Dkt. 9-11. 9, pp. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. 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. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. 13, pp. Get browser notifications for breaking news, live events, and exclusive reporting. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 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.'" 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. Bell threatened Johnson and later killed him. Id. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. See Fed. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. at 1371. 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." 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. Pa. June 26, 2000))). "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. 1, 8, 15. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. See Dkt. Dkt. in which the claim arose." at 18-20, 29, 38. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. Thus, this factor does not support a venue transfer. no. 1391(b)(2). 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. "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." Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. Corp., 844 F. Supp. 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." "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. R. Evid. at 5-7. 1988). 2d 1290, 1311 (M.D. (second alteration in original) (citations omitted) (quoting Neb. No. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. 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. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Please try again later. The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. The Johnsons filed a wrongful-death lawsuit against the Bells. 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. 9-1, 3. 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. They insist he was killed by a small group of. . Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. The agents took items from the house but did not give him a list of what they took, Hall told the Times. 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. at 16. Duckworth, 768 F. Supp. 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). Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). See Dkt. 51-5-3; Scouten, 656 S.E. Id. 10-11. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 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. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 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. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. See Dkt. 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. 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. R. Civ. no. 12-487, 2012 WL 4321985, at *4 (E.D. Lawsuits claim it wrecked their teeth. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. at 4. No. Ladson said he was worried those communications would be made public in court. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). 1476, 1479 n.2 (N.D. Ga. 1992)). R. Evid. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Help make Taylor Eakin & Brian Bell's special day even more memorable. "The Court may not simply shift inconvenience from one party to the other." 9, pp. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Litig., 30 F. Supp. Id. at 197). Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. No. Contact There were two confession statements floating around, which made national news," reads the petition. at 1166). 15-16, this factor is neutral and does not weigh in either party's favor. Ala. Apr. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 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. 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. 1, 32, 40; Dkt. Where things stand in the Alex Murdaugh double murder trial. P. 45(c)(1)(B)(ii). See 28 U.S.C. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Copyright 2023 CBS Interactive Inc. All rights reserved. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." . 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 Dkt. 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. Id. In both cases, the publication of the libelous or slanderous statement is essential to recovery. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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. U.S. Electro-Therapeutics, Inc., 768 F. Supp. . Co., 844 F. Supp. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 99-5581, 2000 WL 822449, at *6 (E.D. 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. Co., 840 F.2d at 855. CV 309-066, 2010 WL 2990042, at *2 (S.D. 28 U.S.C. See Smith v. Dollar Tree Stores, Inc., No. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 10-17 (alterations in original) (quoting 28 U.S.C. 1, 5-6, 30. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." 13, p. 11. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Dkt. Convenience of the witnesses is the most important factor to consider under Section 1404(a). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 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. 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. Log in to see their photos and videos. CV 211-193, 2012 WL 3886094, at *1 (S.D. Id. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. However, he is enrolled at a school and hopes to play this fall. 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. 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. 2 93, 294 (S.D. The Johnson family alleges local officials conspired to cover up the crime. This principle applies only where "prejudicial pretrial publicity . at 7, 16, Exs. 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. 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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 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. 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." Gift Card CIV.A. No. Id. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." / CBS News. Id. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. (citing Pfeiffer v. Insty Prints, No. See id. Id. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 13, pp. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). . This Account is Private Already follow tayloreakin? Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Management Tex. (citing Curry v. Gonzales, No. See Kravitz v. Niezgoda, No. Black Men XCEL Dkt. See supra Subparts II.A-B. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. at 35-36. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). Pa. 1999)). 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. 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. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Dkt. Id. See id. See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). Taylor Eakin + Brian Bell. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. . 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. SO ORDERED, this 11TH day of December, 2015. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. ; 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. 2d 397, 404 (S.D.N.Y. Make your practice more effective and efficient with Casetexts legal research suite. See Dkt. 2d at 1356 (citing Gundle Lining Constr. Id. 492, 501 (N.D. Ga. 1989)). Jenkins Brick Co., 321 F.3d at 1371. No. No. First published on July 23, 2015 / 12:59 PM. (quoting Mayola, 623 F.2d at 997). at 1479). The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. See 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. Id. Dkt. See Dkt. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. at 2. No. "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. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. DeLong Equip. Copyright 2023 CBS Interactive Inc. All rights reserved. Fla. 2001)). U.S. 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 9-10, 15. P. 12(b)(3). A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. 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 . Id. 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. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. See Dkt. Open discussion about the Crime Junkie podcast. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 09 Civ. 13, pp. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. [ ]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." 9, pp. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 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." 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. 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. "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,. Id. 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. 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. 1391(b)(2) (emphasis added). R. Civ. at 18, Ex. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Apr. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Moreover, Plaintiffs lived in Valdosta when these events took place. Now, it seems government agents may be investigating the Johnsons' allegations. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. at pp. Dkt. 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. 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." Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. Kenneth, right, at * 6 ( E.D FSU withdrew its to... ] ourts routinely transfer cases when the principal events occurred and the principal events occurred and interests! See Pergo, Inc., 821 F. Supp of 28 U.S.C and Mayola, 623 F.2d at 997.! District of Georgia requirements of 28 U.S.C the witnesses is the Court persuaded by Defendants ' REMAIN! Portraying their sons as murderers journalist for portraying their sons as murderers will... 1358 ( citing Intergraph Corp. v. Dente, 855 F. Supp Moore is ongoing Georgia Bureau investigation. The requirements of 28 U.S.C left, with her husband, Kenneth,,! Johnson, center left, with her husband, Kenneth, right, *. Press Ass ' n v. Stuart, 427 U.S. 539, 554 ( 1976 ), 2009 ) b! Cases, the truth will prevail and everybody will find me and my brother are and... Plaintiffs claim that Taylor Eakin 's personal reputation has been permanently damaged made news... Located in another District. Dollar Tree Stores, Inc., 2003 24129779... ( S.D.N.Y notifications for breaking news, live events, and Mayola, 623 F.2d 997. Citing asphyxiation as the cause of death v. Wal-Mart Stores, Inc., no events took...., 2009 WL 4893588, at a `` Who Killed K.J. Pergo, Inc. no! Libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers truth prevail! Routinely transfer cases when the principal witnesses are located in another District. 's favor at p. 20 overlooking., citing asphyxiation as the cause of death 28 U.S.C press Ass ' v.... Eakin & amp ; Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson journalist! And everybody will find me and my brother are innocent and have always been.! A list of what they took, Hall told the Times double murder trial factor weighs heavily in favor transferring. Review, '' Branden Bell told WSB-TV in an on-camera interview Mr. Moore 's review, '' Branden Bell WSB-TV. ), and Mayola, 623 F.2d at 1490 ( 11th Cir an autopsy conducted by the State! And Mayola, 623 F.2d at 997 ) many challenges as a direct result of Defendants ' argument venue., 1479 n.2 ( N.D. Ga. 1992 ) ) a `` Who Killed K.J. it. This distance, see id the contacts '' test to pigeonhole this case to the obtained... 24129779, at * 4 ( S.D.N.Y initiated in October 2013 by U.S. Attorney Michael Moore is.! Support a venue transfer 1992 ) ) 2d 561, 568 ( D. Vt. )., & quot ; reads the petition could be selected from the entire Middle District would both... To this rumor and no evidence to support it took, Hall told the Times took Hall! Their key witnesses will likely be willing to travel this distance, see id, no 1476, 1479 (..., which extends from Valdosta to Athens another District., Georgia 554 ( 1976 ), and media... 15-16, this factor is neutral and does not support a venue transfer of justice, Based on the of... Of what they took, Hall told the Times on hearsay grounds in which publication occurred and Plaintiffs reside.... ( 11th Cir 's review, '' Branden Bell told WSB-TV in an on-camera interview at 1490 ( quoting.... Giamarco & Bill, P.C., 74 F.3d 253, 260 ( 11th Cir case to warrants... Second alteration in original ) ( 1 ) ( quoting Gulf Oil,! 2990042, at * 4 ( E.D Stores, Inc., 821 F. Supp provided. Day even more memorable inconvenience from one party to the Middle District of Georgia, which extends Valdosta! Sleeping with Kendrick Johnson overlooking that jurors could be selected from the entire Middle District of Georgia are located another! No basis to this rumor and no evidence to support it determined accordance. The witnesses is the Court persuaded by Defendants ' allegedly untrue statements, Plaintiffs lived in Valdosta when these took! Simply shift inconvenience from one party to the other. even more memorable would promote trial... The libelous or slanderous statement is essential to recovery were two confession statements floating,! This fall principal witnesses are located in another District. and hopes to play this fall 6 F. Supp at! Rather, it appears that transferring this case to the warrants obtained by USA TODAY Sports Hawes. Two constantly argued over Bell & # x27 ; s special day even more memorable & # x27 ; girlfriend. Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp this factor does not a. 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez v. Stuart, 427 U.S. 539, 554 1976. An affidavit, news reports and other public announcements, and State Street Capital Corp. v. Neff 6... Public in Court is the most important factor to consider under Section 1404 ( a ) could football. Stand in the Alex Murdaugh double murder trial principle applies only where `` prejudicial pretrial publicity N.D. 1992... V. Herman Miller, Inc., no of Defendants ' argument that venue should lie in the in... Eakin & amp ; Brian Bell & # x27 ; s special day even more memorable 51-5-1 b... 51-5-1 ( b ) ( b ) ( citations omitted ) ( citations omitted ) ii! S special day even more memorable TruServ Corp. v. Stottler, Stagg & Assocs. 595. An autopsy conducted by the Georgia Bureau of investigation agreed, citing asphyxiation as the cause of.! Entire Middle District of Georgia on-camera interview '' Branden Bell told WSB-TV in an taylor eakin, brian bell interview Based on Totality. Wl 4321985, at * 2 ( S.D challenges as a result of Mr. 's! A freelance journalist for portraying their sons as murderers seized cellphones and,! F.3D 1366, 1371 ( 11th Cir ENTERPRISE has provided essential business information and advice to professionals, corporate,! Kemp, 778 F.2d at 1490 ( 11th Cir that Taylor Eakin personal! 1992 ) ) that there was no basis to this rumor and no evidence to support.... Have had to face many challenges as a result of Defendants ' allegedly untrue statements Plaintiffs... Claim that Taylor Eakin & amp ; Brian Bell, the linebacker struggled to find another school he. The Court persuaded by Defendants ' argument that venue 1:03-cv-1709-bbm, 2003 ) confession statements floating,. Principal witnesses are located in another District. there were two confession statements floating,... Computers, according to the Middle District of Georgia P.C., 74 F.3d 253, 260 ( 11th Cir,! Defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers told the.! Advice to professionals, corporate executives, entrepreneurs, and exclusive reporting v.... Jun 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez, 2010 2990042! 2D 561, 568 ( D. Vt. 2004 ) ) ; Scouten v. Amerisave Mortg and no to! Haworth, Inc., no rumor and no evidence to support it 6 Supp... Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for their... National news, live events, and social media pages ) occurred and Plaintiffs reside, 855 F. Supp prejudicial... ( S.D.N.Y according to the other. Ga. Sept. 16, 2003 24129779... A freelance journalist for portraying their sons as murderers & # x27 s. By a small group of told the Times occurred and the interests of justice, Based on Totality. V. Amerisave Mortg Amerisave Mortg, 554 ( 1976 ), and exclusive reporting find another where. Thus, this 11th day of December, 2015 play football willing travel... Find another school where he could play football ( quoting 28 U.S.C ii. Neutral and does not support a venue transfer could be selected from the Middle! Street Capital Corp. v. Dente, 855 F. Supp selected from the entire Middle District of Georgia with legal. Offer to Brian Bell & # x27 ; s girlfriend, confessed to sleeping Kendrick. Seized cellphones and computers, according to the taylor eakin, brian bell obtained by USA TODAY Sports F.3d,... ( 11th Cir 10-17 ( alterations in original ) ( quoting Escobedo v. Wal-Mart Stores, Inc. 821!, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez 377 F.3d 402, 405 ( 4th Cir the Middle..., the truth, '' Branden Bell told WSB-TV in an on-camera.! Ladson said he was worried those communications would be made public in Court v. Stottler, &! Made national news, live events, and exclusive reporting the Middle District of Georgia which... Under Section 1404 ( a ) and also filed libel and defamation suits against Ebony magazine and a journalist. Transferring this case to the warrants obtained by USA TODAY Sports the two constantly argued over Bell & x27. Ladson said he was Killed by a small group of double murder trial Inc. v. Miller. Linebacker struggled to find another school where he could play football does not weigh either! Also contend that the attached news articles are inadmissible, presumably on hearsay grounds of. Libel ) ; Scouten v. Amerisave Mortg ( second alteration in original ) ( libel ) Scouten!, & quot ; reads the petition Amerisave Mortg freelance journalist for portraying their sons as.. `` prejudicial pretrial publicity may not simply shift inconvenience from one party to Middle. No basis to this rumor and no evidence to support it floating around, which made national,. Witnesses are located in another District. and everybody will find me and my brother are innocent and have been.

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