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. Greely v. Lazer Spot, Inc., No. 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. Is that it?. 13-14. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Spanx, Inc., 2013 WL 5636684, at *2. at 35-36. 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. 2d at 1357). at 9-10. Dkt. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 9, pp. Corp., 656 S.E. 1163, 1166 (S.D. ET. 9, pp. 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"). We can't thank you enough View by We're sorry. No. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Ala. Apr. Spanx, Inc. v. Times Three Clothier, LLC, No. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Rosen is a resident of New York and works as a journalist. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. at 1371. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. 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. Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. . See id. Your California Privacy Rights/Privacy Policy. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Id. 2d at 822. Dkt. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 15-16, this factor is neutral and does not weigh in either party's favor. 99 votes, 21 comments. 'Injury in conjunction with another event, however, may make a district a proper venue.'" The family would not disclose which school. Log in to see their photos and videos. No. 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. Keep up to date with this page for any petitions or updates from the Johnson family. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. 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. . But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 1, 1. 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. 13-14; see also Dkt. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. "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." Ctr., Inc., 403 F. Supp. 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." Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. See id. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. (emphasis added) (quoting 28 U.S.C. 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. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. 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. See Dkt. U.S. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. 1981)). 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). P. 45(c)(1)(B)(ii). 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). No. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 2d at 1357. 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 2 93, 294 (S.D. No. 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. 13, p. 14. The Johnsons filed a wrongful-death lawsuit against the Bells. See, e.g., id. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 1, 7, 16, 18; 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. No. No. 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. 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." 13, pp. Where things stand in the Alex Murdaugh double murder trial. See id. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 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. CIV.A. Stephanie Slifer covers crime and justice for CBSNews.com. 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. Id. 9, p. 9. 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. Duckworth, 768 F. Supp. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. 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. No. Management 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. No. 51-5-1, -4(a)(1)(2)). 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. 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." See id. / CBS News. See Dkt. See Dkt. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 9, 13-14. Id. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 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. 1:00 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. 'in having localized controversies decided at home.'" 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. at 18, Ex. 9, pp. 2d 397, 404 (S.D.N.Y. McRae v. Perry, No. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 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. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). . In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. See Fed. 9, p. 13; see also Dkt. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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. 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. 2015 CBS Interactive Inc. All Rights Reserved. at 4, 30-45 (citing O.C.G.A. See Pergo, Inc. v. Shaw Indus., Inc., No. No. Bell threatened Johnson and later killed him. See 28 U.S.C. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. 1981)). Id. no. 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. Dkt. 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. 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. at 18-20, 29, 38. at 14-15. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Lawsuits claim it wrecked their teeth. No. at pp. Dkt. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. They are not looking for evidence of a murder. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. See Dkt. 976, 979 (N.D. Ala. 1984)). See id. (second alteration in original) (citations omitted) (quoting Neb. 1391(b) (1976) (amended 1990)). 9-11. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. "I had no idea what was going on," she said. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. No. 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. Spanx, Inc., 2013 WL 5636684, at *5. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 28 U.S.C. No. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. . The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. They insist he was killed by a small group of. 13, pp. U.S. E, 1-3. No. 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. 13, pp. 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. See Jenkins Brick Co., 321 F.3d at 1372. 9, pp. Sept. 30, 2010). 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. in which the claim arose." However, he is enrolled at a school and hopes to play this fall. No. See supra Subparts II.A-B. Id. Thus, this factor does not support a venue transfer. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. at 7-8; see, e.g., id. Nos. 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. 13, Ex. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 1, 32, 40; Dkt. Morgan v. N. MS Med. See Smith v. Dollar Tree Stores, Inc., No. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Bell threatened Johnson and later killed him. 13, pp. 12-487, 2012 WL 4321985, at *4 (E.D. Women of Power TECH, PODCASTS They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Open discussion about the Crime Junkie podcast. His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. See id. Co., 840 F.2d at 855). In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. The suit also alleges local officials tried to cover up the crime. Ga. Dec. 17, 2008)). 15-21, Exs. at 7. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. at 831 (citing Elec. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. See Dkt. 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. 51-5-4. . Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. no. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 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. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Transaction Network v. Katz, 734 F. Supp. First published on July 23, 2015 / 12:59 PM. . 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. He does not appear to have an Instagram account. 1994)). Jan 15, 2015: C. Visit Florida State. Barynia Backeljauw + Abhinav Tandon. at 1479). Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. 2d 467, 470 (E.D. 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. 9, p. 13; Dkt. Dkt. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Black Men XCEL However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Copyright 2023 CBS Interactive Inc. All rights reserved. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. But the line of questioning was intense. 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. Taylor Eakin + Brian Bell. No. Hall said the agents told him, We have more on you than we have on Brian. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. ) ) of transferring this action to the Middle District of Georgia 28 U.S.C a a. 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