BE 100s Load More. Id. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 2d at 1356 (citing Gundle Lining Constr. 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. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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. 1, 25-26, 28. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. No. of Georgia." 1, 5-6, 30. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Id. The suit also alleges local officials tried to cover up the crime. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Id. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 13, pp. 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. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. Id. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. July 23, 2015 / 12:59 PM 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. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 12-487, 2012 WL 4321985, at *4 (E.D. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See Buckley v. Robertson, No. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. No. no. No. But the line of questioning was intense. Moreover, Plaintiffs lived in Valdosta when these events took place. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Co., 840 F.2d at 855. 9, pp. 1, 1. Article states Kendrick rolled himself. 2d 1290, 1311 (M.D. at 5-7. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. at 35-36. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. Id. See Dkt. 9, pp. 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"). Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. AGSouth Genetics LLC v. Terrell Peanut Co., No. 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. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. No. 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. 9, p. 13 n.5. Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. 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. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. 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. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 2d at 1357. Dkt. C (Valdosta Daily Times article). For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 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." at 2. 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). 9, p. 15. 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.'" 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. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 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"). Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. August 25, 2015 / 2:10 PM Last month, federal authorities. See Dkt. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. See Fed. 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. at 16. 28 U.S.C. --------. 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." (citing Pfeiffer v. Insty Prints, No. Id. "); see, e.g., Anderson v. Dallas Cty., No. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 9-10; Dkt. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 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. See id. victoria beckham wedding; celebrity wedding photographer 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. 17-19. . morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. . 2d 878 (Ga. Ct. App. Dkt. Id. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 2d at 1355 (citing Haworth, Inc., 821 F. Supp. VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. O.C.G.A. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Pa. June 26, 2000))). Fla. 2001)). 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"). 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 9, 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. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Id. Women of Power TECH, PODCASTS Morgan v. N. MS Med. 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. Both brothers confessed numerous times to the murder. Second, it appears that transfer would be in the interests of justice. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. Subscribe to Newsletter 13-14; see also Dkt. 9, pp. Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . No. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. ; 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. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. I. See Ramsey, 323 F. Supp. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Eakin allegedly liked Johnson. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. / CBS News. 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. 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. Id. 2d 1322, 1327 (M.D. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 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." 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). Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Corp., 844 F. Supp. at pp. 13, pp. He does not appear to have an Instagram account. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. #KendrickJohnson" Pa. 1999)). 51-5-3; Scouten, 656 S.E. 2d at 1357). Tex. 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 sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. B. at 32, 40. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 13-14. Dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 13, p. 13. 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, 7, 16, 18; Dkt. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. No. "They can ridicule me and they can say whatever they want. No. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. in the Middle District" as well. No. No. Nos. 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.". Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." Dkt. 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. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). See Smith v. Dollar Tree Stores, Inc., No. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Id. See Jenkins Brick Co., 321 F.3d at 1371. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. 1391(b)(2). 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. Now, it seems government agents may be investigating the Johnsons' allegations. 1988)) (slander). First published on August 25, 2015 / 2:10 PM. See Dkt. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 2d 467, 470 (E.D. Thus, as Defendants acknowledge, see dkt. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. 1, 32, 40; Dkt. Id. No. 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. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. 9, pp. Co., 840 F.2d at 855). Id. See 28 U.S.C. No. 1994)). 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. Taylor Eakin + Brian Bell. 1404(a). 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. Duckworth, 768 F. Supp. Women of Power Summit 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. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. . 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 1391(b) (1976) (amended 1990)). It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. 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. CIV.A. See Jenkins Brick Co., 321 F.3d at 1372. "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. Privacy Policy First published on July 23, 2015 / 12:59 PM. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. at 1371-72. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. The family would not disclose which school. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 13, p. 15. U.S. See Fed. 822, 831 (S.D. 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. 2006). Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 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. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. CV 309-066, 2010 WL 2990042, at *2 (S.D. AFC Franchising, 2016 U.S. Dist. See id. 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). at 18. No. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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. No. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 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. 192, 197 (S.D. No. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Id. 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