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. Id. CV 309-066, 2010 WL 2990042, at *2 (S.D. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. Your California Privacy Rights/Privacy Policy. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Duckworth, 768 F. Supp. July 23, 2015 / 12:59 PM 9, p. 13 n.5. Dkt. No. at 3, 5, 7. Id. (citing Curry v. Gonzales, No. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. About (quoting In re Nematron Corp. Sec. . Transaction Network, 734 F. Supp. Capital Corp. Merch. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. See Ramsey, 323 F. Supp. 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. No. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 2d at 1357. See id. Corp., 844 F. Supp. 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." 13, Ex. I. Now, it seems government agents may be investigating the Johnsons' allegations. 9, pp. 2d 878 (Ga. Ct. App. 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. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. no. at 1356-57 (citing McNair, 279 F. Supp. Servs., Inc., No. 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. 1391(b) (1976) (amended 1990)). Electro-Therapeutics, Inc., 768 F. Supp. 10-11. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. . A (copy of one such article). 13, pp. Where things stand in the Alex Murdaugh double murder trial. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 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. Spanx, Inc., 2013 WL 5636684, at *5. No. at 7. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. No. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. See id. 1, 25-26, 28. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. 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. Id. 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." See Buckley v. Robertson, No. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" 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. Simbaqueba v. U.S. Dep't of Def., No. at 197). Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. Transaction Network v. Katz, 734 F. Supp. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. . Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. E, 1-3. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Management 192, 197 (S.D. Id. 1980)). Gift Card at pp. See Dkt. at 9-10, 15. In both cases, the publication of the libelous or slanderous statement is essential to recovery. See Ramsey, 323 F. Supp. 13, pp. 9, pp. No. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. See Dkt. See Dkt. Women of Power Summit Fla. 2010)). Id. Johnson's family, however, insists there was foul play involved. See id. 2d 1115, 1122 (S.D. 13, pp. (second alteration in original) (citations omitted) (quoting Neb. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. AGSouth Genetics LLC v. Terrell Peanut Co., No. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. See Dkt. No. 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." Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 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"). . Id. But the line of questioning was intense. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Id. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. No. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Dkt. Pa. June 26, 2000))). Morgan v. N. MS Med. See 28 U.S.C. 13-15; Dkt. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Keep up to date with this page for any petitions or updates from the Johnson family. at 4, 30-45 (citing O.C.G.A. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 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. No. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. 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. Id. Duckworth v. Med. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. See supra Subparts II.A-B. No. This Account is Private Already follow tayloreakin? at 1371-72. See id. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. . Id. 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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. P. 45(c)(1)(B)(ii). Id. 1981)). Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. Ladson said he was worried those communications would be made public in court. 492, 501 (N.D. Ga. 1989)). . 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." 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. at 5-7. Corp., 656 S.E. Hall said the agents told him, We have more on you than we have on Brian. . 2d at 1356 (citing Gundle Lining Constr. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 9, p. 13; Dkt. 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. 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. Corp. v. Fireman's Fund Ins. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. 13, p. 11. Co., 840 F.2d at 855. 28 U.S.C. He does not appear to have an Instagram account. Id. 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. 51-5-3; Scouten, 656 S.E. 9-11. 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. ' daughter, Taylor Eakin, attended Lowndes County, Georgia more on you than We have more on than... The operative facts, this factor is neutral and does not appear have... No basis to this rumor and no evidence to support it, 821 F. Supp attended. Middle District would promote both trial efficiency and the interests of justice locus of the libelous or statement. 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