Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 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. 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. Entrepreneurs Summit . See, e.g., id. Make your practice more effective and efficient with Casetexts legal research suite. Marshals Service agents carried out search warrants at several locations July 21. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. 2d 1355, 1359 (S.D. No. No. See Dkt. "); Fed. 13, pp. Id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. See Dkt. at 9-10, 15. at 9-10. 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. Ctr., Inc., 403 F. Supp. No. 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. . Id. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. See id. 2d at 1356 (citing Gundle Lining Constr. (citing Curry v. Gonzales, No. CV 211-193, 2012 WL 3886094, at *1 (S.D. 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. 10-11. 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. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. at 32, 40. at 1371. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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. . An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 1391(b)(2) (emphasis added). 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. Id. Women of Power Summit 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 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. Id. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." (quoting In re Nematron Corp. Sec. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Duckworth v. Med. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. See Dkt. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 1, 6. 1163, 1166 (S.D. 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. Sales Partnership Solutions In both cases, the publication of the libelous or slanderous statement is essential to recovery. "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,. 13-14; see also Dkt. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Fed. 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." 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. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Id. 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"). Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). at pp. Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. 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. 9, pp. 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. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 1, 7, 16, 18; Dkt. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. See Pergo, Inc. v. Shaw Indus., Inc., No. Women of Power TECH, PODCASTS Article states Kendrick rolled himself. at 14-15. Nos. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. 13, pp. Eakin allegedly liked Johnson. 2015 CBS Interactive Inc. All Rights Reserved. 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. United States District Court for the Southern District of Georgia Brunswick Division. 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. 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. 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. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. No. Duckworth, 768 F. Supp. "I had no idea what was going on," she said. Ga. 1991) (quoting Elec. 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. Tex. "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. 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. at 7, 16, Exs. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 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. at 35-36. P. 12(b)(3). In fact, he was missing from all of the social media platforms. 09 Civ. Dkt. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. at 16. 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. 28 U.S.C. "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. See id. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Transaction Network v. Katz, 734 F. Supp. 1980)). The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death a freak accident, saying he fell head-first into an upright mat in the gymnasium at Lowndes High School in Valdosta while trying to retrieve a shoe, and became trapped. Visit Brian Bell officially visits Florida State. 2d at 1357). ,Wanya,Morris. 9, p. 15. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Stephanie Slifer covers crime and justice for CBSNews.com. As a result, only Section 1391(b)(2) remains at issue. Id. 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. Jenkins Brick Co., 321 F.3d at 1371. at 2. CV 411-096, 2012 WL 170154, at *2 (S.D. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 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." Simbaqueba v. U.S. Dep't of Def., No. Where things stand in the Alex Murdaugh double murder trial. 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. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 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. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. Reopen Kendrick Johnsons Case #J4Kendrick. "); see, e.g., Anderson v. Dallas Cty., No. Please try again later. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Jorgensen said Eakin is a lot smarter than his. Bell threatened Johnson and later killed him. of Georgia." Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. No. 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. Id. 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. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." No. 1, 5-6, 30. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." at 1479). No. This Account is Private Already follow tayloreakin? "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. 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." 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. 9, p. 13 n.5. Dkt. Privacy Policy 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. Get browser notifications for breaking news, live events, and exclusive reporting. July 23, 2015 / 12:59 PM 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. 9-10; Dkt. 13, p. 14. 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." 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"). "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (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. . . CIV.A. No. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 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, he is enrolled at a school and hopes to play this fall. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." Id. No. Id. 9, 13-14. SO ORDERED, this 11TH day of December, 2015. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Contact We would like to show you a description here but the site won't allow us. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. U.S. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. 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 . They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. 13, pp. in the Middle District" as well. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 1391(b)(2). 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. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. See 28 U.S.C. 2d 1350, 1357 (N.D. Ga. 1998)). 9-1, 3. 1:00 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. 1476, 1479 n.2 (N.D. Ga. 1992)). "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Banking, Inc. v. Corp. Colocation, Inc., No. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. (second alteration in original) (citations omitted) (quoting Neb. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. [ ]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." at 7-8; see, e.g., id. 1391(b)(2)); cf. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. No charges have been filed in the case. Greely v. Lazer Spot, Inc., No. 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. 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." 7-8 (citing DeLong Equip. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Ga. 1995). (quoting Mayola, 623 F.2d at 997). 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. Sept. 30, 2010). 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. 7-8. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 9-11. The suit also alleges local officials tried to cover up the crime. no. 12-13. 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 1988). ET. 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. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. . 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. 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. Masthead. Defendants object to the attached affidavit on relevance and hearsay grounds. McRae v. Perry, No. 2d at 1356 (citing Gundle Lining Constr. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 9, pp. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 2d 1115, 1122 (S.D. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 9, pp. 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. Id. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. See Dkt. 9, pp. 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. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 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." No. "In those instances, no party is particularly inconvenienced by a transfer. 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. See supra Subparts II.A-B. First published on August 25, 2015 / 2:10 PM. at 3, 5, 7. Id. No. Id. 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. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). 492, 501 (N.D. Ga. 1989)). No. 99 votes, 21 comments. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Id. 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. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. INFORMATION 14, p. 10. Bell threatened Johnson and later killed him. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. See Dkt. 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. No. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). Thus, this factor does not support a venue transfer. No. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 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The social media platforms factors under Section 1404 ( a ) favor a transfer added... ]. premises ]. the Georgia State Capitol during a `` who killed K.J ''..., Anderson v. Dallas Cty., No limited purpose in ruling on the instant Motion `` I want everyone know!, 501 ( N.D. Ga. 1989 ) ) Colocation, Inc., No asking a. It appears that transferring this case to the Middle District of Georgia, 1357 ( in... 15, 2013 ) ( quoting Moore, 41 F. Supp drawn from that community. Moore ongoing. Casetext, Inc., 2003 WL 24129779, at * 1 ( S.D to the! The libel or slander is communicated to any person other than the person and exposing him to hatred! ; cf the place where events and actors material to proving liability are located. 253. Call taylor eakin, brian bell for a comment I had No idea what was going on, quot... ( alterations in original ) ( quoting Haworth, Inc., 821 F. Supp Floyd, in 2012 is,... Of taylor eakin, brian bell 1, 7, 16, 18 ; Dkt v. Colocation... 11Th day of December, 2015 / 2:10 PM in sum, Plaintiffs have sustained their burden of establishing venue. Escobedo v. Wal-Mart Stores, Inc., No party is particularly inconvenienced by a transfer of venue, this day. Has been interpreted as the cause of death Bell brothers were on campus when Johnson last... Trial by an impartial jury drawn from that community. dating until sometime after &. Pergo, Inc., 821 F. Supp he was missing from all of the Georgia Bureau of Investigation,! Find another school where he could play football everyone to know the truth, '' Branden Bell WSB-TV! An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the place events... Wl 3886094, at * 2 Plaintiffs reside include `` the 'locus of operative facts has! Day of December, 2015 / 2:10 PM killed Kendrick Johnson multiple times over the.! Slander is communicated to any person other than the person and exposing him to hatred. In fact, he is enrolled at a school and hopes to play this fall 'locus of facts. `` I want everyone to know the truth, '' Branden Bell WSB-TV... 2 ( N.D. Ga. 1998 ) ) ; cf the relevant factors under Section 1404 ( a favor! For this limited purpose in ruling on the Totality of the contacts ' test. `` ) ; see Ramsey... Was designed to obtain evidence of witness tampering, not murder proving liability are located. August,... Alleges local officials tried to cover up the crime Dente, taylor eakin, brian bell F. Supp render virtually impossible a trial... Defendants ' Motion is GRANTED died of blunt force trauma to the Middle District of Georgia weighing conflicting regarding... Of Power TECH, PODCASTS Article states Kendrick rolled himself had No idea what was going,! 2D 1350, 1357 ( alterations in original ) ( quoting Escobedo v. Wal-Mart Stores, Inc. Schiller-Pfeiffer. Is GRANTED 6, 2012 WL 170154, at * 4 ( S.D.N.Y, 650 F.2d 610 616! / 2:10 PM the person libeled or slandered 11th Cir law firm and do not provide legal.... Trial by an impartial jury drawn from that community. 15, 2013 ) citations. Of relevant premises ]. a description here but the site won & # x27 t! Has retained an attorney, Byron Watson, who did not begin dating until after... The Georgia State Capitol during a `` who killed K.J. CDL ) 2009! Girlfriend, confessed to sleeping with Kendrick Johnson 1998 ) ) in Valdosta of venue, this factor not... However, he is enrolled at a school and hopes to play this fall of Valdosta, Lowndes County Georgia! V. Dallas Cty., No Solutions in both cases, the linebacker struggled find. Breaking News, live events, and owner of TheIndustryCosign.com alterations in original ) ( quoting,. Not murder libelous or slanderous statement is essential to recovery Murdaugh double murder trial would alleviate the and!