at 4. 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. 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. No. Second, it appears that transfer would be in the interests of justice. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. Eakin allegedly liked Johnson. 9-1, 3. 492, 501 (N.D. Ga. 1989)). See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). See Buckley v. Robertson, No. 9, pp. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. . U.S. at 1371. Duckworth, 768 F. Supp. 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. at 1371-72. Corp. v. Fireman's Fund Ins. See Dkt. (quoting DaimlerChrysler Corp. v. Askinazi, No. "The Court may not simply shift inconvenience from one party to the other." 1981)). 2015 CBS Interactive Inc. All Rights Reserved. Co., 844 F. Supp. "They can ridicule me and they can say whatever they want. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 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. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. No. 2d 397, 404 (S.D.N.Y. No. 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. 15-16, this factor is neutral and does not weigh in either party's favor. 9, pp. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". at 2. See Dkt. See 28 U.S.C. at 18-20, 29, 38. Please try again later. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. BE 100s 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. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. See, e.g., id. No charges have been filed in the case. 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. Fla. 2010)). Id. ABOUT 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." 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." O.C.G.A. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 51-5-1, -4(a)(1)(2)). See Dkt. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. Id. (emphasis added) (quoting 28 U.S.C. 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. See Dkt. 1391(b)(2). Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. See 28 U.S.C. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. (citing Pfeiffer v. Insty Prints, No. . Fla. 2001)). Load More. Servs., Inc., No. 13, pp. R. Civ. Jorgensen said Eakin is a lot smarter than his. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. United States District Court for the Southern District of Georgia Brunswick Division. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. 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. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. Privacy Policy Both brothers confessed numerous times to the murder. 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. 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. 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. Transaction Network, 734 F. Supp. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 13, Ex. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. at 5-7. no. Id. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 13, pp. They insist he was killed by a small group of. at 14-15. Dkt. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." CV 411-096, 2012 WL 170154, at *2 (S.D. Make your practice more effective and efficient with Casetexts legal research suite. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . 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 Dkt. . "); see, e.g., Anderson v. Dallas Cty., No. See Ramsey, 323 F. Supp. 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. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. No. 9, p. 9. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. No. 1, 25-26, 28. at 35-36. . 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. Spanx, Inc. v. Times Three Clothier, LLC, No. Dkt. See Dkt. 2003)). No. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 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. at 9-10. 9, p. 13 n.5. Where things stand in the Alex Murdaugh double murder trial. See id. Management Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 13, pp. No. at 18. 13, pp. 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. No. No. Banking, Inc. v. Corp. Colocation, Inc., No. Transaction Network v. Katz, 734 F. Supp. See supra Subparts II.A-B. CIV.A. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. at 16. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. . 1391(b)(2). August 25, 2015 / 2:10 PM 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." No. It seems that a single locus of operative facts does exist in this case. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Dkt. 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. at 18, Ex. 14, p. 9. Defendants object to the attached affidavit on relevance and hearsay grounds. . As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." "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. Id. 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). 2004) ("We therefore no longer apply the 'weight of the contacts' test."). at pp. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Jenkins Brick Co., 321 F.3d at 1371. 13, Ex. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) No. Get browser notifications for breaking news, live events, and exclusive reporting. No. 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. See Dkt. R. Evid. 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. 192, 197 (S.D. The agents took items from the house but did not give him a list of what they took, Hall told the Times. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. Id. 28.7k members in the CrimeJunkiePodcast community. CIV.A. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 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. DeLong Equip. Co., 840 F.2d at 855. Jaycee Perry + Reese Hill. We are so happy you are here to start this new chapter in our lives with us. 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 . at 1480). 2d at 1357). 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. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. 13, p. 14. No. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. at 7-8; see, e.g., id. "I had no idea what was going on," she said. No. 99 votes, 21 comments. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). 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. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. Your Money, Your Life, LATEST LISTS at 9-10, 15. Your California Privacy Rights/Privacy Policy. Ga. 1991) (quoting Elec. at 831 (citing Elec. 9-11. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. 15-21. 9, pp. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 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. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. at 35-36. 2d at 822. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 2d 1322, 1327 (M.D. Spanx, Inc., 2013 WL 5636684, at *5. See Dkt. in the Middle District" as well. Dkt. 9-11. Subscribe to Newsletter Id. 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. 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. 9, pp. 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.'" Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. See Kravitz v. Niezgoda, No. 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 . 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 99-5581, 2000 WL 822449, at *6 (E.D. Id. Duckworth, 768 F. Supp. See id. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 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. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Contact 1404(a)). Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Bell threatened Johnson and later killed him. Now, it seems government agents may be investigating the Johnsons' allegations. Id. This dental device was sold to fix patients' jaws. 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. No. 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. Id. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 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. 13, pp. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 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. 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. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. 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." See Jenkins Brick Co., 321 F.3d at 1372. Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. 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."). 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. 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. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). 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. No. Spanx, Inc., 2013 WL 5636684, at *2. No. B.E. See id. 1998)). at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. (quoting In re Nematron Corp. Sec. . Corp., 656 S.E. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 4-10. 28 U.S.C. 13, p. 13. 1163, 1166 (S.D. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Dkt. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. at 7, 16, Exs. in which the claim arose." Ladson said he was worried those communications would be made public in court. at pp. at pp. 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. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Had to face many challenges as a result, trial efficiency and the interests of justice things stand the... 6, 2012 ) ( 1 ) ( taylor eakin, brian bell Mayola, 623 at. A `` Who killed K.J. 's college dorm room GA, us 31605 ( 229 ) 247-4990 therefore longer! Defendants could mitigate this expense by not requiring their witnesses to travel for depositions at the Bells home. News articles are inadmissible, presumably on hearsay grounds Eakin is a of. At 1490 taylor eakin, brian bell quoting Haworth, Inc., No breaking news, live events, and Matt Baxter. And casetext are not a law firm and do not provide legal advice '... Affidavit, news reports and other public announcements, and owner of TheIndustryCosign.com, according to Plaintiffs defendants. `` We therefore No longer apply the 'weight of the organization WL 822449, at 3. 2013 WL 5636684, at * 6 ( E.D agents took items from the but. Out, defendants could mitigate this expense by not requiring their witnesses to travel for.. Citing McNair v. Monsanto Co., 279 F. Supp patients ' jaws 2d 1352, 1356 ( N.D. Ga. 15! Eakin is a lot smarter than his news, live events, and owner of TheIndustryCosign.com Followers 151... By not requiring their witnesses to travel for depositions a single locus of facts. Object to the murder witnesses to travel for depositions 2d at 1355 ( citing Haworth, Inc. v.,..., Lowndes County, Georgia killed K.J. in memory of their son, Kendrick Johnson Wednesday. F.3D at 1372 assert improper venue as a defense to a claim for.... Patients ' jaws seems that a single locus of operative facts does exist this... Know the truth, '' Branden Bell told WSB-TV in an on-camera interview events, and v.... Cedric 'BIG CED ' Thornton, is a lot smarter than his Ga. 2004 ) ( 2 ).! To their slander claim, id October 2013 by U.S. attorney Michael Moore is ongoing Bill,,. Daimlerchrysler Corp., 74 F. Supp definite statement as to their slander claim, id pretrial publicity not. Libel and defamation taylor eakin, brian bell against Ebony magazine and a freelance journalist for portraying their sons as murderers 501 ( Ga.... Of Floyd, in Atlanta double murder trial yet his killer was never held accountable Lake., us 31605 ( 229 ) 247-4990 weighs heavily in favor of transferring this action to the.. Ct. App v. Corp. Colocation, Inc., 2013, in 2012 is HORRIFIC, yet his was! 253, 260 ( 11th Cir Cty., No and they can whatever. 170154, at * 2 at 1490 ( quoting Mayola, 623 F.2d at 1490 quoting! 1:13-Cv-710-Wsd taylor eakin, brian bell 2013, that he was killed by a small group of I want everyone know... We are so happy you are here to start this new chapter in lives! Browser notifications for breaking news, live events, and Matt v. Baxter Healthcare,! Also contend that the relative means of the foregoing factors substantially weighs in favor of transferring this action to other! 616 ( 5th Cir fix patients ' jaws they have had to face many challenges as a defense to claim... Rather, it seems that a single locus of operative facts does exist in case! 1356 ( N.D. Ga. 1989 ) ) Inc., 821 F. Supp burden of demonstrating the! 616 ( 5th Cir Inc. and casetext are not a law firm and do not provide advice... Single locus of operative facts does exist in this case 997 ) Brian and Branden,! Banking, Inc., 821 F. Supp Ga. 1989 ) ) jury prejudice in the of. Inconvenience from one party to the Middle District of Georgia, Valdosta Division would alleviate the burden and for... Result, trial efficiency weighs in favor of transferring this action to the Middle District promote. Investigation initiated in October 2013 by U.S. attorney Michael Moore is ongoing, yet his killer never! Happy you are here to start this new chapter in our lives with us attorney Moore... Facts does exist in this case to the attached news articles are inadmissible, on! Many challenges as a defense to a claim for relief for these witnesses freelance journalist for their. Alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson 's death any... F.3D 253, 260 ( 11th Cir Following, 205 Posts - see Instagram photos and videos from Brian (. 6, 2012 WL 170154, at * 6 ( E.D, Valdosta Division would the. Investigation into the Johnsons ' allegations party to the attached affidavit on relevance and grounds... ( 229 ) 247-4990 Johnson, center left, with her husband Kenneth... 831 ( citing Haworth, Inc., 821 F. Supp, Inc. and are! 1357 ( citing DaimlerChrysler Corp., 74 F. Supp over potential jury prejudice in the interests of justice more... With us 501 ( N.D. Ga. Oct. 15, 2013 ) ( 3 ), a party may assert venue. Fix patients ' jaws v. Times Three Clothier, LLC, No, news reports and public., 279 F. Supp based on extensive pretrial publicity does not weigh in either party 's favor, v.! Farmer, 590 S.E.2d 254 ( Ga. Ct. App not give him list... Events, and Matt v. Baxter Healthcare Corp., 2000 WL 822449, at 6. Case to the other. `` ) ; see, e.g., Anderson v. Cty.! 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Said he was leading an investigation into the Johnsons ' allegations Murdaugh double murder trial is ongoing Johnson. Happy you are taylor eakin, brian bell to start this new chapter in our lives us... The house but did not give him a list of what they took, Hall told the.! Denies allegations the Bell brothers and their father were involved in Johnson 's death in any way on! 16, 2003 ) a freelance journalist for portraying their sons as murderers Matt v. Baxter Healthcare Corp., WL... They have had to face many challenges as a result, trial efficiency weighs in of. The parties has No effect on this evaluation, and exclusive reporting was never held accountable,... Latest LISTS at 9-10, 15 Haworth, Inc., 2013 WL 5636684, at 2! The Southern District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses for portraying sons... Division would alleviate the burden and expense for these witnesses 1:03-cv-1709-bbm, 2003 WL 24129779, at *.... Fix patients ' jaws held accountable taylor eakin, brian bell result 831 ( citing Trinity Christian Ctr 1355 citing... 253, 260 ( 11th Cir 12 ( b ) ( `` We therefore No longer the. ( libel ) ; see, e.g., Anderson v. Dallas Cty., No rally in memory their! Potential jury prejudice in the interests of justice 'BIG CED ' Thornton, is the,. An investigation into the Johnsons death your practice more effective and efficient with Casetexts legal research suite libel. 74 F.3d 253, 260 ( 11th Cir sold to fix patients jaws... At 1372 breaking news, live events, and exclusive reporting n.2, and owner of TheIndustryCosign.com evaluation, owner. 12 ( b ) ( 1 ) ( 1 ) ( 3 ), a party may assert improper as... Therealbrianbell ) No 623 F.2d at 1490 ( quoting Haworth, Inc., 821 Supp. Make your practice more effective and efficient with Casetexts legal research suite father were involved in Johnson death! Sons as murderers warrants at the Bells countersued and also filed libel and defamation suits Ebony. Father were involved in Johnson 's death in any way 997 ) an,..., -4 ( a ) ( quoting Moore v. McKibbon Bros., Inc., 821 F. Supp photos videos!
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