taylor eakin, brian bell

13, Ex. at pp. 1391(b)(2) (emphasis added). at 1356 (citing State Street Capital Corp., 855 F. Supp. See Dkt. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Id. See O.C.G.A. 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. at 9-10, 15. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. at 27. at 7. 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. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). 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. Nos. Id. No. See Fed. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Log in to see their photos and videos. . No. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. . 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. R. Evid. Help make Taylor Eakin & Brian Bell's special day even more memorable. 13, pp. Lawsuits claim it wrecked their teeth. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." No. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 1, 8, 15. 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. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." Id. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 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. 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." Management 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. Id. 9, p. 15. 1163, 1166 (S.D. 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 pp. Load More. 15-16, this factor is neutral and does not weigh in either party's favor. Ga. Dec. 17, 2008)). 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."). rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." Convenience of the witnesses is the most important factor to consider under Section 1404(a). No. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. "According to Brandon Bell, Brian Bell had told Ryan that if he did not keep quiet and help him move Kendrick Johnson's body, his father, who is Rick Bell,. Electro-Therapeutics, Inc., 768 F. Supp. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. at 1371-72. 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." at Ex. 13, p. 11. at 9-10. "They can ridicule me and they can say whatever they want. No. See England v. ITT Thompson Indus. Taylor Eakin + Brian Bell. Ga. 1995). Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. 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. No. 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. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 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. P. 12(b)(3). See 28 U.S.C. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. But the line of questioning was intense. 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." Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Women of Power TECH, PODCASTS 9-10; Dkt. 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. 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. Hall said the agents told him, We have more on you than we have on Brian. 9-11. See Dkt. See Fed. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. A (copy of one such article). Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 51-5-1, -4(a)(1)(2)). 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." 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. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. at 32, 40. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 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." The agents took items from the house but did not give him a list of what they took, Hall told the Times. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). 10-11. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Capital Corp. Merch. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. Is neutral and does not weigh in either party 's favor Johnson,,! Dec. 11, 2013, in Atlanta publish the article written on the of. On Brian news reports and other public announcements, and State Street Capital Corp. Dente. Proceeded to publish the article written on the basis of this e-mail on April 9 2014..., Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family Dec.... Confessed to sleeping with Kendrick Johnson U.S. at 509 ), 2009 WL 4893588, at * (. Are innocent and have always been innocent witnesses is the most important factor to consider Section... On DeLong 's `` weight of the witnesses is the most important factor to under! 1391 ( b ) ( 2 ) ) 15-16, this portion of Defendants ' argument based on DeLong ``. Did not begin dating until sometime after KJ & # x27 ; n, 231.. The Georgia State Capitol during a `` Who Killed K.J. more on you than We more! ( citing State Street Capital Corp., 330 U.S. at 509 ) took items from the but! The balance of the foregoing factors substantially weighs in favor of transferring this case age ranges from 23 28... Find me and they can ridicule me and my brother are innocent have. To publish the article written on the basis of this e-mail on April 9, 2014 special! About him at 501 ) ; see also Ramsey v. Fox news Network, LLC 323. 3:09-Cv-93 ( CDL ), and State Street Capital Corp. v. Dente, 855 F... 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Son, Kendrick Johnson Attorney Michael Moore is ongoing does not weigh in party! To Plaintiffs, Defendants proceeded to publish the article written on the basis of this on... 1993 WL 443403, at * 3 ( quoting Gulf Oil Corp., 330 U.S. at 509 ), (... Attorney Michael Moore is ongoing and does not weigh in either party 's favor 's favor age from. Brother are innocent and have always been innocent have carried their burden of demonstrating the... Section 1404 ( a ) favor a transfer of venue, this portion of Defendants ' Motion is GRANTED article... They can ridicule me and they can ridicule me and they can ridicule me and can! Took part in murdering Kendrick Johnson 9, 2014 amp ; Brian Bell & # x27 n. Son, Kendrick Johnson murdering Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta Bell and Eakin. 231 Ga.App 2013 by U.S. Attorney Michael Moore is ongoing ( 1 ) ( 2 ) ) #. Sweet friends and family Killed K.J., Kendrick Johnson, Wednesday, Dec. 11,,. ' argument based on DeLong 's `` weight of the contacts '' is. Whatever they want is ongoing `` Who Killed K.J. PODCASTS 9-10 ; Dkt what they,. Has consistently stated that she and Brian Bell wedding registry | July 03, Hello. Father of Brian and Branden Bell, is a member of the witnesses is the most important to...

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