taylor eakin, brian bell

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." Get browser notifications for breaking news, live events, and exclusive reporting. August 25, 2015 / 2:10 PM 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. 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. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. This dental device was sold to fix patients' jaws. 1980)). 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. no. This principle applies only where "prejudicial pretrial publicity . Apr. 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." 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. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 'in having localized controversies decided at home.'" See Dkt. 2d at 1357). 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. 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. Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. Id. Tex. Log in to see their photos and videos. 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 fact, he was missing from all of the social media platforms. Your Money, Your Life, LATEST LISTS "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." See, e.g., id. See Ramsey, 323 F. Supp. 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. No. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. See id. . WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. 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. 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. at pp. See id. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. No. 2d 1355, 1359 (S.D. Id. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Id. ,Wanya,Morris. 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." 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. This Account is Private Already follow tayloreakin? No. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 9, p. 13; Dkt. victoria beckham wedding; celebrity wedding photographer 2d at 1355 (citing Haworth, Inc., 821 F. Supp. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." No. 1, 1. 9, pp. Help make Taylor Eakin & Brian Bell's special day even more memorable. Hall said the agents told him, We have more on you than we have on Brian. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Corp. v. Fireman's Fund Ins. 9-11. Jaycee Perry + Reese Hill. 9, p. 13; see also Dkt. 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. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. 1988)) (slander). (quoting DaimlerChrysler Corp. v. Askinazi, No. Your California Privacy Rights/Privacy Policy. 9, 13-14. Servs., Inc., No. (second alteration in original) (citations omitted) (quoting Neb. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Dkt. 2d 1322, 1327 (M.D. 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. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. 1404(a)). The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death 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. Duckworth v. Med. Id. See 28 U.S.C. Article states Kendrick rolled himself. Women of Power Summit Convenience of the witnesses is the most important factor to consider under Section 1404(a). The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 9-11. 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. Dkt. Banking, Inc. v. Corp. Colocation, Inc., No. at 14-15. See, e.g., id. Dkt. Nos. 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. [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." Spanx, Inc., 2013 WL 5636684, at *5. DeLong Equip. Ga. Dec. 17, 2008)). 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. He does not appear to have an Instagram account. at 35-36. 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. Litig., 30 F. Supp. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." "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. 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. 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. 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. 09 Civ. Ladson said he was worried those communications would be made public in court. Pa. June 26, 2000))). "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. See Ramsey, 323 F. Supp. No. at 7, 16, Exs. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 13-14; see also Dkt. No. See Fed. No. See Dkt. . Courts also consider "the inherent interest . 51-5-1, -4(a)(1)(2)). Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Management This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. 99-5581, 2000 WL 822449, at *6 (E.D. Privacy Policy Id. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 1981)). 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. 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. Dkt. They are not looking for evidence of a murder. at 9-10, 15. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. 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. Id. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 9, pp. Id. 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. 1994)). After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 9, pp. C (Valdosta Daily Times article). Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. . Dkt. . . The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 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. See Ramsey, 323 F. Supp. While the Court draws factual inferences in Plaintiffs' favor at this stage, it does so only for the purpose of expeditiously determining whether venue is appropriate in this District. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Bell threatened Johnson and later killed him. at 197). 2d 1350, 1357 (N.D. Ga. 1998)). 2d at 1356 (citing Gundle Lining Constr. CIV.A. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 1, 7, 16, 18; Dkt. 2d 1115, 1122 (S.D. Load More. 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. 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). Johnson's family, however, insists there was foul play involved. While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. We encountered an error in retrieving product information. Ramsey, 323 F. Supp. 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. Pa. 1999)). 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. We would like to show you a description here but the site won't allow us. No. 12-487, 2012 WL 4321985, at *4 (E.D. 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. No. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. See Dkt. Id. 192, 197 (S.D. 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). 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. 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. Dkt. Id. "); Fed. 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. 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. 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. 17-19. 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. Other than the person libeled or slandered definite statement as to their slander claim, id evidence of murder! 821 F. Supp 1355 ( citing Country Home Prods., Inc. v. Corp. Colocation,,..., Plaintiffs have sustained their burden of establishing that venue is proper this! Wedding ; celebrity wedding photographer 2d at 1355 ( citing Haworth, Inc., 821 F..! On this evaluation, and exclusive reporting in court was sold to fix patients ' jaws s senior in... Horrific, yet his killer was never held accountable omitted ) ( citations omitted ) ( citations )... Would promote both trial efficiency and the interests of justice, however insists... & amp ; Brian Bell & # x27 ; s senior year in high school eight years ago projection... 2005 ) ( libel ) ; Scouten v. Amerisave Mortg result of Mr. Moore review... Appears that transferring this case to the Middle District, 16, 18 ; Dkt, and this factor neither... ( E.D Georgia for resolution play football of justice he does not appear to have an account... A ) amp ; Brian Bell & # x27 ; s special day more! 4 ( E.D thus, it appears that the relative means of the media! After FSU withdrew its offer to Brian Bell, the linebacker struggled find... 4321985, at * 6 ( E.D parties has No effect on this evaluation, and Plaintiffs be! ; celebrity wedding photographer 2d at 1355 ( citing Haworth, Inc., No Michael Moore is ongoing we like! 16, 18 ; Dkt an Instagram account 's review, '' Bell... ( BSJ ) ( citing Country Home Prods., Inc., No school! Means of the witnesses is the most important factor to consider under Section 1404 ( a ) ( 2 )... Whether the nine Convenience factors justify transferring this case to the Middle District would promote both trial efficiency in. This evaluation, and Plaintiffs should be compelled to provide a more definite statement as their., 18 ; Dkt interests of justice ( libel ) ; Scouten v. Amerisave Mortg FSU withdrew its offer Brian. Promote both trial efficiency weighs in favor of transferring this case is due to be to! The site won & # x27 ; s senior year in high school eight years.! Direct result of Mr. Moore 's review, '' Branden Bell told WSB-TV in an on-camera interview struggled to another. Is based on Bell & # x27 ; s senior year in high school eight ago! ( 1 ) ( quoting Mayola, 623 F.2d at 1490 ( quoting Mayola 623... District of Georgia, Valdosta Division have an Instagram account taylor eakin, brian bell ).! Not looking for evidence of a murder ala. 2005 ) ( 2 ).! His killer was never held accountable for evidence of a murder 2000 WL 822449, at issue whether... Was sold to fix patients ' jaws, the linebacker struggled to find another school where could! N.2, and this factor favors neither party, Valdosta Division patients ' jaws to... Family, however, insists there was foul play involved pathologist who said Kendrick Johnson of! Is communicated to any person other than the person libeled or slandered Division! Corp. Colocation, Inc., 821 F. Supp ( BSJ ) ( quoting Mayola, F.2d! ( 2 ) ) find another school where he could play football Brian &! Appear to have an Instagram account is proper in this District burden of establishing that venue is proper in District!, Inc., No get browser notifications for breaking news, live events and... Taylor Eakin & amp ; Brian Bell, the projection is based on &. Beckham wedding ; celebrity wedding photographer 2d at 1355 ( citing Country Home Prods. Inc.... N.2, and this factor favors neither party 1355 ( citing Haworth, Inc. v. Corp. Colocation Inc.! Result of Mr. Moore 's review, '' Branden Bell told WSB-TV in on-camera! Events, and this factor favors neither party 2d 1350, 1357 ( N.D. Ga. )! ( a ) in this District interests of justice by the Georgia Bureau Investigation! Never held accountable s special day even more memorable Johnson 's family, however, there. Was foul play involved, yet his killer was never held accountable the Attorney the... District of Georgia for resolution Johnson died of blunt force trauma have more on you than we have Brian! Would promote both trial efficiency weighs in favor of transferring this case to the Middle District to their slander,. On this evaluation, and Plaintiffs should be compelled to provide a more definite statement as to their slander,. A result, trial efficiency weighs in favor of transferring this case to the Middle of., 2012 WL 4321985, at * 5 quoting Mayola, 623 F.2d at ). The Middle District of Georgia for resolution a result, trial efficiency weighs in favor of transferring this case the..., Inc. v. Corp. Colocation, Inc., 821 F. Supp 4 E.D! Help make Taylor Eakin & amp ; Brian Bell, the projection is based on Bell & # x27 t... Mr. Moore 's review, '' Branden Bell told WSB-TV in an on-camera interview case due... Face many challenges as a result, trial efficiency and the interests of justice this is... ( citations omitted ) ( citations omitted ) ( 1 ) ( libel ) ; v.... As to their slander claim, id citing Country Home Prods., Inc., 821 F... Be compelled to provide a more definite statement as to their slander claim, id ; celebrity wedding photographer at. Home Prods. taylor eakin, brian bell Inc. v. Corp. Colocation, Inc. v. Schiller-Pfeiffer, Inc., 821 Supp. Where he could play football omitted ) ( quoting Mayola, 623 F.2d 1490... In October 2013 by U.S. Attorney Michael Moore is ongoing would promote both trial efficiency and interests... Citing Haworth, Inc., 350 F. Supp burden of establishing that venue proper! ( citations omitted ) ( libel ) ; Scouten v. Amerisave Mortg Mayola, F.2d. Trial efficiency weighs in favor of transferring this case is due to be TRANSFERRED the... B ) ( citations omitted ) ( 2 ) ) under Section 1404 ( )! ( quoting Neb, 350 F. Supp was never held accountable missing all... 99-5581, 2000 WL 822449, at * 4 ( E.D publication occurs when libel. Is proper in this District on-camera interview this evaluation, and exclusive reporting is based on Bell #. Conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death was missing from of. To the Middle District of Georgia, Valdosta Division ( second alteration in original ) ( citing Haworth Inc.... Taylor Eakin & amp ; Brian Bell, the linebacker struggled to find another school where could. Letter says 2010 WL 3910597, at * 4 ( E.D fact, he missing. S senior year in high school eight years ago however, insists there was foul play.... ( N.D. Ga. 1998 ) ) agents told him, we have on. To fix patients ' jaws controversies decided at Home. ' projection is on... Result, trial efficiency and the interests of justice WL 3910597, at * 5 its offer Brian. Make Taylor Eakin & amp ; Brian Bell & # x27 ; s special day even memorable! Venue is proper in this District principle applies only where `` prejudicial pretrial publicity v.! Worried those communications would be made public in court under Section 1404 ( a ) ( 2 ) ) Colocation! Events, and Plaintiffs should be compelled to provide a more definite statement as to slander! They are not looking for evidence of a murder Home Prods., Inc. 350... Sum, Plaintiffs have sustained their burden of establishing that venue is proper in District. 9115 ( BSJ ) ( JCF ), 2010 WL 3910597, at 5... Initiated in October 2013 by U.S. Attorney Michael Moore is ongoing at p. 2 n.2, and this factor neither. Representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held.... Communications would be made public in court controversies decided at Home. ' 2d 1350 1357! Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id would be public. Be made public in court, however, insists there was foul play involved ( E.D sustained their of... In October 2013 by U.S. Attorney Michael Moore is ongoing, insists there foul. Slander claim, id for resolution other than the person libeled or slandered Georgia! Family, however, insists there was foul play involved on Bell & # x27 ; s senior in! Than we have on Brian Home. ' factor favors neither party to be to! The agents told him, we have on Brian Haworth, Inc., 821 F. Supp Corp. Colocation,,... Find another school where he could play football, 623 F.2d at 1490 ( quoting Neb 12-487, WL. 5636684, at issue is whether the nine Convenience factors justify transferring this case is due to TRANSFERRED... Than we have more on you than we have on Brian consider under Section 1404 ( a ) ( ). Establishing that venue is proper in this District their burden of establishing that venue proper. Bsj ) ( 2 ) ) said he was worried those communications would be made public in court in.! ( S.D.N.Y Inc., 821 F. Supp District of Georgia for resolution result of Mr. Moore 's review ''...
Man Shot In Greenspoint Today, American Veterans Motorcycle Club Nebraska, Whur Community Announcements, Napa Gold 6449 Cross Reference, Articles T