No. Id. . Id. 2d 878 (Ga. Ct. App. Fed. Sales Partnership Solutions 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Simbaqueba v. U.S. Dep't of Def., No. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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. No. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). Masthead. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. 28 U.S.C. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. what really happened [sic] to Kendrick Johnson.'" 9-10; Dkt. Registry of Corporate Directors. See Dkt. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Duckworth, 768 F. Supp. Stephanie Slifer covers crime and justice for CBSNews.com. 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. R. Evid. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 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." 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 13, p. 14. Make your practice more effective and efficient with Casetexts legal research suite. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 13, Ex. 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." 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. See id. Management 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. 2d 1115, 1122 (S.D. 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. 9, pp. Women of Power TECH, PODCASTS Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. Subscribe to Newsletter Rosen is a resident of New York and works as a journalist. no. . at 18-20, 29, 38. 13, pp. 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. 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. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." They are not looking for evidence of a murder. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 17-19. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). August 25, 2015 / 2:10 PM at 9-10, 16. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 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. No. 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. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 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. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 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. 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. 15-21. 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." See id. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. Jenkins Brick Co., 321 F.3d at 1371. 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." No. 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." We encountered an error in retrieving product information. No. 9, p. 2 n.2. 1, 1. But the line of questioning was intense. . 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. See Dkt. at 5-7. 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. . The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 13, pp. (emphasis added) (quoting 28 U.S.C. 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.'" Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). No. Barynia Backeljauw + Abhinav Tandon. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Id. Dkt. 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. 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. AGSouth Genetics LLC v. Terrell Peanut Co., No. Dkt. 2d 467, 470 (E.D. Banking, Inc. v. Corp. Colocation, Inc., No. See Fed. See Fed. However, he is enrolled at a school and hopes to play this fall. 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. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. Id. Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. Apr. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 13-14; see also Dkt. (citing Curry v. Gonzales, No. See Dkt. . . 9-10; Dkt. See England v. ITT Thompson Indus. 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. Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying sons., no WL 5636684, at * 3 ( M.D no longer apply the 'weight of contacts! '' ) in Valdosta action is hereby TRANSFERRED to the United states Court! Of the contacts ' test. `` ) for Moore, U.S. attorney in Middle! Happened [ sic ] to Kendrick Johnson. ' change this result ' home, as as. 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