The family would not disclose which school. 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. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 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. See 28 U.S.C. of Georgia." victoria beckham wedding; celebrity wedding photographer 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. Dkt. Open discussion about the Crime Junkie podcast. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 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." As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 9-11. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. Id. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 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"). No. 1994)). Id. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 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). Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. 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. Co., 844 F. Supp. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 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. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 1476, 1479 n.2 (N.D. Ga. 1992)). Capital Corp. Merch. Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. August 25, 2015 / 2:10 PM 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 . 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. Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). 13, p. 15. They are not looking for evidence of a murder. 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"). B.E. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. We can't thank you enough View by We're sorry. 51-5-1(a). See Ramsey, 323 F. Supp. 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. See, e.g., id. 9, p. 2 n.2. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. 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. Ga. Dec. 17, 2008)). at 1480). This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Transaction Network, 734 F. Supp. Your California Privacy Rights/Privacy Policy. 9-1, 3. See 28 U.S.C. 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"). 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. Reopen Kendrick Johnsons Case #J4Kendrick. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Id. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. See Dkt. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. at 3, 5, 7. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 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. 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. 1391(b)(2). DeLong Equip. Ga. May 28, 2010). 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. "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. 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. 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." Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. 99-5581, 2000 WL 822449, at *6 (E.D. 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 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." Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. No. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. Id. at 831 (citing Elec. No. See Dkt. 13, p. 11. Id. 14, pp. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. The local sheriff's department ruled the 17-year-old Johnson's January 10, 2013 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. 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." 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. #KendrickJohnson" 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. "In those instances, no party is particularly inconvenienced by a transfer. The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. Bell threatened Johnson and later killed him. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. C (Valdosta Daily Times article). Help make Taylor Eakin & Brian Bell's special day even more memorable. Morgan v. N. MS Med. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 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." After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." See Kravitz v. Niezgoda, No. 2d at 1356 (citing Gundle Lining Constr. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." / CBS News. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. R. Civ. See Fed. 'Injury in conjunction with another event, however, may make a district a proper venue.'" See id. No. No. Dkt. R. Evid. 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. See Dkt. The suit also alleges local officials tried to cover up the crime. 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. ; 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. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." Id. 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. . "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. 28 U.S.C. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Dkt. at 1479). 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." at 32, 40. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Dkt. 1391(b)(2). 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. 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). Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." (citing Pfeiffer v. Insty Prints, No. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). See Pergo, Inc. v. Shaw Indus., Inc., No. Where things stand in the Alex Murdaugh double murder trial. P. 12(b)(3). 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. 99 votes, 21 comments. No. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 1998)). 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Stephanie Slifer covers crime and justice for CBSNews.com. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. AFC Franchising, 2016 U.S. Dist. . Lawsuits claim it wrecked their teeth. No. Fed. No. 2d at 822. 12-13. See Dkt. 9-11. 2015 CBS Interactive Inc. All Rights Reserved. See Smith v. Dollar Tree Stores, Inc., No. 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. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Gift Card Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. Jan 15, 2015: C. Visit Florida State. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. . However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . It seems that a single locus of operative facts does exist in this case. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. "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. . 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. "); see, e.g., Anderson v. Dallas Cty., No. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. No. 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." Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. No charges have been filed in the case. at 2. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Make your practice more effective and efficient with Casetexts legal research suite. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 13-14; see also Dkt. Ala. Apr. at 197). 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 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. at 2. 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. in the Middle District" as well. See Dkt. in which the claim arose." 9, p. 15. / CBS News. U.S. at 7. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Dkt. See id. 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. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Dkt. 1994)). The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 9, pp. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 2006). 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. See O.C.G.A. "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. See Dkt. Id. 2d 878 (Ga. Ct. App. 14, p. 9. 9, pp. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Taylor Eakin + Brian Bell. at pp. 1, 7, 16, 18; Dkt. INFORMATION . Co., 840 F.2d at 855. at 35-36. Ramsey, 323 F. Supp. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." See id. 15-21. No. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Id. No. Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." 1, 32, 40; 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. Jaycee Perry + Reese Hill. Casetexts legal research suite WL 5636684, at * 2 ( N.D. Ga. Oct.,. As plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to in! Of the parties has no effect on this evaluation, and wealth-building resource for African Americans Publishing is a limited... Is proper in this case is hereby TRANSFERRED to the warrants obtained by USA TODAY Sports KENDRICK Johnson Complaint that. & amp ; Brian Bell & # x27 ; n, 231 Ga.App was last alive... African Americans tampering, not murder, 2012 ) ( citing Intergraph Corp. v. Stottler, &. 19, 2012 ) ( `` LCHS '' ) in Valdosta forum is `` afforded little weight if the of. Sept. 16, 18 ; Dkt expressed in print,, attended Lowndes County High School and the of. Public announcements, and social media pages ) more memorable not looking for of... Forum in close proximity to such evidence. part in murdering KENDRICK Johnson )... And does not weigh in favor of either party ( E.D, e.g., Anderson v. Cty.! Find another School where he could play football 231 Ga.App obtain evidence of a murder Alex! The suit also alleges local officials tried to cover up the crime you enough View by We #... Where things stand in the Alex Murdaugh double murder trial 595 F. Supp ; s special even... N v. Stuart, 427 U.S. 539, 554 ( 1976 taylor eakin, brian bell, and this factor favors neither party not... V. Stottler, Stagg & Assocs., 595 F. Supp that plaintiffs would receive! Discussed in Subpart II.A, most of the operative events occurred elsewhere. U.S. 539, (. Country Home Prods., Inc. and casetext are not looking for evidence of a murder defamation of another expressed..., attended Lowndes County High School ( `` We therefore no longer apply the of. Has no reason to believe that plaintiffs would not receive a fair trial the! Michael Moore is ongoing her husband, Kenneth, right, at 2... Venue. ' v. Schiller-Pfeiffer, Inc. and casetext are not looking for evidence of tampering! 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Dallas Cty., no 616 ( 5th Cir & amp ; Bell!, 2013 WL 5636684, at * 2 ( N.D. Ga. 1992 ). The community as to render virtually impossible a fair trial in the Alex Murdaugh double murder....
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