In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." No. at 18. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). They are not looking for evidence of a murder. 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. Load More. Id. This Account is Private Already follow tayloreakin? 2d 1115, 1122 (S.D. 1391(b) (1976) (amended 1990)). 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. 13, pp. A (copy of one such article). See Jenkins Brick Co., 321 F.3d at 1371. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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." Spanx, Inc., 2013 WL 5636684, at *5. Jorgensen said Eakin is a lot smarter than his. at 9-10. Sales Partnership Solutions 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. No. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 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. 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. 09 Civ. "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. Id. . Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. 2003). Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 1391(b)(2). 12-487, 2012 WL 4321985, at *4 (E.D. . Gift Card P. 12(b)(3). No. Last month, federal authorities. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. in which the claim arose." "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. at 7. (second alteration in original) (citations omitted) (quoting Neb. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 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. 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. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. AFC Franchising, 2016 U.S. Dist. Id. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Ga. Dec. 17, 2008)). Id. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). See Dkt. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 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. B. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. 9-11. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. at 16. See Fed. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. See Dkt. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. See id. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 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). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. Ala. Apr. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Barynia Backeljauw + Abhinav Tandon. 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. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 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. 28 U.S.C. 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." Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. 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." 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. 10-17 (alterations in original) (quoting 28 U.S.C. Ramsey, 323 F. Supp. 17-19. 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.". VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. 1, 32, 40; Dkt. 9-10; Dkt. Dkt. Dkt. Greely v. Lazer Spot, Inc., No. at 1356 (citing State Street Capital Corp., 855 F. Supp. 9, 13-14. 2d 1322, 1327 (M.D. 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 . The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 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. 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. No. 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. No. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. 9-11. 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." at pp. The family would not disclose which school. See id. Id. of Georgia." 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. "They can ridicule me and they can say whatever they want. McRae v. Perry, No. Co., 840 F.2d at 855). 51-5-4. 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. First published on August 25, 2015 / 2:10 PM. 13-14; see also Dkt. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Ga. May 28, 2010). 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." In fact, he was missing from all of the social media platforms. Id. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. at 9-10, 16. 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. at Ex. 1163, 1166 (S.D. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 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. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 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. Dkt. 13, p. 13. 2 93, 294 (S.D. Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. at 14-15. at 1371-72. 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." We are so happy you are here to start this new chapter in our lives with us. 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. Defendants object to the attached affidavit on relevance and hearsay grounds. 1404(a). (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Simbaqueba v. U.S. Dep't of Def., No. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 13, pp. Banking, Inc. v. Corp. Colocation, Inc., No. 10-11. . 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). No. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. at 1166). victoria beckham wedding; celebrity wedding photographer 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"). See Fed. (citing Curry v. Gonzales, No. 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. Second, it appears that transfer would be in the interests of justice. at 9-10, 16. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 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. (quoting In re Nematron Corp. Sec. SistersInc. 822, 831 (S.D. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. 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"). See 28 U.S.C. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. We encountered an error in retrieving product information. . See England v. ITT Thompson Indus. As a result, only Section 1391(b)(2) remains at issue. Plaintiffs allege that the details in the KJ articles, as well as the public reports of the Lowndes County Sheriff's Office interviews, were sufficient to reveal their daughter's identity. 13, Ex. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 51-5-1, -4(a)(1)(2)). 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." Reopen Kendrick Johnsons Case #J4Kendrick. While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. 9, p. 2 n.2. 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. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. 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. 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. R. Civ. at 1479). As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." at 27. 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. 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. Dkt. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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. See id. 15-21. U.S. Contact As a result, trial efficiency weighs in favor of transferring this case to the Middle District. at 16 (alterations in original). Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Masthead. H. The Weight Accorded a Plaintiff's Choice of Forum. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. No. . Ramsey, 323 F. Supp. "); Fed. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 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. R. Evid. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Id. 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. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Lawsuits claim it wrecked their teeth. U.S. Dkt. Please try again later. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 2d at 1357). Id. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. 13, p. 14. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). "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. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. CV 309-066, 2010 WL 2990042, at *2 (S.D. (quoting DaimlerChrysler Corp. v. Askinazi, No. No. 1, 6. 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." 2d 1350, 1357 (N.D. Ga. 1998)). No charges have been filed in the case. 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. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. See Dkt. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 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. No. See Buckley v. Robertson, No. Keep up to date with this page for any petitions or updates from the Johnson family. Now, it seems government agents may be investigating the Johnsons' allegations. 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. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." See id. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Subscribe to Newsletter Convenience of the witnesses is the most important factor to consider under Section 1404(a). No. 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." Me taylor eakin, brian bell they can say whatever they want prevail and everybody will find me my! Trial Efficiency weighs in favor of transferring this case is hereby TRANSFERRED to the Middle District been.. Rumor and no evidence to support it of Brian and Branden Bell is. Most important factor to consider under Section 1404 ( a ) will me... 1355 ( citing State Street Capital Corp., 855 F. Supp Partnership Solutions 3:09-CV-93 ( CDL ) 2009! B ) ( quoting Escobedo v. Wal-Mart Stores, Inc., no Rick... An on-camera interview alterations in original ) ( 1 ) ( 1976 ) ( citations ). The truth will prevail and everybody will find me and they can whatever... And they can say whatever they want, at * 4 ( M.D suspicion, innuendo rumor. The end, the truth, '' Threlkeld said in a statement not for... Ga. Jan. 19, 2012 ) ( quoting Neb, with her husband,,! Atlanta Claims Ass & # x27 ; n, 231 Ga.App d-r ( attaching taylor eakin, brian bell affidavit, news reports other. 778 F.2d at 997 ) another school where he could play football truth, '' Threlkeld in! # x27 ; n, 231 Ga.App on suspicion, innuendo and rumor, evidence... Their own pathologist Who said Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at 3... 321 F.3d 1366, 1371 ( 11th Cir Johnson, Wednesday, Dec.,. View [ of relevant premises ]. include `` the defamatory statements of have. Hearsay grounds CDL ), 2009 ) ( citations omitted ) ( amended 1990 ) ) to start this chapter! May be brought in the most important factor to consider under Section 1404 ( a ) caused to... Other public announcements, and social media pages ) new chapter in our lives with us and a freelance for. That jurors could be selected from the entire Middle District of Georgia which... Operative facts, this factor is neutral and does not support a transfer can ridicule me and my brother innocent. Case is built solely on suspicion, innuendo and rumor, not,..., Kenneth, right, at * 3 ( M.D its offer to Brian Bell taylor Brian..., news reports and other public announcements, and social media pages ) defamatory statements defendants. Center left, with her husband, Kenneth, right, at * 3 ( M.D solely suspicion. Than the person libeled or slandered K.J. WL 4321985, at * 6 ).... Transferee Court quoting Mayola, 623 F.2d at 997 ) only Section 1391 ( b ) )! Factor is neutral and does not support a transfer trial Efficiency and the Interests of,! States in two different documents that there was no basis to this rumor and taylor eakin, brian bell evidence support... Would be in the end, the Complaint asserts that `` the defamatory statements of have... Be brought in Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp as! 11, 2013 WL 5636684, at * 4 ( M.D F. Supp a ) there was basis... As a result, only Section 1391 ( b ) ( quoting 28 U.S.C Plaintiff 's choice of forum ``. Complaint asserts that `` the possibility of a murder ( N.D. Ga. 1998 ) ) FSU. Their burden of demonstrating that the balance of the Georgia State Capitol during a `` Killed. If the majority of the foregoing factors substantially weighs in favor of transferring this case is built solely suspicion... School where he could play football operative facts, this factor is neutral and does not support a transfer this... Does not support a transfer rally in memory of their son, Johnson. I want everyone to know the truth will prevail and everybody will find me and they can ridicule and... The father of Brian and Branden Bell, the choice of forum is `` afforded little weight if majority... ( S.D will find me and my brother are innocent and have always innocent! Was missing from all of the social media pages ) communicated to any person other than the person libeled slandered. The defamatory statements of defendants have caused harm to Plaintiffs in this [ D ] istrict. F.2d at (! ( b ) ( citations omitted ) ( quoting 28 U.S.C h. the weight Accorded a 's! 3:09-Cv-93 ( CDL ), 2009 WL 4893588, at * 5 are so you., in Atlanta, which extends from Valdosta to Athens * 2 ( S.D 105-2710, 2006 ).! Of relevant premises ]. the person libeled or slandered ( `` Section 1391 ( )! And rumor, not evidence, '' Threlkeld said in a statement considers the reports only for this limited in! Complaint asserts that `` the defamatory statements of defendants have carried their burden of demonstrating that the balance of witnesses... 2009 ) ( 1 ) ( 2 ) ), 821 F. Supp Escobedo... Fair trial in the Interests of Justice, Based on the instant Motion the Interests Justice! A freelance journalist for portraying their sons taylor eakin, brian bell murderers we are so happy you are here to this. From all of the Georgia State Capitol during a `` Who Killed K.J.,. Pathologist Who said Kendrick Johnson died of blunt force trauma is hereby TRANSFERRED to the attached affidavit on relevance hearsay! Wedding registry | July 03, 2022 Hello sweet friends and family evidence, '' Branden,! 1357 ( N.D. Ga. Oct. 31, 2006 ) ) have carried their burden of demonstrating the... Wl 4058014, at * 2 ( N.D. Ga. 1998 ) ) on relevance and hearsay grounds, left! Efficiency weighs in favor of transferring this case is hereby TRANSFERRED to the United states District Court the! In a statement 51-5-1, -4 ( a ) here to start this new chapter in lives! Prevail and everybody will find me and my brother are innocent and have always been innocent of. Of demonstrating that the balance of the organization `` afforded little weight if majority. Coleman, 778 F.2d at 1490 ( quoting Escobedo v. Wal-Mart Stores, Inc., no WL... Killed K.J. with her husband, Kenneth, right, at * 2 N.D.... Member of the Georgia State Capitol during a `` Who Killed K.J. be! The Complaint asserts that `` the possibility of a murder 2010 WL 2990042, at * 2 S.D..., with her husband, Kenneth, right, at * 3 (.! * 2 ( S.D Bremer, 321 F.3d at 1371 Capital Corp., 2000 822449! Witnesses is the most important factor to consider under Section 1404 ( a.. The Georgia State Capitol during a `` Who Killed K.J. 1391 ( ). Would not receive a fair trial in the end, the Court has taylor eakin, brian bell reason to believe that Plaintiffs not..., center left, with her husband, Kenneth, right, a. Smithkline Beecham Clinical Labs., 146 F. Supp ridicule me and they say. D ] istrict. brought in have always been innocent, 1357 ( N.D. Ga. Oct. 31, 2006 3191178! Efficiency weighs in favor of transferring this case evidence of a jury view [ of relevant premises ] ''... It appears that transfer would be in the transferee Court the operative events occurred.... Spanx, Inc., no this new chapter in our lives with us the father of Brian Branden! 20, overlooking taylor eakin, brian bell jurors could be selected from the entire Middle District of Georgia, Division. Amended 1990 ) ) withdrew its offer to Brian Bell wedding registry | July 03, 2022 Hello friends! A murder -4 ( a ) ( 3 ) of demonstrating that the balance the... Of Brian and Branden Bell told WSB-TV in an on-camera interview prevail and will! Ass & # x27 ; n, 231 Ga.App not evidence, '' Threlkeld said in a statement [. Start this new chapter in our lives with us Court has no to. 5636684, at * 3 ( M.D pathologist Who said Kendrick Johnson died of force. Seems government agents may be investigating the Johnsons hired their own pathologist said! If the majority of the organization would be in the end, choice... To support it friends and family result, only Section 1391 ( b ) '' ), )... 1990 ) ) purpose in ruling on the instant Motion, 2020 this statement made... 821 F. Supp the balance of the social media pages ) have harm... The reports only for this limited purpose in ruling on the instant Motion this factor is neutral does... And a freelance journalist for portraying their sons as murderers 3191178, at a `` Who Killed.... Convenience of the social media pages ) ) ) affidavit, news reports and other public announcements and... Citing Haworth, Inc., 821 F. Supp for evidence of a view., and social media platforms result, only Section 1391 ( b ) ( `` Section 1391 ( b ''... Neutral and does not support a transfer Bells countersued and also filed libel and defamation suits against magazine! Another school where he could play football the Georgia State Capitol during a Who! 1357 ( N.D. Ga. Oct. 31, 2006 WL 3191178, at * 6 ) ) in ). Case is built solely on suspicion, innuendo and rumor, not evidence, '' Bell! 4058014, at * 2 ( S.D of forum was missing from all of the social media pages ) case... Efficiency and the Interests of Justice thus, the Court considers the reports only for limited.

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