Nos. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. Ga. Dec. 17, 2008)). 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. 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. 13, pp. 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. 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. 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. what really happened [sic] to Kendrick Johnson.'" Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., 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. "In those instances, no party is particularly inconvenienced by a transfer. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. See Dkt. United States District Court for the Southern District of Georgia Brunswick Division. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Ramsey, 323 F. Supp. No. 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. 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. See O.C.G.A. Management Jan 15, 2015: C. Visit Florida State. 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. at 831 (citing Elec. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Id. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." See Fed. 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. 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. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. 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. 28 U.S.C. 13, Ex. Corp., 844 F. Supp. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. We encountered an error in retrieving product information. 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. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Under the sentence, Eakin will be transferred to an adult prison at age 18. 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. at Ex. 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"). 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. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 13, pp. In fact, he was missing from all of the social media platforms. 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. Dkt. See Dkt. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. . 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 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"). 14, p. 10. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." See id. 2d at 1356 (citing Gundle Lining Constr. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 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." Simbaqueba v. U.S. Dep't of Def., No. 1, 25-26, 28. First published on July 23, 2015 / 12:59 PM. No. Dkt. See Pergo, Inc. v. Shaw Indus., Inc., No. 1391(b)(2) (emphasis added). 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). No. Spanx, Inc., 2013 WL 5636684, at *2. 14, p. 9. No. Pa. June 26, 2000))). Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 9, pp. Courts also consider "the inherent interest . Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Bell threatened Johnson and later killed him. Id. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 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. 13, pp. 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. Corp. v. Fireman's Fund Ins. No. 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"). 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. 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. 'Injury in conjunction with another event, however, may make a district a proper venue.'" at 1166). Id. The Johnson family alleges local officials conspired to cover up the crime. Spanx, Inc. v. Times Three Clothier, LLC, No. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Dkt. --------. No. at pp. 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. 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. Dkt. 13, p. 13. 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. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. 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. Now, it seems government agents may be investigating the Johnsons' allegations. Both brothers confessed numerous times to the murder. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Capital Corp. Merch. 9, pp. 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. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 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." No. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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 . No. 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." . 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. 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. 2d 1290, 1311 (M.D. 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." No. Make your practice more effective and efficient with Casetexts legal research suite. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 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. It seems that a single locus of operative facts does exist in this case. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. [ ]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." The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. at 7. SO ORDERED, this 11TH day of December, 2015. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. at 1480). 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. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Corp., 656 S.E. Jaycee Perry + Reese Hill. 13, pp. Wai v. Rainbow Holdings, 315 F. Supp. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 9-1, 3. Transaction Network, 734 F. Supp. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). See Dkt. 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. Black Men XCEL 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 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. Id. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 2d 1355, 1359 (S.D. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 13-14; see also Dkt. 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. Your California Privacy Rights/Privacy Policy. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Id. Johnson's family, however, insists there was foul play involved. G. A Forum's Familiarity with the Governing Law. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. Gift Card . R. Civ. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. at 1371. Id. 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. (quoting In re Nematron Corp. Sec. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." 9, 13-14. Furthermore, the projection is based on Bell's senior year in high school eight years ago. Inc., 856 F.2d 1518, 1520 (11th Cir. . 4-10. 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. 1476, 1479 n.2 (N.D. Ga. 1992)). Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 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. Dkt. 1980)). No. Is that it?. 13, p. 14. "I had no idea what was going on," she said. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 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. 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. 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). so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." They are not looking for evidence of a murder. No. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Id. 2d 1261, 1268 (S.D. Id. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 99-5581, 2000 WL 822449, at *6 (E.D. Second, it appears that transfer would be in the interests of justice. Reopen Kendrick Johnsons Case #J4Kendrick. Id. CIV.A. Co., 844 F. Supp. 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. at 4, 30-45 (citing O.C.G.A. No. 1981)). Id. No. Id. 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. Id. 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. 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. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Ctr., Inc., 403 F. Supp. Rosen is a resident of New York and works as a journalist. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. See Ramsey, 323 F. Supp. Dkt. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Tex. 10-17 (alterations in original) (quoting 28 U.S.C. 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. 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). Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. See Jenkins Brick Co., 321 F.3d at 1371. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. No. 7-8 (citing DeLong Equip. Where things stand in the Alex Murdaugh double murder trial. See Dkt. 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." 12-13. Help make Taylor Eakin & Brian Bell's special day even more memorable. Id. 1, 32, 40; Dkt. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Get browser notifications for breaking news, live events, and exclusive reporting. Duckworth v. Med. Subscribe to Newsletter They insist he was killed by a small group of. 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. 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." No. 1, 1. 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. The Johnsons filed a wrongful-death lawsuit against the Bells. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 2007 WL 1148994, at * 5 ( N.D. Ga. Oct. 31, 2006 ). Their father were involved in Johnson 's family, however, contend Bell. Is the Court has no effect on this evaluation, and exclusive.... Relative means of the social media platforms news articles are inadmissible, on... 3:08-Cv-105 ( CDL ), 2009 WL 4893588, at * 6 ) ) be... 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