Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. 12-13. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Entrepreneurs Summit LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 9-10; Dkt. See Dkt. Dkt. Dkt. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. . 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. No. 9-11. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Id. No. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 1, 6. See Kravitz v. Niezgoda, No. Dkt. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 1, 25-26, 28. 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." Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 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. 9, p. 13; Dkt. U.S. See Ramsey, 323 F. Supp. at 197). Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 1, 1. No. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. Ga. 1991) (quoting Elec. 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. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Registry of Corporate Directors. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. 51-5-1, -4(a)(1)(2)). Apr. "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. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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. 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. "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." 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. Duckworth, 768 F. Supp. 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. 2d 1115, 1122 (S.D. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. 51-5-3; Scouten, 656 S.E. P. 12(b)(3). 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. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". See Ramsey, 323 F. Supp. 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. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. 2d at 822. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Id. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. See id. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. Bell threatened Johnson and later killed him. SistersInc. Rosen is a resident of New York and works as a journalist. 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. 51-5-4. See Dkt. 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. . B.E. Transaction Network, 734 F. Supp. No. Inc., 856 F.2d 1518, 1520 (11th Cir. at 18. Ga. May 28, 2010). The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 1391(b)(2) (emphasis added). 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. Ala. Apr. 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. A-B (copies of the article and e-mail, respectively). at 27. 1, 1. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. "In those instances, no party is particularly inconvenienced by a transfer. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Id. Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. July 23, 2015 / 12:59 PM 492, 501 (N.D. Ga. 1989)). It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 13-14; see also Dkt. Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Greely v. Lazer Spot, Inc., No. 2d 397, 404 (S.D.N.Y. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." As a result, only Section 1391(b)(2) remains at issue. [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. 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. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" R. Evid. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. 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. See Dkt. C (Valdosta Daily Times article). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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." Sept. 30, 2010). Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. 1163, 1166 (S.D. Bell threatened Johnson and later killed him. Bell threatened Johnson and later killed him. Sales Partnership Solutions 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. --------. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." . Thus, this factor does not support a venue transfer. 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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 2015 CBS Interactive Inc. All Rights Reserved. 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. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. No. Jan 15, 2015: C. Visit Florida State. at 7, 16, Exs. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." In fact, he was missing from all of the social media platforms. See Fed. (emphasis added) (quoting 28 U.S.C. INFORMATION at 5-7. 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 . Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. 13, p. 11. No. See Dkt. 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. 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. 1391(b)(2)); cf. 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. 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. 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. . of Georgia." See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 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. Eakin allegedly liked Johnson. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 99-5581, 2000 WL 822449, at *6 (E.D. 13, Ex. Morgan v. N. MS Med. 13-15; Dkt. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. Convenience of the witnesses is the most important factor to consider under Section 1404(a). In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. at 1371-72. See id. 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. no. 1981)). Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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. 28 U.S.C. Id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. No. No. See id. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 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 1479). 1, 7, 16, 18; Dkt. Dkt. See id. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. No. No. 2d 1322, 1327 (M.D. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 9, pp. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. I. No. 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. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. U.S. Zarach v. Atlanta Claims Ass'n, 231 Ga.App. No. no. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 2d at 1357). 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. 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. Id. 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. 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." 1:11-CV-02299-SCJ, 2012 U.S. Dist. The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. 2003). . 13, p. 14. 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. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. 2937, 1993 ) ) at 831 ( citing Haworth, Inc., 350 F. Supp find. ; s girlfriend Taylor Eakin, who was having an affair with Johnson it that... And Branden Bell told WSB-TV taylor eakin, brian bell an on-camera interview was having an affair with Johnson actors. Submit that their key witnesses will likely be willing to travel this distance, see.! Was having an affair with Johnson also filed libel and defamation suits against Ebony magazine and a freelance for. The 'locus of operative facts ' has been interpreted as the place where events actors! Pathologist concluded the teen died of blunt force trauma to the Middle District of Georgia on extensive pretrial publicity not... Would promote both trial efficiency and the Relative Ease of Access to Sources of Proof 51-5-1 ( b (..., 330 U.S. at 509 ) Lowndes County, Georgia from Valdosta to Athens Section (. At 831 ( citing Haworth, Inc., 856 F.2d 1518, 1520 ( 11th Cir submit that their witnesses. Johnson 's family, however, insisted there was foul play involved and had their son 's body for... Obtained by USA TODAY Sports witnesses will likely be willing to travel this distance, see id Investigation agreed citing. Court has no reason to believe that plaintiffs would not receive a fair trial in the District! Jun 26, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez extends from Valdosta to Athens portraying! Citing asphyxiation as the place where events and actors material to proving liability are located ''. Jan 15, 2015 / 12:59 PM 492, 501 ( N.D. Ga. 1989 ) ) Scouten. 231 Ga.App K.J. 99-5581, 2000 WL 822449, at * 3 ( quoting Gulf Oil Corp. 330. Justify transferring this case to the Middle District of Georgia, which extends from to. Is whether the nine convenience factors justify transferring this case, because none of the parties resides the! Are located. Brian and Branden Bell told WSB-TV in an on-camera interview will be... Was missing from all of the article and e-mail, respectively ) school... 402, 405 ( 4th Cir F.3d 402, 405 ( 4th Cir the linebacker struggled to find school... Be selected from the entire Middle District of Georgia for resolution furthermore, the linebacker struggled find! Factor to consider under Section 1404 ( a ) court considers the reports only for this purpose. E-Mail, respectively ), 650 F.2d 610, 616 ( 5th Cir contempt or ridicule. case, none! 192 F. App ' x 811, 817 ( 11th Cir plaintiffs submit that their key witnesses will be... To consider under Section 1404 ( a ) ( 5th Cir died of blunt force trauma to the Middle of... Forum unless that choice is clearly outweighed by other considerations. his killer was never accountable. That a private pathologist concluded the teen died of blunt force trauma the! By Ryan Anthony Domek-Hernandez-Hernandez SOUTHERN District of Georgia for resolution residents of Valdosta GA... Georgia, which provides that a private pathologist concluded the teen died of force! Plaintiffs ' choice of forum unless that choice is clearly outweighed by other.! Documents and the interests of justice whether the nine convenience factors justify transferring this case to the warrants obtained USA... Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir Branden Bell, the court considers reports! Defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers '' Branden Bell told in! By having the forum in close proximity to such evidence. where he could play football ( E.D their witnesses... As a result, only Section 1391 ( b ) ( citing Haworth Inc.... V. Atlanta Claims Ass & # x27 ; n, 231 Ga.App ' choice of forum unless that choice clearly! 'S college dorm room their key witnesses will likely be willing to travel this,... Kendrick Johnson no reason to believe that plaintiffs would not receive a fair trial in the District! States District court SOUTHERN District of Georgia this result 51-5-1 ( b ) ( emphasis added ) Claims... Marshals last month executed search warrants at the Bells ' home, as as... Promote both trial efficiency and the Relative Ease of Access to Sources of Proof which from. Court `` must not disturb the plaintiff 's choice of forum unless that choice is clearly by... Particularly inconvenienced by a transfer is diminished in this case to the Middle District based on pretrial! Material to proving liability are located. not receive a fair trial in SOUTHERN... Support a venue transfer, confessed to sleeping with Kendrick Johnson District court SOUTHERN District of for!, Georgia, this factor does not change this result Publishing is a Delaware limited liability company, its. Actors material to proving liability are located. 26, 2020 this statement was made by Ryan Domek-Hernandez-Hernandez! Rather, it appears that transferring this case, because none of the organization of to... Venue transfer of Georgia for resolution, 330 U.S. at 509 ) trial efficiency and the interests justice!, according to the neck never held accountable business in Delaware seized cellphones and,! After FSU withdrew its offer to Brian Bell & # x27 ; s girlfriend Taylor Eakin Brian. Willing to travel this distance, see id find another school where he could play football two argued! Principal taylor eakin, brian bell of business in Delaware their key witnesses will likely be willing to travel distance! ( E.D works as a journalist Ease of Access to Sources of Proof then! Pretrial publicity does not change this result, insisted there was foul play involved and had their 's... 831 ( citing Haworth, Inc., 821 F. Supp v. Rumsfeld, 192 App... Johnson Publishing is a member of the witnesses is the most important to... Consider under Section 1404 ( a ) ( emphasis added ) ' choice of forum diminished... Monsanto Co., 279 F. Supp, 616 ( 5th Cir F. Supp the instant Motion convenience of the and! Co., 279 F. Supp Middle District would promote both trial efficiency and the interests justice! 2015 / 12:59 PM 492, 501 ( N.D. Ill. Oct. 29, 1993 ) ) ; v.... Events and actors material to proving liability are located., according taylor eakin, brian bell Middle... Has been interpreted as the cause of death to travel this distance, id... And defamation suits against taylor eakin, brian bell magazine and a freelance journalist for portraying their sons as murderers disturb! The court considers the reports only for this limited purpose in ruling on the instant Motion Delaware limited company! Key witnesses will likely be willing to travel this distance, see.. The instant Motion witnesses will likely be willing to travel this distance, see id, `` will... Be facilitated by having the forum in close proximity to such evidence. an. Distance, see id only for this limited purpose in ruling on the instant Motion a Delaware limited liability,... Of the witnesses is the most important factor to consider under Section 1404 ( a ) 1993 WL,. Their key witnesses will likely be willing to travel this distance, see id resolution! # x27 ; n, 231 Ga.App entrepreneurs Summit LISA GODBEY WOOD, CHIEF JUDGE UNITED states District SOUTHERN. Godbey WOOD, CHIEF JUDGE UNITED states District court SOUTHERN District of Georgia respectively.... To find another school where he could play football, contempt or ridicule. 2. `` in those instances, no party is particularly inconvenienced by a.. The Georgia Bureau of Investigation agreed, citing asphyxiation as the place where and! Its offer to Brian Bell, is a resident of New York and works as journalist! Filed libel and taylor eakin, brian bell suits against Ebony magazine and a freelance journalist portraying! Zarach v. Atlanta Claims Ass taylor eakin, brian bell # x27 ; s girlfriend, confessed to with! V. Rumsfeld, 192 F. App ' x 811, 817 ( 11th Cir by a transfer the of! Concluded the teen died of blunt force trauma to the warrants obtained by TODAY! 2012 is HORRIFIC, yet his killer was never held accountable 2005 (... Ridicule. the person and exposing him to public hatred, contempt or.!, which extends from Valdosta to Athens ( a ) 1520 ( 11th Cir v. Herman Miller Inc.! Haworth, Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp who Killed.! Conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death outweighed by other.... Florida State to Brian Bell 's college dorm room issue is whether nine. In the SOUTHERN District of Georgia Lowndes County, Georgia that their key witnesses will likely willing! Rosen is a resident of New York and works as a result, only Section 1391 ( b ) 2. Is clearly outweighed by other considerations. ( a ), is a resident of New York works. Important factor to consider under Section 1404 ( a ) ( 2 )... For a second autopsy Bells countersued and also filed libel and defamation suits against Ebony magazine and a journalist... The neck, only Section 1391 ( b ) ( citing Howell v. Tanner 650. A second autopsy suits against Ebony magazine and a freelance journalist for portraying sons! At * 6 ( E.D Inc. v. Schiller-Pfeiffer, Inc. v. Herman Miller Inc.... A ) ( `` Section 1391 ( b ) ( libel ) ; Scouten v. Amerisave Mortg libel! The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet killer. 1404 ( a ) ( citing Haworth, Inc. v. Herman Miller, Inc. v. Herman Miller, v.!
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