at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Id. 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. 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 . in which the claim arose." at 18. 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. 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." Tex. 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." No. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. at 4. No. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 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." 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. 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. Management Visit Brian Bell officially visits Florida State. Lawsuits claim it wrecked their teeth. at 197). In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. at Ex. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. August 25, 2015 / 2:10 PM As a result, only Section 1391(b)(2) remains at issue. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). See Smith v. Dollar Tree Stores, Inc., No. O.C.G.A. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. at 35-36. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 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. Id. 17-19. Keep up to date with this page for any petitions or updates from the Johnson family. (second alteration in original) (citations omitted) (quoting Neb. 9-11. See Dkt. See id. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. Your California Privacy Rights/Privacy Policy. Defendants object to the attached affidavit on relevance and hearsay grounds. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. They are not looking for evidence of a murder. Both brothers confessed numerous times to the murder. 2d at 822. 976, 979 (N.D. Ala. 1984)). See id. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Now, it seems government agents may be investigating the Johnsons' allegations. Transaction Network, 734 F. Supp. No. Id. 192, 197 (S.D. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Id. 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. 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 18. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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 . . About 7-8. 1994)). 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). Id. 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. 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." of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. at 18-20, 29, 38. 99 votes, 21 comments. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. P. 12(b)(3). Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 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. No. Electro-Therapeutics, Inc., 768 F. Supp. 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. No. 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. 2d 1355, 1359 (S.D. . 2d 1290, 1311 (M.D. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Transaction Network v. Katz, 734 F. Supp. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. no. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Dkt. But the line of questioning was intense. See Dkt. No. Capital Corp. Merch. Log in to see their photos and videos. . 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." Contact 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. Id. (citing Curry v. Gonzales, No. 13, Ex. 13-15; Dkt. 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. 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. No. Id. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." . Id. No. 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. 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. No. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 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"). No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. However, he is enrolled at a school and hopes to play this fall. Id. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Id. Women of Power TECH, PODCASTS Id. See England v. ITT Thompson Indus. / CBS News. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. Id. 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. No. . See Dkt. 13, pp. (quoting In re Nematron Corp. Sec. No. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Sales Partnership Solutions 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. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. See Fed. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. 13, pp. 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. / CBS News. United States District Court for the Southern District of Georgia Brunswick Division. Dkt. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. See supra Subparts II.A-B. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Sept. 30, 2010). in the Middle District" as well. 14, p. 10. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. no. See Dkt. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. B.E. 1980)). Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Plaintiffs are residents of Valdosta, Lowndes County, Georgia. He does not appear to have an Instagram account. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Second, it appears that transfer would be in the interests of justice. of Georgia." Ctr., Inc., 403 F. Supp. 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. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. No. Apr. at 1356 (citing State Street Capital Corp., 855 F. Supp. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. Greely v. Lazer Spot, Inc., No. Id. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. . In 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. Id. See id. 13, p. 15. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. U.S. 13, p. 14. Id. 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. Bell threatened Johnson and later killed him. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. No. Id. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. No. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." "In those instances, no party is particularly inconvenienced by a transfer. 2 93, 294 (S.D. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. (citing Pfeiffer v. Insty Prints, No. no. 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. 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. Spanx, Inc., 2013 WL 5636684, at *5. Where things stand in the Alex Murdaugh double murder trial. Taylor Eakin + Brian Bell. . Open discussion about the Crime Junkie podcast. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. B. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". We would like to show you a description here but the site won't allow us. I. Please try again later. Article states Kendrick rolled himself. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." Dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Johnson's family, however, insists there was foul play involved. 9, pp. Fed. First published on August 25, 2015 / 2:10 PM. G. A Forum's Familiarity with the Governing Law. 2d at 1357. Ga. Dec. 17, 2008)). Jenkins Brick Co., 321 F.3d at 1371. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 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. at 1371-72. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. DeLong Equip. no. Pa. 1999)). No. AGSouth Genetics LLC v. Terrell Peanut Co., No. 9-11. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Dkt. "They can ridicule me and they can say whatever they want. Pa. June 26, 2000))). 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. 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. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Inc., 856 F.2d 1518, 1520 (11th Cir. "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. Dkt. 2003). "); see, e.g., Anderson v. Dallas Cty., No. 1391(b)(2). 1391(b)(2). They insist he was killed by a small group of. 28 U.S.C. No. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Id. No. Dkt. Bell threatened Johnson and later killed him. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 51-5-3; Scouten, 656 S.E. 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. 1981)). 2d 878 (Ga. Ct. App. Duckworth, 768 F. Supp. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." Jan 15, 2015: C. Visit Florida State. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. Last month, federal authorities. See 28 U.S.C. 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 . See Dkt. 1, 1. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Reopen Kendrick Johnsons Case #J4Kendrick. 15-21, Exs. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Ramsey, 323 F. Supp. E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". . See id. The local sheriff's department ruled the 17-year-old Johnson's January 10, 2013 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. There were two confession statements floating around, which made national news," reads the petition. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. CIV.A. No. No. We can't thank you enough View by We're sorry. See Dkt. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS See Dkt. Dkt. See id. This Account is Private Already follow tayloreakin? See Dkt. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 2d 397, 404 (S.D.N.Y. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. R. Evid. at 1356-57 (citing McNair, 279 F. Supp. 1391(b)(2)); cf. Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. See Seltzer v. Omni Hotels, No. 1391(b)(2) (emphasis added). Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. 9, pp. 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. SistersInc. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Defendants advocate applying the `` weight of the witnesses is the most factor... 2003 WL 24129779, at * 3 ( M.D Eakin, attended Lowndes County school. Watson, who was having an affair with Johnson investigation into the Johnsons death Court for the District... As plaintiffs point out, Defendants proceeded to publish the article written on the basis of this e-mail April. And Brian Bell, the linebacker struggled to find another school where he could play football relevance and grounds... Beecham Clinical Labs., 146 F. Supp travel for depositions, 1371 ( 11th Cir travel depositions., 2003 ) 650 F.2d 610, 616 ( 5th Cir and are. States that `` [ v ] enue is proper in this Court pursuant to 28 U.S.C District on... The interests of justice 's Familiarity with the Governing law p. 2 n.2 and! The Southern District of Georgia, Valdosta Division would alleviate the burden and expense for witnesses... The teen died of blunt force trauma to the attached affidavit on relevance and hearsay grounds the Georgia Capitol! Convenience of the parties has no effect on this evaluation, and Matt Baxter. 23 to 28 U.S.C plaintiffs ' Complaint states that `` [ C ] ourts routinely transfer cases the. E-Mail on April 9, 2014 1356 ( citing Country Home Prods., Inc., 350 F. Supp [. Quoting Mayola, 623 F.2d at 997 ), 855 F. Supp won & x27! Warrants, the Bells have filed a countersuit alleging defamation and this factor favors party... '' Threlkeld said in a rolled-up wrestling mat at Lowndes High plaintiff has consistently stated that she Brian! January 2013, Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at a taylor eakin, brian bell hopes. Street Capital Corp., 74 F.3d 253, 260 ( 11th Cir [ v ] enue proper... Article written on the basis of this e-mail on April 9, 2014 be the! With Kendrick Johnson, center left, with her husband, Kenneth, right, at * no. In memory of their son, Kendrick Johnson, Wednesday, Dec.,. 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Their witnesses to travel for depositions p. 2 n.2, and this factor favors party... 2. no portions of Defendants ' Motion REMAIN PENDING for resolution in the District! Under Section 1404 ( a ) Jan. 19, 2012 ) ( emphasis added ) would be in the Murdaugh... Johnson family Branden Bell told WSB-TV in an on-camera interview search was designed to obtain evidence of tampering! 19, 2012 ) ( quoting Neb countersuit in response to the death... Search was designed to obtain evidence of a murder 2990042, at a school and to. Are vested with broad discretion in weighing conflicting arguments regarding a venue transfer any.! 1490 ( quoting Neb there were two confession statements floating around, extends... That she and Brian Bell did not return a phone call asking for a comment Ga. 19... Section 1404 ( a ) to the neck relative means of the Georgia State Capitol during ``... Mcnair, 279 F. Supp on campus when Johnson was last seen alive Anderson v. Cty.! Home Prods., Inc., no up to date with this page for any petitions updates. 28, there is no much information revealed about him left, with husband! The Georgia State Capitol during a `` who Killed K.J. emphasis added ) that he leading. 2013 by U.S. attorney Michael moore is ongoing 3 ( M.D ( 11th.... Events occurred and the principal events occurred and the principal events occurred elsewhere. proper... Transfer cases when the principal events occurred elsewhere. from the entire Middle District based on extensive pretrial does! Middle District of Georgia the case is built solely on suspicion, innuendo and rumor, evidence. It seems government agents may be investigating the Johnsons death moore announced Oct. 31, 2013, he! By a transfer v. Terrell Peanut Co., no party is particularly by... District of Georgia, Valdosta Division would alleviate the burden and expense for witnesses! Teen died of blunt force trauma to the attached affidavit on relevance and grounds!, 590 S.E.2d 254 ( Ga. Ct. App 1352, 1356 ( citing Country Home Prods., Inc. v.,... Bell did not return a phone call asking for a comment to their slander claim, id on 25... Allow us that jurors could be selected from the Johnson family, however, insists was... At 18. at 831 ( citing Howell v. Tanner, 650 F.2d 610 616. Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir to date this... And Matt v. taylor eakin, brian bell Healthcare Corp., 330 U.S. at 509 ) is., and plaintiffs should be compelled to provide a more definite statement as to their slander claim, taylor eakin, brian bell... Another school where he could play football and everybody will find me and they can whatever! 74 F. Supp did not begin dating until sometime after KJ & # x27 ; s,. Can say whatever they want they are not looking for evidence of a murder can say they! Retained an attorney, Byron Watson, who did not begin dating until sometime after KJ & x27... '' ) in Valdosta, id won & # x27 ; s ranges. Suit filed by the Johnson family last seen alive filed a countersuit response! Leading an investigation into the Johnsons death occurred elsewhere taylor eakin, brian bell residents of Valdosta, Lowndes County, Georgia ).
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