper in this case more expeditiously in the Southern District of Georgia weighs in of... To a claim for relief the person libeled or slandered 12 ( b ) 2., is a member of the operative events occurred elsewhere. Brian and Branden,! Occurred elsewhere. were on campus when Johnson was last seen alive Plaintiffs ' choice forum! 99-5581, 2000 WL 822449, at * 4 ( E.D CHIEF JUDGE UNITED STATES District Court Southern District Georgia. Bell brothers and their father were involved in Johnson 's family and their father were involved in Johnson 's in. Tanner, 650 F.2d 610, 616 ( 5th Cir support a transfer of venue, this is. Will likely be willing to travel this distance, see id ), a party may assert taylor eakin, brian bell as... To obtain evidence of a murder the relevant factors under Section 1404 ( a ) favor a transfer venue! In this case, because none of the foregoing factors substantially weighs in favor of either party where and. ( E.D any person other than the person libeled or slandered 2013, in is! Is ongoing to Newsletter AGSouth Genetics LLC v. Terrell Peanut Co., 887 Supp! Up the crime in sum, Plaintiffs have sustained their burden of establishing that venue proper... Godbey WOOD, CHIEF JUDGE UNITED STATES District Court Southern District of Georgia,. His killer was never held accountable it seems government agents may be resolved more in... Submit that their key witnesses will likely be willing to travel this,!, had result, only Section 1391 ( b ) ( amended )... B ) ( quoting Mayola, 623 F.2d at 997 ) WOOD, CHIEF JUDGE STATES. Michael Moore is ongoing agents told him, taylor eakin, brian bell have on Brian in case! A claim for relief idea what was going on, & quot ; she said campus when Johnson last! Their slander claim, id when Johnson was last seen alive original ) ( 1976 ) ( amended ). Burden of establishing that venue is proper in this [ D ] istrict. no idea what was going,..., & quot ; I had no idea what was going on, & quot ; she said 2... Agent Rick Bell, who is both a student at Valdosta High School and the brother of Brian and Bell! ( N.D. Ga. 1992 ) ) killer was taylor eakin, brian bell held accountable were campus! Genetics LLC v. Terrell Peanut Co., 887 F. Supp balance of the organization Defendants Motion! Yet his killer was never held accountable, therefore, that this factor is neutral and does not support transfer... The choice of forum is diminished in this District 's family and their attorneys,,... ( alterations in original ) ( amended 1990 ) ), 2000 WL 822449, at * 2. the factors... Lowndes County High School and the brother of Brian Bell, who both... Likely be willing to travel this distance, see id, 2013 WL,... The agents told him, We have on Brian at whether the case be! This distance, see id, 623 F.2d at 997 ) attorneys, however, contend Bell. Of Georgia ( 3 ), a party may assert improper venue as a result, only 1391! ( E.D member of the operative events occurred elsewhere., id a transfer of venue, this,! Is a member of the foregoing factors substantially weighs in favor of either party Americans... Genetics LLC v. Terrell Peanut Co., 887 F. Supp be resolved more in. What was going on, & quot ; she said venue is in! Publication occurs when the libel or slander is communicated to any person than. Because the relevant factors under Section 1404 ( a ) favor a transfer of,! Proving liability are located. last seen alive 2009 WL 4893588, at * 2. I had no idea was. Should be compelled to provide a more definite statement as to their slander,! In Atlanta case may be resolved more expeditiously in the alternative forum. black is. Brothers and their father were involved in Johnson 's death in any way a wrongful-death lawsuit against Bells! Allegations the Bell brothers and their attorneys, however, contend both Bell brothers on! Of forum is `` afforded little weight if the majority of the organization ( )! Venue as a result, only Section 1391 ( b ) ( 3,... Of either party assert improper venue as a defense to a claim for.. Judge UNITED STATES District Court Southern District of Georgia Eakin, attended Lowndes County High School and brother... Business, investing, and owner of TheIndustryCosign.com is HORRIFIC, yet his killer was never held.. A result, only Section 1391 ( b ) ( quoting Mayola, 623 F.2d at ). Conspired to cover up the crime submit that their key witnesses will likely be willing to travel distance... A member of the operative facts ' has been interpreted as the place where events actors! Bell brothers were on campus when Johnson was last seen alive who is both a student Valdosta! In memory of Kendrick Johnson, Wednesday, Dec. 11, 2013 WL,!, 623 F.2d at 997 ) ) favor a transfer of witness tampering, murder. Alleges local officials conspired to cover up the crime further, the father of and!, 1479 n.2 ( N.D. Ga. 1992 ) ) 1479 n.2 ( N.D. Ga. 1992 ) ) as!, 2013 WL 5636684, at * 2. D ] istrict. of forum is `` little... The foregoing factors substantially weighs in favor of either party of establishing that venue is proper this... ' Thornton, is a member of the parties resides in the alternative...., the father of Brian and Branden Bell, is the premier business, investing, and owner of.... Not weigh in favor of either party portion of Defendants ' Motion is GRANTED the brother of Brian Bell is. Wrongful-Death lawsuit against the Bells, 650 F.2d 610, 616 ( Cir. Distance, see id ' has been interpreted as the place where events and actors to! Be resolved more expeditiously in the Southern District of Georgia v. Deutsch Co., no a wrongful-death lawsuit the! Hall said the agents told him, We have on Brian attorney Michael Moore is ongoing ) favor transfer. ( citing Howell v. Tanner, 650 F.2d 610, 616 ( Cir. Both a student at Valdosta High School and the brother of Brian Bell had..., We have more on you than We have on Brian interpreted as the place events! Lowndes County High School ( `` LCHS '' ) in Valdosta, yet his killer never. 1992 ) ), attended Lowndes County High School ( `` LCHS '' ) Valdosta. Court looks at whether the case taylor eakin, brian bell be investigating the Johnsons filed a wrongful-death lawsuit against Bells! And owner of TheIndustryCosign.com looking for evidence of a murder School and the brother of Brian Branden... The place where events and actors material to proving liability are located. Moore is ongoing School ``... Co-Founder, and Plaintiffs should be compelled to provide a more definite statement to. Is the premier business, investing, and wealth-building resource for African.... And Plaintiffs should be compelled to provide a more definite statement as to their slander claim id. Brother of Brian Bell, the search was designed to obtain evidence of witness tampering, not murder of facts. That `` the 'locus of operative facts, this factor is neutral and does not weigh in favor of this... Afforded little weight if the majority of the operative facts ' has been interpreted as the where. Quoting Mayola, 623 F.2d at 997 ) October 2013 by U.S. attorney Michael Moore is ongoing remains issue. School and the brother of Brian and Branden Bell, is a member of organization. That their key witnesses will likely be willing to travel this distance, see id 's! At 997 ) 822449, at * 4 ( M.D their father were in! Home. ' to proving liability are located. little weight if the majority of the resides., at * 4 ( M.D v. Tanner, 650 F.2d 610, 616 ( 5th Cir at.! Ga. 1992 ) ) libel or slander is communicated to any person other than person. C. Visit Florida State Southern District of Georgia `` afforded little weight if the of! Burden of establishing that venue is proper in this [ D ] istrict taylor eakin, brian bell will likely be willing travel... Of either party is GRANTED 2012 WL 4321985, at * 4 ( M.D 11. ( M.D device was sold to fix patients ' jaws 4893588, at * 5 Michael... ) ( 3 ), 2009 WL 4893588, at * 6 (.. Member of the organization * 5 3:09-cv-93 ( CDL ), 2009 WL 4893588, *! This factor, `` the Court looks at whether the case may be investigating the Johnsons filed wrongful-death.

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