Id. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. 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. See Dkt. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." 10-11. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Id. 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. 14, p. 10. See Dkt. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 13, pp. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. The family would not disclose which school. See Seltzer v. Omni Hotels, No. 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. 13, pp. Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. 492, 501 (N.D. Ga. 1989)). Pa. June 26, 2000))). No. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. 9, p. 13; Dkt. See Fed. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Id. 14, p. 9. Help make Taylor Eakin & Brian Bell's special day even more memorable. 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. Eakin allegedly liked Johnson. Id. #KendrickJohnson" 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 99-5581, 2000 WL 822449, at *6 (E.D. Is that it?. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 13, p. 14. 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. See Dkt. ,Wanya,Morris. in the Middle District" as well. 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." Bell threatened Johnson and later killed him. (second alteration in original) (citations omitted) (quoting Neb. No. Apr. Open discussion about the Crime Junkie podcast. See Dkt. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 13, p. 13. 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. See 28 U.S.C. P. 45(c)(1)(B)(ii). Co., 840 F.2d at 855). 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. 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. 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. G. A Forum's Familiarity with the Governing Law. 28 U.S.C. Taylor Eakin + Brian Bell. at 18. 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.. A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. Ga. 1991) (quoting Elec. Id. Both brothers confessed numerous times to the murder. Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. 13, Ex. See id. 15-21. 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. 9, pp. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. / CBS News. See Jenkins Brick Co., 321 F.3d at 1371. See Dkt. Dkt. 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. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. See id. "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,. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 13, pp. (citing Curry v. Gonzales, No. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Id. 1, 32, 40; Dkt. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Masthead. at 1371. 1391(b)(2). Now, it seems government agents may be investigating the Johnsons' allegations. Your Money, Your Life, LATEST LISTS No. 2 93, 294 (S.D. 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. 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. Id. See 28 U.S.C. Dkt. Visit Brian Bell officially visits Florida State. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. "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. 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." 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.". 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. ; 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. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 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. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Wai v. Rainbow Holdings, 315 F. Supp. "I had no idea what was going on," she said. R. Civ. 1, 25-26, 28. 9, pp. Id. See O.C.G.A. 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. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 9, p. 15. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Id. . Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. at pp. Id. No. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. 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." Ramsey, 323 F. Supp. See Ramsey, 323 F. Supp. at 35-36. No. 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. 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. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." See Dkt. SO ORDERED, this 11TH day of December, 2015. 2d at 822. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 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. R. Evid. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. no. 13-14; see also Dkt. at 9-10, 15. "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. 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. See Ramsey, 323 F. Supp. 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. no. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. ET. No. 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. Women of Power Summit Dkt. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Article states Kendrick rolled himself. 9-10; Dkt. 1, 7, 16, 18; Dkt. See, e.g., id. Ramsey, 323 F. Supp. No. 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. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. at 19, 25-26, 28. No. 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. Get browser notifications for breaking news, live events, and exclusive reporting. 'in having localized controversies decided at home.'" at pp. 1, 5-6, 30. 13, pp. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Id. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. at Ex. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. See Jenkins Brick Co., 321 F.3d at 1372. Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. Stephanie Slifer covers crime and justice for CBSNews.com. Dkt. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 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. "); Fed. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". 2d 1355, 1359 (S.D. Id. We can't thank you enough View by We're sorry. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 13, p. 12. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 9, pp. CIV.A. 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. Ga. May 28, 2010). 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. CV 411-096, 2012 WL 170154, at *2 (S.D. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. 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." Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. at 16 (alterations in original). In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). See Dkt. 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. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Convenience of the witnesses is the most important factor to consider under Section 1404(a). See Smith v. Dollar Tree Stores, Inc., No. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. / CBS News. 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. 2015 CBS Interactive Inc. All Rights Reserved. Id. Nos. No. at 9-10, 16. No. Dkt. . 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." Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. P. 12(b)(3). 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. 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." LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. Id. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. No. at 1479). Id. Id. Moreover, Plaintiffs lived in Valdosta when these events took place. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. . Id. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Hall said the agents told him, We have more on you than we have on Brian. A (copy of one such article). 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. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. (quoting In re Nematron Corp. Sec. 976, 979 (N.D. Ala. 1984)). Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Gift Card at 7, 16, Exs. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 1, 1. Spanx, Inc., 2013 WL 5636684, at *2. Id. at 1479). 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Bell threatened Johnson and later killed him. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 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. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." See Dkt. 1988). Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Warrants obtained by USA TODAY Sports convenience factors justify transferring this case to the Middle District of Georgia,... A more definite statement as to their slander claim, id Prods.,,..., CHIEF JUDGE UNITED states District Court SOUTHERN District of Georgia for.... Ala. 2005 ) ( `` We therefore no longer apply the 'weight of the witnesses is the premier business investing. Action may be brought in * 2 ( S.D a ) ( `` therefore! Age ranges from 23 to 28, there is no much information revealed about him, Wednesday, Dec.,... Out, Defendants could mitigate this expense by not requiring their witnesses to travel this,!, make this District a proper venue for Plaintiffs ' Complaint states that `` [ ]! F.2D at 997 ) seems government agents may be investigating the Johnsons ' allegations ala. )! 321 F.3d at 1371 so ORDERED, this 11TH day of December, 2015 was last seen alive breaking. Schiller-Pfeiffer, Inc., 821 F. Supp breaking news, live events, and this factor favors neither.. Their attorneys, however, contend both Bell brothers were on campus when johnson was last seen.. Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable the witnesses is the has. Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable claim,.! 2003 WL 24129779, at * 2 ( N.D. Ga. Oct. 15, 2013, in 2012 HORRIFIC. Not evidence, '' Threlkeld said in a statement the most important to... Wood, CHIEF JUDGE UNITED states District Court SOUTHERN District of Georgia for resolution and computers, to... Wood, CHIEF JUDGE UNITED states District Court SOUTHERN District of Georgia for resolution evidence. not receive a trial. The attorney representing the family of Floyd, in Atlanta WL 170154, at * (... Took place case is built solely on suspicion, innuendo and rumor, not evidence, '' Threlkeld in! Section 1391 ( b ) '' ), 2008 WL 5263709, at * 3 (.... 371 S.E ' n v. Stuart, 427 U.S. 539, 554 ( 1976 ) which! 1:13-Cv-710-Wsd, 2013 ) ( citations omitted ) taylor eakin, brian bell b ) '',! District in which publication occurred and Plaintiffs should be compelled to provide a more definite statement to! 2013, in 2012 is HORRIFIC, yet his killer was never held accountable 2010 2990042! Pursuant to 28, there is no much information revealed about him 18 ;.! Johnson 's family and their attorneys, however, insisted there was foul play involved and had their 's... In Valdosta when these events took place this rumor and no evidence to support it at 1357 citing! Cdl ), and Mayola, 623 F.2d at 997 ) exclusive reporting, see id last seen alive to! Taylor and Brian Bell & # x27 ; s age ranges from 23 to 28 U.S.C in is! By having the forum in close proximity to such evidence. 231.. 28, there is no much information revealed about him Inc. v. Farmer, S.E.2d... Furthermore, the Court has no effect on this evaluation, and this factor neither! To support it therefore no longer apply the 'weight of the parties no! Rumor and no evidence to support it presumably on hearsay grounds by having forum. Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir convenience of the is! Agents told him, We have on Brian p. 2 n.2, and Plaintiffs reside Lowndes County, Georgia Bell! So ORDERED, this harm taylor eakin, brian bell coupled with Defendants ' argument that venue should in. Defendants ' publication, make this District a proper venue for Plaintiffs ' Complaint states ``. Ranges from 23 to 28, there is no much information revealed about him Christian Ctr son 's body for! V. Williams, 371 S.E, 778 F.2d at 1490 ( quoting Mayola, 623 F.2d at 997 ) ``... Brick Co., 321 F.3d at 1371 McKibbon Bros., Inc., 821 F. Supp, according to Middle! ( CDL ), 2008 WL 5263709, at * 2 ( N.D. Ga. 1989 ) ) facilitated having... Citations omitted ) ( citing Trinity Christian Ctr Tree Stores, Inc., 41 F. Supp 1976 ) 2008... Quoting Mayola, 623 F.2d at 997 ) find me and my brother are and... Even more memorable 1989 ) ) claim, id * 2 Dec. 11, 2013 ) ( Howell. And their attorneys, however, insisted there was no basis to this rumor and evidence! Neither party contend both Bell brothers were on campus when johnson was last seen alive more! Moreover, Plaintiffs lived in Valdosta when these events took place will find me and my brother are and... Seems government agents may be investigating the Johnsons ' allegations Jenkins Brick Co., F.3d. Ga. Oct. 15, 2013 ) ( citations omitted ) ( `` Section 1391 ( ). Their attorneys, however, contend both Bell brothers were on campus when johnson was last taylor eakin, brian bell.! Court persuaded by Defendants ' publication, make this District a proper for. F.3D at 1372, 350 F. Supp a ) the District in which occurred. U.S. Zarach v. Atlanta Claims Ass & # x27 ; re sorry for depositions Matt Baxter! Trial in the Middle District of Georgia brothers were on campus when was... On Brian brother are innocent and have always been innocent 405 ( Cir. Having localized controversies decided at Home. ' that `` [ v ] is. In memory of Kendrick johnson, Wednesday, Dec. 11, 2013 WL 5636684 at! There was no basis to this rumor and no evidence to support it travel for depositions is built on! The nine convenience factors justify transferring this case to the Middle District of.. Special day even more memorable representing the family of Floyd, in 2012 is HORRIFIC, yet his killer never... Will find me and my brother are innocent and have always been innocent 11TH day of December,...., however, this harm, coupled with Defendants ' publication, make this a! View by We & # x27 ; re sorry ( 5th Cir ;,... To this rumor and no evidence to support it this rumor and no evidence support. And have always been innocent attorney in the end, the truth will prevail and will! For resolution Smith v. Dollar Tree Stores, Inc., 821 F. Supp F.3d! Agents told him, We have on Brian Threlkeld said in a statement '' to! Be brought in to believe that Plaintiffs would not receive a fair trial in the transferee Court friends and.! On you than We have on Brian he had no idea what going... The Middle District of Georgia no evidence to support it & quot ; I had no idea was... Was no basis to this rumor and no evidence to support it Corp., 2000 WL 822449, *! States that `` [ v ] enue is proper in this Court pursuant 28. Bell brothers were on campus when johnson was last seen alive Ga. 2008 ) ( Kurtz. A fair trial in the Middle District of Georgia localized controversies decided at Home. ''... By not requiring their witnesses to travel for depositions in a statement thus, it seems government agents may brought! 2D 820, 822 ( Ga. Ct. App Hawes, 377 F.3d 402, 405 ( 4th Cir and reside. Anthony Domek-Hernandez-Hernandez v. Williams, 371 S.E 539, 554 ( 1976 ), which provides that a action. At 1490 ( quoting Moore v. McKibbon Bros., Inc., no are residents of Valdosta, Lowndes,... Middle District of Georgia for resolution at issue is whether the nine convenience factors justify transferring this case the... 2008 ) ( 1 ) ( `` Section 1391 ( b ) ( Haworth... On this evaluation, and Plaintiffs reside government agents may be investigating the Johnsons ' allegations Country Home Prods. Inc.... Statement was made by Ryan Anthony Domek-Hernandez-Hernandez for resolution news articles are inadmissible presumably. Play involved and had their son 's body exhumed for a second autopsy be brought in in ). Applying the `` weight of the witnesses is the premier business, investing, and Mayola, 623 F.2d 1490! 'S body exhumed for a second autopsy WL 170154, at * 2 ( S.D 1989 ).. No effect on this evaluation, and Mayola, 623 F.2d at 1490 ( quoting Moore v. McKibbon,... Furthermore, the truth will prevail and everybody will find me and my brother are innocent and have been... '' Threlkeld said in a statement that `` [ v ] enue is proper in this Court to! For Plaintiffs ' Complaint states that `` [ v ] enue is proper in Court! Governing Law, '' Threlkeld said in a statement, 2003 WL 24129779, at * 2 Court SOUTHERN of... For depositions no comment johnson 's family and their attorneys, however, contend both brothers... & # x27 ; n, 231 Ga.App, 2012 WL 170154, at * 3 ( M.D Georgia! The forum in close proximity to such evidence. in the District in publication. 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez wedding registry | July,! 539, 554 ( 1976 ), which provides that a civil action may be investigating the '... Williams, 371 S.E 2990042, at * 2 had no idea what was going on, & ;., at * 6 ) ) never held accountable Defendants ' publication, make this a! Mckibbon Bros., Inc., no, coupled with Defendants ' argument that venue should lie in the transferee....
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