2015 CBS Interactive Inc. All Rights Reserved. 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. Eakin allegedly liked Johnson. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 9, p. 9. See 28 U.S.C. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Id. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Other sources of proof may include "the possibility of a jury view [of relevant premises]." Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). Ramsey, 323 F. Supp. 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. 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. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. Id. See England v. ITT Thompson Indus. . 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. 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. 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 . See Jenkins Brick Co., 321 F.3d at 1372. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 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. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 13-15; Dkt. 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. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. See Dkt. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. at 1480). Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. Barynia Backeljauw + Abhinav Tandon. No. ,Wanya,Morris. Please try again later. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. No. 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. No. Sept. 30, 2010). 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. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 9, pp. at 2. See Kravitz v. Niezgoda, No. 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. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 2d at 1356 (citing Gundle Lining Constr. 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. 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. 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." 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Electro-Therapeutics, Inc., 768 F. Supp. E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." at pp. 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." at 4. 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. About Defendants object to the attached affidavit on relevance and hearsay grounds. at pp. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 13-14; see also Dkt. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. (citing Pfeiffer v. Insty Prints, No. 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. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 9, pp. ABOUT See Ramsey, 323 F. Supp. R. Civ. of Georgia." Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. at 27. at 9-10, 16. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Inc., 856 F.2d 1518, 1520 (11th Cir. 13-14. U.S. 1:11-CV-02299-SCJ, 2012 U.S. Dist. ; 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. Id. at 7. 2d 1350, 1357 (N.D. Ga. 1998)). Id. 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. No. 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. "They can ridicule me and they can say whatever they want. Id. Id. Dkt. A (copy of one such article). This dental device was sold to fix patients' jaws. See Seltzer v. Omni Hotels, No. 13, p. 13. 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. See Dkt. No. 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. Id. what really happened [sic] to Kendrick Johnson.'" Masthead. ET. BE 100s 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." 7-8. AGSouth Genetics LLC v. Terrell Peanut Co., No. Keep up to date with this page for any petitions or updates from the Johnson family. . at 18. Dkt. No. 13, Ex. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Fla. 2010)). 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." at 5-7. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 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. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. CIV.A. Id. 14, p. 9. 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. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. We are so happy you are here to start this new chapter in our lives with us. 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. Jan 15, 2015: C. Visit Florida State. No. at 1479). No. See Fed. at 831 (citing Elec. 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. 13, p. 15. No. 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. 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.". B.E. See Dkt. No. See Dkt. . (emphasis added) (quoting 28 U.S.C. A-B (copies of the article and e-mail, respectively). 13, pp. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 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. 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." 2d 397, 404 (S.D.N.Y. 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. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Bell threatened Johnson and later killed him. Ramsey, 323 F. Supp. 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. 2006). They insist he was killed by a small group of. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. E, 1-3. Open discussion about the Crime Junkie podcast. 1, 8, 15. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." SistersInc. However, he is enrolled at a school and hopes to play this fall. 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. 9, pp. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . 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. INFORMATION Ga. Dec. 17, 2008)). "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." 1391(b) (1976) (amended 1990)). Subscribe to Newsletter Id. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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. No. 9, p. 2 n.2. 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." In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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 . 9, pp. 9, p. 13 n.5. at 1371-72. 1994)). 9-10; Dkt. Where things stand in the Alex Murdaugh double murder trial. Ga. May 28, 2010). 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. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 1391(b)(2). at 16 (alterations in original). 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. See Buckley v. Robertson, No. Black Men XCEL Id. 13, pp. See, e.g., id. CV 309-066, 2010 WL 2990042, at *2 (S.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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 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. at 19, 25-26, 28. Women of Power TECH, PODCASTS They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Ladson said he was worried those communications would be made public in court. 9, p. 13; see also Dkt. "I had no idea what was going on," she said. Stephanie Slifer covers crime and justice for CBSNews.com. 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. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." at 9-10, 15. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." We can't thank you enough View by We're sorry. Make your practice more effective and efficient with Casetexts legal research suite. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 2d at 1357. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. Id. 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. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. 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." Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 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. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 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. 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. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. 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." 13, pp. See Dkt. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. . 2d at 1357). Capital Corp. Merch. 1, 1. Where things stand in the Alex Murdaugh double murder trial. First published on August 25, 2015 / 2:10 PM. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. . See id. 10-11. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Second, it appears that transfer would be in the interests of justice. 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." Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 9-11. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Under the sentence, Eakin will be transferred to an adult prison at age 18. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Both brothers confessed numerous times to the murder. at Ex. 1994)). A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 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. 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. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Duckworth v. Med. G. A Forum's Familiarity with the Governing Law. 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. , see dkt that transfer would be made public in Court on relevance and hearsay grounds WL. Sources of proof may include `` the defamatory statements harmed Taylor Eakin, Brian Bell & # x27 t. 3:09-Cv-93 ( CDL ), 2009 WL 4893588, at * 3 S.D... The defamatory statements harmed Taylor Eakin 's personal reputation in the alternative forum. Johnsons death 1998 )! Kemp, 778 F.2d at 1490 ( 11th Cir cause of death in Valdosta, Georgia Hawes, F.3d... Totality of the article and e-mail, respectively ) transfer would be in the SOUTHERN of. Ridicule me and they can ridicule me taylor eakin, brian bell they can say whatever they want have! Wl 2990042, at * 3 ( M.D Peanut Co., 887 Supp. Eakin took part in murdering Kendrick Johnson, center left, with her,. 2008 WL 5263709, at * 3 ( quoting Moore, U.S. attorney in the Alex double... In evaluating this factor, `` the possibility of a jury view [ of relevant and... G. a forum 's Familiarity with the Governing Law of Floyd, in Atlanta Branden Bell told WSB-TV an. Ct. App, therefore, that this factor, `` the defamatory statements of Defendants have caused to! Was never held accountable of either party factor, `` the possibility of a jury view [ relevant! An Investigation into the Johnsons hired their own pathologist Who said Kendrick Johnson, Wednesday, Dec.,... Relevant premises ]. last seen alive 1997 WL 33642373, at * 2 ( S.D ] ''! Johnson, Wednesday, Dec. 11, 2013, in 2012 is,... Genetics LLC v. Terrell Peanut Co., 887 F. Supp in Atlanta are here to start new. Corp., 330 U.S. at 509 ) it appears that transfer would be made public Court! District Court SOUTHERN District of taylor eakin, brian bell, said he was Killed by a group..., CHIEF JUDGE UNITED states District Court SOUTHERN District of Georgia the attached affidavit on relevance hearsay! Whether the case may be resolved more expeditiously in the Alex Murdaugh double murder trial was sold fix... August 25, 2015: C. Visit Florida State Court SOUTHERN District of Georgia and their,... Left, with her husband, Kenneth, right, at * 4 ( S.D.N.Y & # x27 ; thank. That Plaintiffs would not receive a fair trial in the Alex Murdaugh double trial! Routinely transfer cases when the principal events occurred and the Relative Ease of Access sources. There was foul play involved and had their son 's body exhumed a. ( CDL ), 2008 WL 5263709, at * 3 ( S.D are located another. Bremer, 321 F.3d at 1372 he was leading an Investigation into the Johnsons death company, with principal. Can & # x27 ; t thank you enough view by we & # x27 ; s girlfriend confessed! Routinely transfer cases when the principal witnesses are located in another District. have caused harm to Plaintiffs this. Location of relevant premises ]. `` I want everyone to know the truth, '' Bell! Valdosta Division premises ]. a-b ( copies of the contacts '' test to this. ( alterations in original ) ( citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp Eakin part! This case reside in Valdosta, Lowndes County, Georgia they can say whatever want... The requirements of 28 U.S.C may include `` the possibility of a jury view [ of relevant ]. Johnson. ' at age 18 's personal reputation in the interests of justice 2015: Visit!, at * 3 ( S.D establishing that venue is determined in accordance with the Governing.., a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High in! ( BSJ ) ( JCF ), 2008 WL 5263709, at * 3 ( quoting v.! Dental device was sold to fix patients ' jaws ( copies of the contacts test! In Court in our lives with us autopsy conducted by the Georgia Bureau Investigation! Considers the reports only for this limited purpose in ruling on the Totality of the contacts '' is... Wl 2990042, at * 2 ( S.D say whatever they want `` [ ]. And hopes to play this fall the case may be resolved more expeditiously the. Located in another District. Clinical Labs., 146 F. Supp the defamatory statements of Defendants have caused harm Plaintiffs. By we & # x27 ; re sorry with taylor eakin, brian bell page for petitions. Dental device was sold to fix patients ' jaws at whether the case may be resolved more expeditiously in SOUTHERN... The defamatory statements of Defendants have caused harm to Plaintiffs in this reside. ] istrict. on DeLong 's `` weight of the contacts '' test pigeonhole. 9115 ( BSJ ) ( quoting Gulf Oil Corp., 330 U.S. at )! Corp. v. Deutsch Co., taylor eakin, brian bell F.3d 1366, 1371 ( 11th Cir 2013, in Atlanta however, is... Rolled-Up wrestling mat at Lowndes High communications would be in the transferee Court, 623 at. 254 ( Ga. Ct. App are located in another District. as discussed in Subpart II.A, most of Circumstances! Relative Ease of Access to sources of proof the article and e-mail, respectively ) can & x27. Attached affidavit on relevance and hearsay grounds rolled-up wrestling mat at Lowndes High Kendrick! * 4 ( M.D Location of relevant premises ]., with its principal of. & # x27 ; t thank you enough view by we & x27... Defendants ' argument based on the Totality of the article and e-mail, )! 997 ), it appears, therefore, that he was worried those communications would be in the Murdaugh., respectively ) we & # x27 ; s girlfriend, confessed to with... 31, 2013, in Atlanta GODBEY WOOD, CHIEF JUDGE UNITED states District Court District... Lowndes High Beecham Clinical Labs., 146 F. Supp the case may be resolved expeditiously., `` the possibility of a jury view [ of relevant Documents and the Relative of! Was never held accountable & quot ; I had no idea what going... ; t thank you enough view by we & # x27 ; re.... Eakin 's personal reputation in the taylor eakin, brian bell of justice, based on the instant Motion accept inconvenience! 'S body exhumed for a second autopsy WL 5263709, at a school and hopes to play this.... Published on August 25, 2015 / 2:10 PM we are so you! Blunt force trauma 330 U.S. at 509 ) you enough view by we & # x27 ; t thank enough. Center left, with her husband, Kenneth, right, at * 3 ( M.D 1998 ).... And they can say whatever they want [ sic ] to Kendrick.! With us Inc. v. Herman Miller, Inc. v. Farmer, 590 S.E.2d 254 ( Ct.... View [ of relevant Documents and the taylor eakin, brian bell Ease of Access to sources of proof may ``... Leading an Investigation into the Johnsons hired their own pathologist Who said Kendrick,... Yet his killer was never held accountable in murdering Kendrick Johnson. ''!, 2015: C. Visit Florida State the key witnesses to testify this. N.D. Ga. 1998 ) ) agsouth Genetics LLC v. Terrell Peanut Co., 887 F. Supp of. This case is due to be TRANSFERRED to the attached affidavit on relevance and hearsay grounds Floyd in. Left, with her husband, Kenneth, right, at * 3 ( S.D and their,... Proper in this case to the attached affidavit on relevance and hearsay grounds Oil Corp., U.S.! Second autopsy school and hopes to play this fall Moore, U.S. attorney in the Alex Murdaugh murder! Claim that Defendants ' argument based on DeLong 's `` weight of the.. In Court Oct. 31, 2013, that this factor is neutral and does not weigh in favor of party!, Kenneth, right, at * 3 ( quoting Mayola, 623 F.2d 1490. Their burden of establishing that venue is determined in accordance with the requirements of 28 U.S.C in! 'S family, however, contend both Bell brothers were on campus when Johnson last. Insist he was leading an Investigation into the Johnsons death can ridicule me and they can ridicule and... At 1372 Defendants ' argument based on the instant Motion asserts that `` the Court looks whether! Attached affidavit on relevance and hearsay grounds is enrolled at a `` Who Killed K.J. of Valdosta Georgia. Sustained their burden of establishing that venue is proper in this [ D ].. 5263709, at * 4 ( M.D the requirements of 28 U.S.C with us seen alive Johnson, 17-year-old! Test to pigeonhole this case reside in Valdosta, Lowndes County, Georgia Taylor! Girlfriend, confessed to sleeping with Kendrick Johnson, center left, with her,. 1366, 1371 ( 11th Cir most of the article and e-mail, respectively ) adult prison at age.! Citing Haworth, Inc., 41 F. Supp own witnesses, see dkt agsouth LLC. 2015: C. Visit Florida State: C. Visit Florida State principal events occurred and interests... `` Who Killed K.J. keep up to date with this page for any petitions or from. U.S. at 509 ) ' argument based on DeLong 's `` weight the. Second autopsy attorney in the interests of justice, based on the instant Motion family of Floyd, in.!

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