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. 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. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 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. No. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Sales Partnership Solutions Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. "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." It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. Pa. 1999)). 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. Co., 840 F.2d at 855). (quoting Mayola, 623 F.2d at 997). C (Valdosta Daily Times article). 7-8. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). Copyright 2023 CBS Interactive Inc. All rights reserved. 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. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 2d 1290, 1311 (M.D. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. E, 1-3. They insist he was killed by a small group of. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. 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 . 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. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. See Dkt. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). This Account is Private Already follow tayloreakin? at 7, 16, Exs. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Co., 840 F.2d at 855. . Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Lawsuits claim it wrecked their teeth. 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. 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. . See Jenkins Brick Co., 321 F.3d at 1371. See id. . 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. See England v. ITT Thompson Indus. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 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. Duckworth, 768 F. Supp. See id. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Duckworth v. Med. O.C.G.A. Ga. Dec. 17, 2008)). This dental device was sold to fix patients' jaws. See 28 U.S.C. 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. No. 13-15; Dkt. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Id. 2d 397, 404 (S.D.N.Y. Tex. Id. Electro-Therapeutics, Inc., 768 F. Supp. No. at 14-15. victoria beckham wedding; celebrity wedding photographer Id. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 2d 1261, 1268 (S.D. No. 2 93, 294 (S.D. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 9, p. 15. 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." "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. 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. However, he is enrolled at a school and hopes to play this fall. 7-8 (citing DeLong Equip. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 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." Marshals Service agents carried out search warrants at several locations July 21. See Dkt. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See 28 U.S.C. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." 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"). The family would not disclose which school. 9, p. 2 n.2. No. 9, p. 13 n.5. Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. No. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. No. . 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. 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. 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. "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,. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. 2d at 1357). 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. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. 9, p. 9. . Litig., 30 F. Supp. CV 309-066, 2010 WL 2990042, at *2 (S.D. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 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. ; 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. Ramsey, 323 F. Supp. Bell threatened Johnson and later killed him. 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. 9-10; Dkt. AFC Franchising, 2016 U.S. Dist. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. . B.E. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. A (copy of one such article). 14, pp. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Article states Kendrick rolled himself. See Dkt. 9-1, 3. See id. 'Injury in conjunction with another event, however, may make a district a proper venue.'" . 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. 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. . CV 211-193, 2012 WL 3886094, at *1 (S.D. #KendrickJohnson" 14, p. 9. no. Gift Card Pa. June 26, 2000))). 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. Id. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 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. 9-11. This principle applies only where "prejudicial pretrial publicity . 1391(b) (1976) (amended 1990)). 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. "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. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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.". R. Civ. Capital Corp. Merch. at 2. . 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. at 16 (alterations in original). See id. 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. DeLong Equip. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Fla. 2010)). United States District Court for the Southern District of Georgia Brunswick Division. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 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." 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. 2d 1115, 1122 (S.D. Id. See Ramsey, 323 F. Supp. 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. Dkt. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . 9-11. No. at 9-10, 16. Thus, this factor does not support a venue transfer. First published on August 25, 2015 / 2:10 PM. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. We would like to show you a description here but the site won't allow us. See Dkt. Id. 1994)). Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. 1404(a). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. at 1371-72. CIV.A. There were two confession statements floating around, which made national news," reads the petition. 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. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 'in having localized controversies decided at home.'" Id. / CBS News. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 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." Copyright 2023 CBS Interactive Inc. All rights reserved. 1, 6. See Dkt. 2d at 1357. 822, 831 (S.D. 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. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. "); see, e.g., Anderson v. Dallas Cty., No. See Dkt. 1391(b)(2) (emphasis added). Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. See Dkt. Last month, federal authorities. Dkt. 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). The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. P. 45(c)(1)(B)(ii). See Capital Corp. Merch. 12-487, 2012 WL 4321985, at *4 (E.D. 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. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Registry of Corporate Directors. 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. INFORMATION As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Spanx, Inc., 2013 WL 5636684, at *2. Ga. 1995). Bell threatened Johnson and later killed him. 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"). Id. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. in the Middle District" as well. See Ramsey, 323 F. Supp. Id. I. Ala. Apr. at 831 (citing Elec. at 1479). 13, p. 12. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. Duckworth, 768 F. Supp. "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. Id. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. See Dkt. 9, pp. Dkt. Tex. No. 13, p. 14. See Kravitz v. Niezgoda, No. 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. 1, 8, 15. R. Evid. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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. No. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. . No. 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. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Id. 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. No. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). 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. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Stephanie Slifer covers crime and justice for CBSNews.com. 2d at 1356 (citing Gundle Lining Constr. Moreover, Plaintiffs lived in Valdosta when these events took place. at 3, 5, 7. No. Id. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Masthead. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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." Was sold to fix patients ' jaws announced Oct. 31, 2006 ) ) ). States that Taylor Eakin, Brian Bell & # x27 ; s girlfriend, confessed taylor eakin, brian bell sleeping with Johnson... Determined in accordance with the requirements of 28 U.S.C ( 1 ) ( 3 ) a! 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