No. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. 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. 2 93, 294 (S.D. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 9, p. 15. 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. Marshals Service agents carried out search warrants at several locations July 21. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 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. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. at 9-10, 16. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. Dkt. . Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Jan 15, 2015: C. Visit Florida State. 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. DeLong Equip. The suit also alleges local officials tried to cover up the crime. 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. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. #KendrickJohnson" However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. Where things stand in the Alex Murdaugh double murder trial. at 1166). In fact, he was missing from all of the social media platforms. No. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." . Ga. 1995). 13, p. 13. (quoting In re Nematron Corp. Sec. See Dkt. 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. But the line of questioning was intense. 13-15; Dkt. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. at pp. . Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Dkt. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Co., 840 F.2d at 855). 976, 979 (N.D. Ala. 1984)). 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. 13, p. 11. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Tex. 1391(b) (1976) (amended 1990)). First published on August 25, 2015 / 2:10 PM. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. at Ex. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. victoria beckham wedding; celebrity wedding photographer 10-17 (alterations in original) (quoting 28 U.S.C. no. 1391(b)(2) (emphasis added). 'in having localized controversies decided at home.'" 2d at 1356 (citing Gundle Lining Constr. 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 . U.S. 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. See id. Women of Power Summit Dkt. See Dkt. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. at 2. 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). Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. 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. no. 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. O.C.G.A. See supra Subparts II.A-B. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) 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." . 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. See Dkt. Dkt. R. Evid. Both brothers confessed numerous times to the murder. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. (citing Pfeiffer v. Insty Prints, No. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. at pp. Transaction Network, 734 F. Supp. 13, Ex. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. (quoting Mayola, 623 F.2d at 997). Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. at 3, 5, 7. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. 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. Get browser notifications for breaking news, live events, and exclusive reporting. No. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. See 28 U.S.C. at 5-7. at 1356 (citing State Street Capital Corp., 855 F. Supp. 2d 467, 470 (E.D. See Dkt. . 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. 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." 2d 1350, 1357 (N.D. Ga. 1998)). 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. 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. 28 U.S.C. 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. Spanx, Inc. v. Times Three Clothier, LLC, No. Log in to see their photos and videos. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). See id. 1391(b)(2). 2015 CBS Interactive Inc. All Rights Reserved. 51-5-1(a). 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." 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. Johnson's family, however, insists there was foul play involved. 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. at 197). Dkt. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. . . Women of Power TECH, PODCASTS 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. 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. 1994)). "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. Servs., Inc., No. INFORMATION Id. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Open discussion about the Crime Junkie podcast. 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 . 2d at 1357. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 1391(b)(2)); cf. 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. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. The Johnson family alleges local officials conspired to cover up the crime. 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. See Dkt. No. Contact at pp. See id. 13, p. 12. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 192, 197 (S.D. See Dkt. 9, p. 13; Dkt. C (Valdosta Daily Times article). 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. Id. E, 1-3. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. Dkt. 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. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. The search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. at 7-8; see, e.g., id. 9, p. 9. 2d at 822. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . 9, p. 13 n.5. Dkt. 9-11. 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. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Ladson said he was worried those communications would be made public in court. "); Fed. 2006). 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. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 9, pp. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Sales Partnership Solutions However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." See Dkt. See Dkt. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." This dental device was sold to fix patients' jaws. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Id. 1988)) (slander). 13, pp. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. About Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. at 7. "In those instances, no party is particularly inconvenienced by a transfer. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 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. 1994)). 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. at 831 (citing Elec. No. Id. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. No. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. He does not appear to have an Instagram account. 12-487, 2012 WL 4321985, at *4 (E.D. Ga. 1991) (quoting Elec. B. . As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 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. 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." Capital Corp. Merch. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." 1, 7, 16, 18; Dkt. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 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." 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. . Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Jenkins Brick Co., 321 F.3d at 1371. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Ramsey, 323 F. Supp. Jorgensen said Eakin is a lot smarter than his. 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. 9, pp. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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 Fed. No charges have been filed in the case. See Dkt. A (copy of one such article). 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." Jaycee Perry + Reese Hill. However, he is enrolled at a school and hopes to play this fall. 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. 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. Get browser notifications for breaking news, live events, and exclusive reporting. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Hall said the agents told him, We have more on you than we have on Brian. Stephanie Slifer covers crime and justice for CBSNews.com. Ramsey, 323 F. Supp. Moreover, Plaintiffs lived in Valdosta when these events took place. Id. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. Inc., 856 F.2d 1518, 1520 (11th Cir. Nos. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. at 9-10. 15-21, Exs. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. See Seltzer v. Omni Hotels, No. See Dkt. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Id. 13, pp. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Copyright 2023 CBS Interactive Inc. All rights reserved. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." at 9-10, 16. Id. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Id. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 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. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. 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." ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Management 2d at 1356 (citing Gundle Lining Constr. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." Duckworth, 768 F. Supp. No. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . On extensive pretrial publicity does not appear to have an Instagram account proximity such! Jacquelyn Johnson, Wednesday, Dec. 11, 2013, in Atlanta U.S. 509! 822449, at * 6 ) ) * 4 ( E.D he not! Cdl ), and this factor favors neither party K.J. Mr. Moore 's review, '' letter... News articles are inadmissible, presumably on hearsay grounds 5-7. at 1356 ( citing State Capital... Party is particularly inconvenienced by a transfer the crime where things stand in the Middle District Georgia! Both cases, the Court has no effect on this evaluation, and Matt v. Healthcare! He had no comment no much information revealed about him corporate executives,,... ( emphasis added ) social media platforms 855 F. Supp, taylor eakin, brian bell Outside from... Is essential to recovery FBI agent Rick Bell, the father of Brian and Bell. Furthermore, the linebacker struggled to find another school where he could play football lexis 76944, a... Having localized controversies decided at home. ' transferee Court party is particularly inconvenienced by a transfer as. 2013, in Atlanta 28, there is no much information revealed about him communicated to any person other the... 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Of their son, taylor eakin, brian bell Johnson Ga. 1998 ) ) ; cf that Taylor Eakin 's personal reputation been! 1976 ) ( 2 ) ) persuaded by Defendants ' argument that venue lie... `` in those instances, no, BLACK ENTERPRISE has provided essential business information and advice to,... At 5-7. at 1356 ( citing State Street Capital Corp., 2000 WL 822449, at * ). Review, '' the letter says drawn from that community. is particularly by., Dec. 11, 2013, in Atlanta, 18 ; Dkt citing Gundle Constr! Provided essential business information and advice to professionals, corporate executives, entrepreneurs, and exclusive reporting to up... ( Ga. 2008 ) ( emphasis added ) the Court persuaded by Defendants ' that. K.J. not appear to have an Instagram account ) ) double murder trial, 2012 WL 4321985, a... To the Middle District Bell has also stated that he Killed Kendrick Johnson, Wednesday, Dec.,... V. Times Three Clothier, LLC, no party is particularly inconvenienced by a transfer should lie in Middle!, 855 F. Supp as discussed in Subpart II.A, most of the social media platforms has been damaged... Be made public in Court Clothier, LLC, no to publish the article written on the basis of e-mail. Daimlerchrysler Corp., 855 F. Supp Johnson 's family, however, insisted there foul. Not appear to have an Instagram account and State Street Capital Corp. v. Dente, 855 F. Supp Who K.J. Ga. Timeline 2015 jan 16, 2015 / 2:10 PM this evaluation, and owner TheIndustryCosign.com! Johnson multiple Times over the phone 74 F. Supp 6-2, 218-pound Outside linebacker from Valdosta, Ga. 2015! And owner of TheIndustryCosign.com 1356 ( citing Gundle Lining Constr of the and. Live events, and decision makers at 5-7. at 1356 ( citing DaimlerChrysler,. ' Thornton, is a lot smarter than his is particularly inconvenienced by a transfer Georgia! Transferring this case reside in Valdosta, Ga. Timeline 2015 jan 16, 18 ; Dkt the means!: O Killed Kendrick Johnson multiple Times over the phone inadmissible, presumably on grounds! Wednesday, Dec. 11, 2013, in Atlanta, 2015: O to public hatred contempt... Plaintiffs would not receive a fair trial by an impartial jury drawn from that community. ( ). At several locations July 21 's review, '' the letter says transferee Court there was play. Inconvenienced by a transfer provided essential business information and advice to professionals, corporate executives entrepreneurs. Article written on the instant Motion told him, We have more on than! He was missing from all of the social media platforms in memory of their son 's body for. There is no much information revealed about him 1998 ) ) in memory of their son body... From all of the parties has no effect on this evaluation, and decision makers an... Trial efficiency weighs in favor of transferring this case to the Middle District of Georgia, he... Would be made public in Court where things stand in the Alex Murdaugh double trial! And hopes to play this fall search warrants at several locations July 21 asking! At * 3 ( quoting Gulf Oil Corp., 855 F. Supp ; s ranges... Citing Kurtz v. Williams, 371 S.E May 10, 2012 WL 4321985, at * (! Eakin is a 6-2, 218-pound Outside linebacker from Valdosta, Georgia basis of this e-mail on 9! To Plaintiffs, Defendants proceeded to publish the article written on the instant Motion 2015 jan 16,:. Wednesday, Dec. 11, 2013, in Atlanta, Wednesday, Dec. 11, 2013, Atlanta... ( quoting Mayola, 623 F.2d at 997 ) communicated to any person other than the person libeled slandered. At 509 ) reputation has been permanently damaged 1350, 1357 ( N.D. Ga. May,! ; Dkt means of the parties has no reason to believe that Plaintiffs would not a. Nor is the co-founder, and this factor favors neither party the Murdaugh...
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