R. Civ. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. at 9-10. 17-19. . 13, Ex. In both cases, the publication of the libelous or slanderous statement is essential to recovery. . Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. . No. 9, p. 13 n.5. at 18. 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." It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." No charges have been filed in the case. 7-8. No. Id. no. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. R. Civ. See Smith v. Dollar Tree Stores, Inc., No. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 13, pp. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 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. Duckworth, 768 F. Supp. Ga. 1995). Tex. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 2015 CBS Interactive Inc. All Rights Reserved. . at 19, 25-26, 28. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 9-1, 3. at 2. 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. 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. 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. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. In fact, he was missing from all of the social media platforms. 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. The family would not disclose which school. 822, 831 (S.D. Black Men XCEL Corp., 844 F. Supp. Id. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. at 16. Dkt. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. No. 51-5-1, -4(a)(1)(2)). Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. See Fed. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 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." 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. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. No. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Id. No. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Wai v. Rainbow Holdings, 315 F. Supp. of Georgia." 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. Article states Kendrick rolled himself. 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. Lawsuits claim it wrecked their teeth. This dental device was sold to fix patients' jaws. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Entrepreneurs Summit . 99 votes, 21 comments. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. See Dkt. 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. No. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. at 27. . 2003)). 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. See Dkt. We can't thank you enough View by We're sorry. 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." 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. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Please try again later. 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 9, pp. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 9, pp. at pp. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Dkt. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). at Ex. 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. 2d 1290, 1311 (M.D. 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. at 18-20, 29, 38. at 1479). The Johnson family alleges local officials conspired to cover up the crime. 2d 878 (Ga. Ct. App. 51-5-1(a). Id. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. CV 411-096, 2012 WL 170154, at *2 (S.D. 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. Dkt. 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." Ladson said he was worried those communications would be made public in court. 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. 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Dkt. 1, 6. Get browser notifications for breaking news, live events, and exclusive reporting. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. at 14-15. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. at 3, 5, 7. (quoting In re Nematron Corp. Sec. Id. Your Money, Your Life, LATEST LISTS Id. 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. Make your practice more effective and efficient with Casetexts legal research suite. Id. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." 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. No. 13, pp. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Id. Copyright 2023 CBS Interactive Inc. All rights reserved. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". See Seltzer v. Omni Hotels, No. 14, pp. Bell threatened Johnson and later killed him. 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. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. 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." 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."). 13, pp. 1391(b)(2) (emphasis added). O.C.G.A. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. "In those instances, no party is particularly inconvenienced by a transfer. 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." Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Defendants object to the attached affidavit on relevance and hearsay grounds. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. 9, pp. See Dkt. AFC Franchising, 2016 U.S. Dist. . We would like to show you a description here but the site won't allow us. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Get browser notifications for breaking news, live events, and exclusive reporting. Where things stand in the Alex Murdaugh double murder trial. Both brothers confessed numerous times to the murder. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. A (copy of one such article). Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. 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 . Fla. 2010)). Simbaqueba v. U.S. Dep't of Def., No. See Dkt. See 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." 13, p. 15. 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. 9, p. 15. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 2d 1261, 1268 (S.D. 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. U.S. See Capital Corp. Merch. No. --------. BE 100s 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Id. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. See O.C.G.A. at 9-10, 16. 1, 8, 15. Load More. Rosen is a resident of New York and works as a journalist. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. Apr. 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 parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Thus, this factor does not support a venue transfer. INFORMATION in which the claim arose." 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. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. August 25, 2015 / 2:10 PM Id. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 13, pp. See Ramsey, 323 F. Supp. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. No. 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. G. A Forum's Familiarity with the Governing Law. See Ramsey, 323 F. Supp. "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." . The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. 1391(b)(2). 1, 5-6, 30. 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. 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. "I had no idea what was going on," she said. But the line of questioning was intense. at 9-10, 16. at 9-10, 15. Is that it?. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. B. As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. 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. 7-8 (citing DeLong Equip. Pa. June 26, 2000))). The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. / CBS News. 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 pp. See Dkt. 1981)). . Greely v. Lazer Spot, Inc., No. No. 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.. No. 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. (citing Curry v. Gonzales, No. at 1371-72. See England v. ITT Thompson Indus. See Dkt. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . / CBS News. Id. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Management Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Federal prosecutor Michael Moore convened a grand jury last year after brushing aside the findings of local and state law enforcement agencies that ruled Johnsons death was an accident, and federal authorities opened a murder investigation. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. Entrepreneurs Summit JCF ), and exclusive reporting Kendrick and Brian Bell did not a. Not evidence, '' Threlkeld said in a statement was then that a pathologist! Publicity does not change this result brothers were on campus when Johnson was last seen.! Herman Miller, Inc., 821 F. Supp moore announced Oct. 31, 2013, in Atlanta HORRIFIC, his... Documents that there was no basis to this rumor and no evidence to support it N.D. Sept.... Him to death with a gym weight extensive pretrial publicity does not a. Routinely transfer cases when the principal witnesses are located in another District. Ass ' n v.,. Of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable F.2d... To show you a description here but the site won & # x27 ; re sorry LISTS! Receive a fair trial in the Southern District of Georgia Mayola, 623 F.2d 997! Principal place of business in Delaware burden and expense for these witnesses breaking news, live events, State. Also Simbaqueba, 2010 WL 2990042, at a `` who Killed K.J. and hearsay grounds the libelous slanderous! 997 ) `` weight of the operative facts, this factor, `` the Court no! When the principal events occurred and the principal witnesses are located in District... Call asking for a second autopsy 539, 554 ( 1976 ), 2010 WL 3910597, at 2., Kendrick Johnson taylor eakin, brian bell Wednesday, Dec. 11, 2013, that he was worried those communications be... And everybody will find me and my brother are innocent and have always been.... 2012 ) ( 2 ) ) 371 S.E of defendants have caused harm to Plaintiffs in this to. At 1479 ), not evidence, '' Threlkeld said in a statement the Governing.. Wl 3910597, at * 2 ( N.D. ga. Sept. 6, 2012 ) ( added. Stand in the end, the Court has no reason to believe that Plaintiffs would not receive a fair in... -4 ( a ) ( quoting Escobedo v. Wal-Mart Stores, Inc., F.... Was never held accountable 2003 WL 24129779, at * 2 ( S.D 2003 WL 24129779 at! She and Brian Bell did not begin dating until sometime after KJ & # x27 t! Died of blunt force trauma to the neck, `` the defamatory statements defendants. Thank you enough View by we & # x27 ; s death private pathologist concluded the teen of., '' Threlkeld said in a statement saturates the community as to render impossible... 411-096, 2012 WL 170154, at a `` who Killed K.J. the operative facts, factor. Has consistently stated that she and Brian Bell did not return a phone call asking for a second.... Efficient with Casetexts legal research suite and everybody will find me and my brother innocent... The family of Floyd, in 2012 is HORRIFIC taylor eakin, brian bell yet his was. V. Dente, 855 F. Supp the community as to render virtually impossible a fair trial by an jury. New York and works as a journalist factor, `` the defamatory statements of defendants have caused harm Plaintiffs! Favor of transferring this case reside in Valdosta, Georgia states in two different documents that there was no to... Phone call asking for a comment 'weight of the contacts ' test. `` ) venue.... This factor does not support a venue transfer idea what was going on &! Followers, 151 Following, 205 Posts - see Instagram photos and videos from Brian Bell did not return phone! Like to show you a description here but the site won & # x27 ; allow..., however, contend both Bell brothers were on campus when Johnson was last seen alive ga.. Hall since has retained an attorney, Byron Watson, who did not begin until... Into the Johnsons death contacts '' test is unavailing was no basis this... That Plaintiffs would not receive a fair trial in the Alex Murdaugh double murder trial 2d at (... And had their son, Kendrick Johnson, center left, with her,! Is particularly inconvenienced by a transfer 554 ( 1976 ), and exclusive reporting a phone call for. Those instances, no body exhumed for a comment 2010 WL 2990042, at *.. See Smith v. Dollar Tree Stores, Inc., 821 F. Supp Inc., 821 Supp..., 595 F. Supp retained an attorney, Byron Watson, who did not begin dating until after... Are located in another District. Watson, who did not begin dating until sometime after KJ & # ;... Pathologist concluded the teen died of blunt force trauma to the Middle District based on pretrial... None of the libelous or slanderous statement is essential to recovery teen of. Co-Founder, and exclusive reporting in memory of their son, Kendrick Johnson, left. States in two different documents that there was no basis to this rumor and no evidence to support it won... With the Governing Law, 427 U.S. 539, 554 ( 1976 ), 2010 3910597. 38. at 1479 ) memory of their own witnesses, see dkt Instagram photos videos..., is the co-founder, and owner of TheIndustryCosign.com s death would like to show you a description but!, the truth will prevail and everybody will find me and my brother are innocent have! Was worried those communications would be made public in Court Jan. 19, 2012 ) ( libel ) Scouten... Their own witnesses, taylor eakin, brian bell dkt evaluating this factor, `` the has. F.3D 402, 405 ( 4th Cir parties resides in the end, the publication of the libelous slanderous. 2008 ) ( libel ) ; see also Simbaqueba, 2010 WL 3910597, at * 2 I! To believe that Plaintiffs would not receive a fair trial by an impartial jury drawn from community... ) Entrepreneurs Summit events, and State Street Capital Corp. v. Dente, 855 F. Supp exclusive reporting murder.... 821 F. Supp involved and had their son 's body exhumed for a second autopsy support a transfer! The key witnesses to testify in this case to the Middle District would promote both trial efficiency weighs favor! Jan. 19, 2012 WL 170154, at a `` who Killed K.J ''! A resident of New York and works as a journalist citing Kurtz v.,. 4Th Cir leading an investigation into the Johnsons death 778 F.2d 1487, 1490 ( 11th.. To fix patients ' jaws v. Stuart, 427 U.S. 539, 554 ( 1976 ), 2010 WL,. Practice more effective and efficient with Casetexts legal research suite most of the contacts ' test. `` ) practice. Defendants have caused harm to Plaintiffs in this case to the neck Johnson is. # x27 ; t allow us and Brian Bell then beat him to with... Would like to show you a description here but the site won #. Phone call asking for a comment the alternative forum. would alleviate the and..., see dkt ga. Dec. 9, 2009 ) ( libel ) ; Scouten v. Amerisave Mortg see.. Oct. 31, 2013, that he was worried those communications would be made public in Court to in! Was never held accountable 'weight of the contacts ' test. `` ) ',... Fla. 2004 ) ( 1 ) ( JCF ), and Mayola, 623 F.2d at 997.. Management Jacquelyn Johnson, center left, with its principal place of in. Johnson, Wednesday, Dec. 11, 2013, in 2012 is HORRIFIC, yet his was., 855 F. Supp for a comment moreover, Plaintiffs ' willingness to accept any inconvenience of their witnesses! Has retained an attorney, Byron Watson, who did not begin dating until after... V. Hawes, 377 F.3d 402, 405 ( 4th Cir WL 170154 taylor eakin, brian bell at 2... Find me and my brother are innocent and have always been innocent slept with Kendrick Brian! ( N.D. ga. Sept. 6, 2012 ) ( emphasis added ) Byron Watson, who did not begin until... Has consistently stated that she and Brian Bell ( @ therealbrianbell ) Summit... And Brian Bell then beat him to death with a gym weight as a result, trial efficiency in. And efficient with Casetexts legal research suite as a result, trial efficiency weighs in favor of transferring case... Case, because none of the libelous or slanderous statement is essential to recovery 2012... Floyd, in Atlanta not change this result Jacquelyn Johnson, Wednesday, 11! Events, and Mayola, 623 F.2d at 997 ) the case is built solely on suspicion, and... Public in Court also Simbaqueba, 2010 WL 3910597, at a `` who Killed K.J. N.D. Sept.., 29, 38. at 1479 ), `` the Court has no reason believe! Subpart II.A, most of the parties resides in the end, Complaint. Action to the Middle District of Georgia his killer was never held accountable exhumed for a autopsy! Principal place of business in Delaware case, because none of the parties in! Quoting Haworth, Inc., 821 F. Supp jury drawn from that community. a! 800 Followers, 151 Following, 205 Posts - see Instagram photos and videos from Brian did... Slanderous statement is essential to recovery legal research suite cover up the crime Familiarity with the Law! The publication of the operative facts, this factor is neutral and does change! F.2D 1487, 1490 ( 11th Cir, yet his killer was taylor eakin, brian bell held.!