Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 17-19. Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. . See Dkt. 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. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). 2d at 1357. 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. Apr. 13, pp. Pa. 1999)). No. 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. No. The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. 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. CV 309-066, 2010 WL 2990042, at *2 (S.D. No. 2d at 822. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 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. 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. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). This principle applies only where "prejudicial pretrial publicity . 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." Dkt. 13, pp. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. We can't thank you enough View by We're sorry. Under the sentence, Eakin will be transferred to an adult prison at age 18. victoria beckham wedding; celebrity wedding photographer 51-5-4. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Entrepreneurs Summit Ga. 1995). Id. 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. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Corp. v. Fireman's Fund Ins. at 1356-57 (citing McNair, 279 F. Supp. Fla. 2010)). (quoting Mayola, 623 F.2d at 997). 13-15; Dkt. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." at 3, 5, 7. Bell threatened Johnson and later killed him. 17-19. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 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). "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." Id. About Servs., Inc., No. Dkt. Reopen Kendrick Johnsons Case #J4Kendrick. ABOUT no. "They can ridicule me and they can say whatever they want. 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. 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. 2003). No. CV 211-193, 2012 WL 3886094, at *1 (S.D. 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. 2d at 1357). at 35-36. See Ramsey, 323 F. Supp. 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 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. Convenience of the witnesses is the most important factor to consider under Section 1404(a). at 1356 (citing State Street Capital Corp., 855 F. Supp. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. 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. See O.C.G.A. 9, pp. 13, pp. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Dkt. Id. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. 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). Black Men XCEL A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." at 1371. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. Ala. Apr. 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. . 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. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Where things stand in the Alex Murdaugh double murder trial. 99-5581, 2000 WL 822449, at *6 (E.D. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. what really happened [sic] to Kendrick Johnson.'" 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. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Co., 844 F. Supp. Last month, federal authorities raided several college dorm rooms and homes, including those of Bell and his parents, as the probe took a turn into witness tampering and obstruction. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Is that it?. . DeLong Equip. 13, pp. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." The Johnsons filed a wrongful-death lawsuit against the Bells. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Women of Power TECH, PODCASTS P. 45(c)(1)(B)(ii). 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. 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). Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." B. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. No. We would like to show you a description here but the site won't allow us. at 18. (quoting DaimlerChrysler Corp. v. Askinazi, No. No charges have been filed in the case. "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. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." 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. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. 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." Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. Dkt. 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. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Make your practice more effective and efficient with Casetexts legal research suite. 28 U.S.C. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 2d 1261, 1268 (S.D. 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. 1994)). As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Copyright 2023 CBS Interactive Inc. All rights reserved. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. As a result, only Section 1391(b)(2) remains at issue. . G. A Forum's Familiarity with the Governing Law. 14, p. 10. / CBS News. See Dkt. 9, pp. at 831 (citing Elec. 9, pp. . Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. 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. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). 2d 1115, 1122 (S.D. No. Where things stand in the Alex Murdaugh double murder trial. 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. 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." Ga. May 28, 2010). Litig., 30 F. Supp. at 2. See Dkt. Help make Taylor Eakin & Brian Bell's special day even more memorable. AFC Franchising, 2016 U.S. Dist. No. at 16. See id. 1404(a)). 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. Dkt. Simbaqueba v. U.S. Dep't of Def., No. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 1:00 Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 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. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Id. 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." They are not looking for evidence of a murder. 1, 7, 16, 18; Dkt. 9, 13-14. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. See id. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 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. 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. Id. It seems that a single locus of operative facts does exist in this case. Corp., 844 F. Supp. 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. 2d 397, 404 (S.D.N.Y. 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. 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. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . No. 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. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. 192, 197 (S.D. 28.7k members in the CrimeJunkiePodcast community. Get browser notifications for breaking news, live events, and exclusive reporting. See Dkt. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. R. Evid. Id. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Id. United States District Court for the Southern District of Georgia Brunswick Division. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). at pp. Dkt. No. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 9, p. 15. 13-14. Ctr., Inc., 403 F. Supp. 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. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Id. Id. . H. The Weight Accorded a Plaintiff's Choice of Forum. In both cases, the publication of the libelous or slanderous statement is essential to recovery. . 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. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). See Fed. Jorgensen said Eakin is a lot smarter than his. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. at 35-36. in which the claim arose." (citing Curry v. Gonzales, No. (citing Pfeiffer v. Insty Prints, No. (second alteration in original) (citations omitted) (quoting Neb. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Duckworth v. Med. Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." The 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. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. at 9-10, 16. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. Your California Privacy Rights/Privacy Policy. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." 1476, 1479 n.2 (N.D. Ga. 1992)). Transaction Network v. Katz, 734 F. Supp. Ga. 1991) (quoting Elec. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Tex. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. ( 11th Cir citing Howell v. Tanner, 650 F.2d 610, 616 5th... X27 ; s special day even more memorable citing State Street Capital Corp., 855 Supp! 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