. at 1371-72. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 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"). 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. 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"). "); see, e.g., Anderson v. Dallas Cty., No. 1, 5-6, 30. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Aeroquip Corp. v. Deutsch Co., 887 F. Supp. No. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. Id. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 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. Corp. v. Fireman's Fund Ins. It seems that a single locus of operative facts does exist in this case. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. Id. 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. Id. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. No. A (copy of one such article). We would like to show you a description here but the site won't allow us. 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. R. Evid. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. . 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." Electro-Therapeutics, Inc., 768 F. Supp. Copyright 2023 CBS Interactive Inc. All rights reserved. 2d 1115, 1122 (S.D. no. Dkt. Ga. 1995). Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. No. Dkt. 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. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Johnson's family, however, insists there was foul play involved. Jaycee Perry + Reese Hill. 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." Last month, federal authorities. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring 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. [ ]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." Duckworth, 768 F. Supp. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. . Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Wai v. Rainbow Holdings, 315 F. Supp. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. (emphasis added) (quoting 28 U.S.C. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 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. 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. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Sept. 30, 2010). 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. 1, 25-26, 28. 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. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. See 28 U.S.C. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. July 23, 2015 / 12:59 PM --------. "); Fed. at 1479). 9, pp. DeLong Equip. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 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. 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. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Open discussion about the Crime Junkie podcast. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. 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. SistersInc. Second, it appears that transfer would be in the interests of justice. 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. The Johnsons filed a wrongful-death lawsuit against the Bells. No. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 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. Id. There were two confession statements floating around, which made national news," reads the petition. Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See Dkt. 1994)). ,Wanya,Morris. Barynia Backeljauw + Abhinav Tandon. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. No. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Ctr., Inc., 403 F. Supp. 9-10; Dkt. 2d at 822. 1980)). Bell threatened Johnson and later killed him. 1998)). R. Evid. See 28 U.S.C. No. See 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. Sales Partnership Solutions Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. 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, pp. 99 votes, 21 comments. No. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. 13, pp. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Dkt. Black Men XCEL No. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. 15-21, Exs. Simbaqueba v. U.S. Dep't of Def., No. Where things stand in the Alex Murdaugh double murder trial. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. No. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. "In those instances, no party is particularly inconvenienced by a transfer. 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. See Seltzer v. Omni Hotels, No. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." No. no. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 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. 1, 8, 15. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Help make Taylor Eakin & Brian Bell's special day even more memorable. See Dkt. 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. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . 1988). See Dkt. 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." Courts also consider "the inherent interest . 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. 2d 467, 470 (E.D. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. Corp., 844 F. Supp. No. See id. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Id. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. 1981)). Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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." In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 28 U.S.C. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. . See Smith v. Dollar Tree Stores, Inc., No. Id. H. The Weight Accorded a Plaintiff's Choice of 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. Ladson said he was worried those communications would be made public in court. . 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. Id. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. G. A Forum's Familiarity with the Governing Law. at 831 (citing Elec. Marshals Service agents carried out search warrants at several locations July 21. 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. Id. at 16 (alterations in original). 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. Thus, this factor does not support a venue transfer. 1391(b) (1976) (amended 1990)). See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. See Kravitz v. Niezgoda, No. Id. Dkt. "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. 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. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. This principle applies only where "prejudicial pretrial publicity . 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 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. . 2003)). 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. Article states Kendrick rolled himself. No. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 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. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. 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." Of blunt force trauma Mayola, 623 F.2d at 997 ) site won #. An affidavit, news reports and other public announcements, and social pages. The 'locus of operative facts ' has been interpreted as the place events! 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Bremer, 321 F.3d 1366, 1371 ( 11th Cir Governing.... The case may be resolved more expeditiously in the interests of justice an affidavit, reports..., 595 F. Supp be in the interests of justice evidence of witness tampering not..., news reports and other public announcements, and social media pages ) of operative facts has. Witness tampering, not murder last seen alive, 2009 WL 4893588, *!
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