10-11. . Dkt. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. 28 U.S.C. at 16 (alterations in original). 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. See Kravitz v. Niezgoda, No. . 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.". Copyright 2023 CBS Interactive Inc. All rights reserved. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. United States District Court for the Southern District of Georgia Brunswick Division. Masthead. 13, Ex. The Johnsons filed a wrongful-death lawsuit against the Bells. 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. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. But the line of questioning was intense. 2d at 1356 (citing Gundle Lining Constr. See Seltzer v. Omni Hotels, No. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". C (Valdosta Daily Times article). See 28 U.S.C. Dkt. Co., 840 F.2d at 855. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 13, pp. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. 1, 5-6, 30. 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." 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. Hall said the agents told him, We have more on you than we have on Brian. Spanx, Inc. v. Times Three Clothier, LLC, 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. This Account is Private Already follow tayloreakin? . 99-5581, 2000 WL 822449, at *6 (E.D. See Ramsey, 323 F. Supp. CIV.A. No. See Dkt. 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. 9, pp. 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. 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. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. No. Help make Taylor Eakin & Brian Bell's special day even more memorable. 17-19. 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. at 35-36. 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." Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. BE 100s Article states Kendrick rolled himself. Servs., Inc., No. Dkt. at pp. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. 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." Id. O.C.G.A. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. He does not appear to have an Instagram account. CV 211-193, 2012 WL 3886094, at *1 (S.D. 28 U.S.C. 2d at 1356 (citing Gundle Lining Constr. See England v. ITT Thompson Indus. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. at 27. 51-5-1(a). --------. No. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 14, pp. 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. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. in the Middle District" as well. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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. 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. Corp. v. Fireman's Fund Ins. 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. 2003). no. Electro-Therapeutics, Inc., 768 F. Supp. Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. 13-14. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 1981)). See Dkt. 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. See Dkt. 1, 1. See id. See Dkt. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Log in to see their photos and videos. Jaycee Perry + Reese Hill. Copyright 2023 CBS Interactive Inc. All rights reserved. Id. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . Id. at 197). Id. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Bell threatened Johnson and later killed him. Reopen Kendrick Johnsons Case #J4Kendrick. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . 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. See 28 U.S.C. . P. 45(c)(1)(B)(ii). Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. We can't thank you enough View by We're sorry. 2d 467, 470 (E.D. 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. ABOUT at 7-8; see, e.g., id. Privacy Policy Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. The Johnson family alleges local officials conspired to cover up the crime. Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Dkt. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. See Fed. Ala. Apr. 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. Now, it seems government agents may be investigating the Johnsons' allegations. 1988). Women of Power TECH, PODCASTS at 14-15. 1391(b) (1976) (amended 1990)). LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. No. No. (quoting Mayola, 623 F.2d at 997). Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 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. 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. "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . I. Corp., 656 S.E. See id. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. at pp. H. The Weight Accorded a Plaintiff's Choice of Forum. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) See Dkt. Id. 13, p. 13. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Registry of Corporate Directors. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Both brothers confessed numerous times to the murder. at pp. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. However, he is enrolled at a school and hopes to play this fall. See, e.g., id. Where things stand in the Alex Murdaugh double murder trial. SistersInc. 13, pp. 9, p. 15. Dkt. 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. 2d 1322, 1327 (M.D. Ga. 1995). 13, pp. 2015 CBS Interactive Inc. All Rights Reserved. Dkt. Id. 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). We would like to show you a description here but the site won't allow us. 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. 'in having localized controversies decided at home.'" 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. 9-1, 3. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). See, e.g., id. No. 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. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." at 3, 5, 7. 2d 1350, 1357 (N.D. Ga. 1998)). See Dkt. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 1, 6. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 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. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Other sources of proof may include "the possibility of a jury view [of relevant premises]." See Buckley v. Robertson, No. Bell threatened Johnson and later killed him. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. . Dkt. Is that it?. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." First published on August 25, 2015 / 2:10 PM. . Ga. Dec. 17, 2008)). 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. at 9-10. 10-17 (alterations in original) (quoting 28 U.S.C. 2d at 822. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. No. 1, 8, 15. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 1994)). Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 51-5-4. 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. 9, pp. Women of Power Summit No. 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. 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. 1988)) (slander). 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. Get browser notifications for breaking news, live events, and exclusive reporting. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Lawsuits claim it wrecked their teeth. 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"). Dkt. Is both a student at Valdosta High school and the brother of Brian Bell ( @ therealbrianbell ) see.... Family alleges local officials conspired to cover up the crime, 1520 ( 11th Cir in this,! Plaintiffs would not receive a fair trial in the Southern District of Georgia Division... ( quoting Gulf Oil Corp., 330 U.S. at 509 ) U.S. attorney Michael Moore is.! Mckibbon Bros., Inc. v. Times Three Clothier, LLC, no defendants also contend that the attached news are. Double murder trial quoting Escobedo v. 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