A-B (copies of the article and e-mail, respectively). 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. No. 12-13. Litig., 30 F. Supp. No. Taylor Eakin + Brian Bell. / CBS News. 9, p. 2 n.2. Courts also consider "the inherent interest . 2006). The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. 51-5-3; Scouten, 656 S.E. See Dkt. 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. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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. Dkt. 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.". We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. 9, 13-14. at 197). 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. "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. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 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. 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. 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. 9, p. 13 n.5. SistersInc. 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. No. We would like to show you a description here but the site won't allow us. 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. 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. Greely v. Lazer Spot, Inc., No. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Id. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Servs., Inc., No. 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. 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. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." Spanx, Inc., 2013 WL 5636684, at *5. Id. Simbaqueba v. U.S. Dep't of Def., No. --------. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." U.S. 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 . 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. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." While the Court draws factual inferences in Plaintiffs' favor at this stage, it does so only for the purpose of expeditiously determining whether venue is appropriate in this District. 9-11. 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. Id. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Co., 844 F. Supp. No. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. See id. No. Hall said the agents told him, We have more on you than we have on Brian. Rather, the Middle District of Georgia is more convenient to Plaintiffs, as it is their home forum, and it is assumed that such forum would prove more convenient to Defendants as the moving party. 28.7k members in the CrimeJunkiePodcast community. See 28 U.S.C. 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." The family would not disclose which school. 2d 397, 404 (S.D.N.Y. . Copyright 2023 CBS Interactive Inc. All rights reserved. See Jenkins Brick Co., 321 F.3d at 1371. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. 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. SO ORDERED, this 11TH day of December, 2015. 51-5-4. 1:11-CV-02299-SCJ, 2012 U.S. Dist. It seems that a single locus of operative facts does exist in this case. . Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . Duckworth, 768 F. Supp. 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." P. 45(c)(1)(B)(ii). 2d at 1357). 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. No. Now, it seems government agents may be investigating the Johnsons' allegations. See O.C.G.A. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. (quoting Mayola, 623 F.2d at 997). 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. For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 13, pp. No. R. Evid. Bell threatened Johnson and later killed him. No. The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). 1391(b)(2) (emphasis added). rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. No. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." This dental device was sold to fix patients' jaws. 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. . 2d 1350, 1357 (N.D. Ga. 1998)). (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 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. "I had no idea what was going on," she said. Gift Card 9, pp. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Id. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 1, 1. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. See Dkt. at 7. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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. No. Dkt. 28 U.S.C. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . No charges have been filed in the case. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 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. / CBS News. No. Pa. 1999)). Morgan v. N. MS Med. Id. 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. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. No. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. . 2015 CBS Interactive Inc. All Rights Reserved. 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. 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. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 192, 197 (S.D. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 2003). at 9-10. 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