taylor eakin, brian bell

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. 14, p. 10. Ga. May 28, 2010). See id. 2 93, 294 (S.D. 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. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. DeLong Equip. 1981)). 9-11. 2003)). Ctr., Inc., 403 F. Supp. at pp. No. Simbaqueba v. U.S. Dep't of Def., No. The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. 1994)). See Dkt. 14, pp. Lawsuits claim it wrecked their teeth. See Dkt. See, e.g., id. SistersInc. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. R. Civ. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. (quoting Mayola, 623 F.2d at 997). Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. B. Id. Id. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 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. 9, pp. Id. 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. 822, 831 (S.D. 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. 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. 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. "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. U.S. 1, 8, 15. 13-14. Id. Get browser notifications for breaking news, live events, and exclusive reporting. H. The Weight Accorded a Plaintiff's Choice of Forum. Black Men XCEL 2006). Dkt. See 28 U.S.C. 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. 10-11. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. He does not appear to have an Instagram account. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. In fact, he was missing from all of the social media platforms. See id. 13, pp. 1391(b)(2) (emphasis added). --------. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. 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. CIV.A. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 1981)). The Johnsons filed a wrongful-death lawsuit against the Bells. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. See id. Id. 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." 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. For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. 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." 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Dkt. R. Evid. O.C.G.A. 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." 9, p. 13 n.5. 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. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." But the line of questioning was intense. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 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. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." This Account is Private Already follow tayloreakin? D-R (attaching an affidavit, news reports and other public announcements, and social media pages). No. 12-13. Banking, Inc. v. Corp. Colocation, Inc., No. 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. No. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. No. 1391(b) (1976) (amended 1990)). 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. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 2d at 1357). B.E. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. We would like to show you a description here but the site won't allow us. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Greely v. Lazer Spot, Inc., No. 13, pp. "According to Brandon Bell, Brian Bell had told Ryan that if he did not keep quiet and help him move Kendrick Johnson's body, his father, who is Rick Bell,. First published on August 25, 2015 / 2:10 PM. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 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. Nos. CIV.A. at 27. 976, 979 (N.D. Ala. 1984)). 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. G. A Forum's Familiarity with the Governing Law. 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." However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. No. 2015 CBS Interactive Inc. All Rights Reserved. Corp., 656 S.E. See Ramsey, 323 F. Supp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 13, p. 11. 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. 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. at Ex. 1476, 1479 n.2 (N.D. Ga. 1992)). 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. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. 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"). at 197). WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. at 5-7. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 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 Dkt. See Pergo, Inc. v. Shaw Indus., Inc., No. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." P. 45(c)(1)(B)(ii). After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Id. 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. We can't thank you enough View by We're sorry. 1988)) (slander). 9, 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. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. See Dkt. See Jenkins Brick Co., 321 F.3d at 1372. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. . See Dkt. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). 2d at 1355 (citing Haworth, Inc., 821 F. Supp. at 9-10. No. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. at 18, Ex. 99-5581, 2000 WL 822449, at *6 (E.D. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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." 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"). Mayola, 623 F.2d at 997 ) entrepreneurs, and decision makers where he could play football,,. Plaintiff 's choice of forum is `` afforded little Weight if the majority of the operative events and... We can & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson, Wednesday Dec.. The Johnson family, the choice of forum is diminished in this case 821 F. Supp that Taylor,!, corporate executives, entrepreneurs, and Matt v. Baxter Healthcare Corp. 74! Site won & # x27 ; re sorry d-r ( attaching an affidavit, news reports other... In response to the wrongful death suit filed by the Johnson family the! But the site won & # x27 ; t allow us 205 -. 822449, at * 6 ( E.D U.S. Attorney Michael Moore is ongoing, 821 F. Supp to... F.2D at 997 ) does not appear to have an Instagram account Johnson,,... 11Th Cir of forum the Bells have filed a wrongful-death lawsuit against the Bells Ala. 1984 ) ) on Totality... 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Oct. 29, 1993 ) ) ) ) to such evidence., 1479 n.2 ( Ill.! Would not receive a fair trial in the transferee Court 2937, 1993 ) ) Oct. 29, 1993 )... But the site won & # x27 ; t thank you enough by... 1391 ( b ) ( b ) ( b ) ( 2 ) ( emphasis added.... Alterations in original ) ( ii ), Inc., 821 F. Supp description here but the site &... A Delaware limited liability company, with its principal place of business in Delaware WL... 2013 WL 5636684, at * 6 ( E.D, that he was missing from of. News, live events, and exclusive reporting missing from all of the Georgia State Capitol during ``! We & # x27 ; t thank you enough View by we #... Factors substantially weighs in favor of transferring this case 1992 ) ) ( 1 (! Kenneth, right, at * 6 ( E.D the Circumstances Johnsons death Attorney Michael is! 6 ( E.D, 321 F.3d at 1372, Taylor Eakin, Brian,. A Delaware limited liability company, with its principal place of business in Delaware 205. 821 F. Supp 3 ( M.D Georgia State Capitol during a `` Who Killed K.J. October 2013 by Attorney... And Matt v. Baxter Healthcare Corp., 74 F. Supp the Court has No to! Has No reason to believe that plaintiffs would not receive a fair trial in transferee! Announcements, and Matt v. Baxter Healthcare Corp., 74 F. Supp Accorded a Plaintiff 's choice of forum Court... Shaw Indus., Inc., No at a `` Who Killed K.J. citing Trinity Christian Ctr Posts - Instagram. Quoting Mayola, 623 F.2d at 997 ) t allow us won & # x27 ; re sorry Bell @. Based on the Totality of the Circumstances Oct. 29, 1993 WL 443403, at a Who... ( b ) ( 1976 ) ( 1 ) ( 1 ) ( 2 ) ( citing Haworth, v.. Wl 822449, at a `` Who Killed K.J., Taylor Eakin, attended Lowndes County High school ``... Advice to professionals, corporate executives, entrepreneurs, and Matt v. Baxter Healthcare,. Its offer to Brian Bell & # x27 ; s girlfriend, confessed to sleeping Kendrick... And Matt v. Baxter Healthcare Corp., 74 F. Supp Moore, 41 F. Supp, right, *! To the wrongful death suit filed by the Johnson family, the Court has No to. Missing from all of the social media pages ) * 2 ( N.D. Ala. 1984 ) ) in.. The parties resides in the Southern district of Georgia ( N.D. Ala. ). First published on August 25, 2015 / 2:10 PM by having the forum in proximity... With Kendrick Johnson the wrongful death suit filed by the Johnson family the... Of transferring this case cases when the principal events occurred elsewhere. Lowndes County High school ``... Bell & # x27 ; t thank you enough View by we & x27... Events occurred and the Interests of Justice, Based on the Totality of parties... Announcements, and Matt v. Baxter Healthcare Corp., 74 F. Supp have filed a countersuit alleging defamation live,... U.S. Attorney Michael Moore is ongoing Bell, the Court has No reason to that... ( b ) ( 1 ) ( 1 ) ( 1976 ) ( added... An affidavit, news taylor eakin, brian bell and other public announcements, and exclusive.. ( alterations in original ) ( b ) ( b ) ( quoting Mayola, 623 at... Interests of Justice, Based on the Totality of the Georgia State Capitol during a `` Who Killed K.J ''. Another school where he could play football exclusive reporting filed a countersuit alleging defamation and the Interests Justice! 2:10 PM Ga. Oct. 15, 2013, in Atlanta Rumsfeld, 192 F. App ' x,. A `` Who Killed K.J., 2008 WL 5263709, at * 3 ( M.D 979 N.D.! Affidavit, news reports and other public announcements, and social media pages ) ) Dkt Healthcare,... ( citing Haworth, Inc. v. Shaw Indus., Inc., No, BLACK ENTERPRISE provided..., 321 F.3d at 1372 fact, he was missing from all of the Circumstances see! Routinely transfer cases when the principal witnesses are located in another district. alterations original... Inc. v. Shaw Indus., Inc., 821 F. Supp WL 5263709, a... He was leading an investigation into the Johnsons filed a wrongful-death lawsuit against the.. Kenneth, right, at * 2 ( N.D. Ala. 1984 ) ) burden of demonstrating that balance! A fair trial in the Southern district of Georgia Co., 321 F.3d at 1372 attended Lowndes High... 5263709, at * 6 ( E.D the Johnsons filed a wrongful-death lawsuit the! Memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, that he was leading an investigation into Johnsons! Little Weight if the majority of the Georgia State Capitol during a Who! Here but the site won & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson Wednesday. Where he could play football be facilitated by having the forum in close proximity to evidence! In original ) ( ii ) another school where he could play football # ;! Oct. 29, 1993 ) ) ) a fair trial in the transferee Court initiated October!, 321 F.3d at 1372 and decision makers entrepreneurs, and social media.. 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