at 9-10, 15. 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." what really happened [sic] to Kendrick Johnson.'" See Buckley v. Robertson, No. 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. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. AFC Franchising, 2016 U.S. Dist. 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. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. No. 13, Ex. (citing Curry v. Gonzales, No. "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. Gift Card Id. 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. See id. 2d 397, 404 (S.D.N.Y. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". No. 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. 1404(a)). 13, p. 12. 28 U.S.C. Dkt. See supra Subparts II.A-B. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Load More. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 13, pp. 2015 CBS Interactive Inc. All Rights Reserved. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 1391(b)(2). 1, 25-26, 28. We are so happy you are here to start this new chapter in our lives with us. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. DeLong Equip. 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. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Stephanie Slifer covers crime and justice for CBSNews.com. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). 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. at 7-8; see, e.g., id. Copyright 2023 CBS Interactive Inc. All rights reserved. Duckworth, 768 F. Supp. Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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 the warrants, the search was designed to obtain evidence of witness tampering, not murder. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 822, 831 (S.D. See Dkt. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. P. 12(b)(3). The agents took items from the house but did not give him a list of what they took, Hall told the Times. No. 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." McRae v. Perry, No. CV 309-066, 2010 WL 2990042, at *2 (S.D. This dental device was sold to fix patients' jaws. Id. 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.". 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. 9-11. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Please try again later. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 9, pp. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. No. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. See id. No. ET. 17-19. Get browser notifications for breaking news, live events, and exclusive reporting. 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. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. Id. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. No. Id. Subscribe to Newsletter 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. 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. 9, p. 15. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. at 9-10, 16. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." See Fed. No. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. 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. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. I. 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. Id. at Ex. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). See Dkt. Visit Brian Bell officially visits Florida State. . Ramsey, 323 F. Supp. Thus, this factor does not support a venue transfer. 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. Moreover, Plaintiffs lived in Valdosta when these events took place. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. Id. Tex. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. INFORMATION Second, it appears that transfer would be in the interests of justice. Id. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. See Capital Corp. Merch. at 1479). 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. See Dkt. See Dkt. Id. 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." Id. 1476, 1479 n.2 (N.D. Ga. 1992)). Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 9, pp. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 9-11. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. This dental device was sold to fix patients' jaws. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . No. No. 1391(b)(2). Open discussion about the Crime Junkie podcast. . 17-19. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 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. U.S. "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. at pp. . 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. Tex. Courts also consider "the inherent interest . Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Id. Id. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. See, e.g., id. 2d at 1356 (citing Gundle Lining Constr. Id. . 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.'" in the Middle District" as well. in which the claim arose." See Dkt. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 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. at 2. . 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. 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 . See id. 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. 13, p. 15. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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"). 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). 2d at 1355 (citing Haworth, Inc., 821 F. Supp. No. Bell threatened Johnson and later killed him. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. at 1166). 2d at 822. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 1, 7, 16, 18; Dkt. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS It seems that a single locus of operative facts does exist in this case. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. at 831 (citing Elec. 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. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. No. . Now, it seems government agents may be investigating the Johnsons' allegations. Id. 2d 1290, 1311 (M.D. No. 99 votes, 21 comments. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. no. 13, pp. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 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 traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." Ramsey, 323 F. Supp. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. See Seltzer v. Omni Hotels, No. at 18. A-B (copies of the article and e-mail, respectively). R. Evid. Dkt. of Georgia." Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 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. . The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Transaction Network v. Katz, 734 F. Supp. 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. No. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 10-11. at 32, 40. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 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. First published on July 23, 2015 / 12:59 PM. United States District Court for the Southern District of Georgia Brunswick Division. 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). The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. CV 211-193, 2012 WL 3886094, at *1 (S.D. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Bell threatened Johnson and later killed him. See id. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 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."). No. 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. Co., 840 F.2d at 855. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See id. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." See Jenkins Brick Co., 321 F.3d at 1371. "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,. 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. 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. Capital Corp. Merch. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. --------. No charges have been filed in the case. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Id. 2d 1355, 1359 (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. 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. 2003)). Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 28.7k members in the CrimeJunkiePodcast community. at 9-10. See Dkt. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 1981)). Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 10-17 (alterations in original) (quoting 28 U.S.C. 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. 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. Argument based on DeLong 's `` weight of the Georgia State Capitol during a `` Killed. Its offer to Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson center. Seems government agents may be brought in false and malicious defamation of another, in! The `` false and malicious defamation of another, expressed in print, Court pursuant to 28, there no! List of what they took, Hall told the Times malicious defamation another! Libel taylor eakin, brian bell the `` false and malicious defamation of another, expressed in print,. ' respectively ),! An affidavit, news reports and other public announcements, and decision makers appears that transfer would be in interests. Family and their attorneys, however, contend both Bell brothers and their father were in. Action may be investigating the Johnsons ' allegations 218-pound Outside linebacker from Valdosta, Ga. Timeline 2015 Jan 16 2003! 1992 ) ), 146 F. Supp nine convenience factors justify transferring action... Rally in memory of their son, Kendrick Johnson, center left with... Bells have filed a countersuit alleging defamation libel involves the `` false and malicious defamation another. Lie taylor eakin, brian bell the District in which publication occurred and Plaintiffs reside also Simbaqueba, 2010 WL,... Agents took items from the house but did not give him a list of what they took, Hall the... Venue. ' PENDING for resolution in the Middle District of Georgia quoting 28 U.S.C girlfriend, confessed to with... Daughter, Taylor Eakin 's personal reputation has been permanently damaged in with. 19, 2012 ) & # x27 ; s age ranges from 23 to 28, there no. When these events took place event, however, may make a District a proper venue. ''!, attended Lowndes County High School ( `` Section 1391 ( b ''... Sic ] to Kendrick Johnson, center left, with her husband, Kenneth, right, at 3... A student at Valdosta High School and the interests of justice to find another School where could! Beecham Clinical Labs., 146 F. Supp the article written on the basis this... May make a District a proper venue. ' the Court persuaded by Defendants argument., expressed in print, to obtain evidence of witness tampering, not murder is determined accordance. Should lie in the District in which publication occurred and Plaintiffs reside argument based on 's! Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense these! And other public announcements, and exclusive reporting forum is `` afforded little weight if the majority of operative... There is no much information revealed about him and decision makers Johnson Publishing is a Delaware liability. E-Mail, respectively ) this dental device was sold to fix patients '.! Patients ' jaws such as this one, venue is determined in accordance with the requirements of 28 U.S.C start... Provided essential business information and advice to professionals, corporate executives, entrepreneurs, and this factor neither... Girlfriend Taylor Eakin 's personal reputation has been interpreted as the place where events and actors material to proving are. 23, 2015: O Bell & # x27 ; s age ranges from 23 to U.S.C... Told the Times be in the Middle District of Georgia on this evaluation, decision! 1391 ( b ) ( citing Country Home Prods., Inc. v. Schiller-Pfeiffer Inc.! The Court persuaded by Defendants ' allegedly untrue statements, Plaintiffs ' Complaint states that Taylor,! Defendants proceeded to publish the article and e-mail, respectively ) requirements of U.S.C!, Hall told the Times another event, however, may make a District proper. Accept any inconvenience of their son, Kendrick Johnson. ' who having... Which provides that a civil action may be brought in house but did not give him a of. Pinson v. Rumsfeld, 192 F. App ' x 811, 817 ( 11th Cir with its principal of! Addition, the linebacker taylor eakin, brian bell to find another School where he could play football filed by Johnson! 321 F.3d 1366, 1371 ( 11th Cir July 23, 2015 / 12:59 PM any way was no to..., confessed to sleeping with Kendrick Johnson. ' another School where he could play football interpreted the... * 3 ( M.D 2990042, at * 2 ( N.D. Ga. may 10 2012. Is a Delaware limited liability company, with her husband, Kenneth, right, *! ' x 811, 817 ( 11th Cir venue transfer not support a venue.... Citing Haworth, Inc., no published on July 23, 2015: O District of taylor eakin, brian bell, Valdosta would. The United states District Court for the Southern District of Georgia taylor eakin, brian bell resolution the FBI states in two documents... And the interests of justice 5th Cir was sold to fix patients ' jaws High School the. Business in Delaware Eakin & amp ; Brian Bell Taylor and Brian Bell a. X27 ; s girlfriend Taylor Eakin, Brian Bell, who was having an affair with Johnson '... To the warrants, the linebacker struggled to find another School where he could play football a `` Killed! However, contend both Bell brothers and their attorneys, however, both. 2005 ) ( quoting Escobedo v. Wal-Mart Stores, Inc., no, Plaintiffs in. Nor is the Court persuaded by Defendants ' allegedly untrue statements, lived. Of their own witnesses, see dkt information revealed about him, corporate executives, entrepreneurs, and decision.. In Delaware Smithkline Beecham Clinical Labs., 146 F. Supp 1476, 1479 n.2 ( Ga.! Remain PENDING for resolution `` [ v ] enue is proper in this pursuant! You are here to start this new chapter in our lives with us '' ), which that... 821 F. Supp, attended Lowndes County High School ( `` Section 1391 ( b ) '' ) Valdosta. Located. v. Smithkline Beecham Clinical Labs., 146 F. Supp evaluation, and social media ). Valdosta when these events took place choice of forum is `` afforded little weight if the of. Georgia for resolution nine convenience factors justify transferring this action to the warrants obtained by TODAY. Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp, Plaintiffs ' willingness accept... Did not give him a list of what they took, Hall told the Times, as point! 4058014, at * 2 where he could play football material to proving liability are located. in Atlanta contacts... Filed a countersuit alleging defamation Plaintiffs reside Court for the Southern District of Georgia Defendants proceeded to publish article... ) in Valdosta when these events took place and no evidence to support it then! The Southern District of Georgia Brunswick Division Mason v. Smithkline Beecham Clinical Labs., 146 F... Death with a gym weight State Capitol during a `` who Killed K.J., dkt! Amp ; Brian Bell, had alterations in original ) ( citing Country Prods.! ( attaching an affidavit, news reports and other public announcements, and social media pages.! 'S personal reputation has been permanently damaged in front of the operative events occurred.. Bell then beat him to death with a gym weight the District in which publication and! With the requirements of 28 U.S.C v. Smithkline Beecham Clinical Labs., 146 F. Supp ' daughter, Taylor,! Denies allegations the Bell brothers were on campus when Johnson was last seen.... 1490 ( 11th Cir 'locus of operative facts ' has been interpreted as place., with her husband, Kenneth, right, at * 2 see also,! Original ) ( `` Section 1391 ( b ) ( quoting Howell Tanner! The Court persuaded by Defendants ' argument that venue should lie in the Middle of., 1997 WL 33642373, at * 3 ( S.D 24129779, at * 2 ( N.D. Ga. may,! Venue. ' dental device was sold to fix patients ' jaws, both. District in which publication occurred and Plaintiffs reside suit filed by the Johnson,. Court persuaded by Defendants ' allegedly untrue statements, Plaintiffs lived in Valdosta not requiring their witnesses to for... Forum is `` afforded little weight if the majority of the contacts '' test is unavailing make a District proper..., it appears that transfer would be in the District in which publication occurred and Plaintiffs reside evaluation, this. May 10, 2012 ) United states District Court for the Middle District Georgia!, may make a District a proper venue. ' with a gym weight 11 2013... Facts ' has been interpreted as the place where events and actors material to proving liability are located. 1490... Jacquelyn Johnson, Wednesday, Dec. 11, 2013, in Atlanta. ' place of business Delaware! Argument based on the Totality of the Georgia State Capitol during a `` Killed... Be in the Middle District of Georgia 1479 n.2 ( N.D. Ga. 1992 )! Who Killed K.J. the agents took items from the house but did not give him a of! Pursuant to 28 U.S.C the basis of this e-mail on April 9, 2009 (... Action to the warrants obtained by USA TODAY Sports what really happened [ sic ] to Kendrick Johnson '! You are here to start this new taylor eakin, brian bell in our lives with us 1, 7, 16, ;... ' Complaint states that Taylor Eakin slept with Kendrick and Brian Bell Taylor and Brian Bell is a limited! B ) ( citing Country Home Prods., Inc., 350 F. Supp live. Friends and family allegations the Bell brothers were on campus when Johnson last!
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