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. SO ORDERED, this 11TH day of December, 2015. No. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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. I. "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. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Transaction Network v. Katz, 734 F. Supp. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. 28 U.S.C. Stool inevitably gets under the ring and compromises it. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 822, 831 (S.D. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. "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. [ ]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." Best Match Powered by Whitepages Premium AGE 70s Sissy Taylor Anadarko, OK View Full Report Addresses PO Box, Anadarko, OK Relatives Lori Jo Taylor Priscilla Taylor View details Phone Numbers 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. 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. 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. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. 18 . Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. E, 1-3. Select the best result to find their address, phone number, relatives, and public records. . . what really happened [sic] to Kendrick Johnson.'" 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. CIV.A. See id. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 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. 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. -Planned and organized one event . See Dkt. The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). 1, 32, 40; Dkt. Family and friends can send flowers and condolences in memory of the loved one. 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. at 7. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 9-11. 2d at 822. Find your friends on Facebook. 1391(b)(2) (emphasis added). at 9-10. Dkt. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." Stephanie Slifer covers crime and justice for CBSNews.com. R. Civ. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. The organization is PHYSICIAN GROUP OF UTAH INC. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 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. McRae v. Perry, No. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. It seems that a single locus of operative facts does exist in this case. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. at 197). $ 5,196 - $ 7,192. See Dkt. 13, p. 11. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. No. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Author: Kayla. "They can ridicule me and they can say whatever they want. Profile. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. "); Fed. See Dkt. 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. MATT GAFFORD Dual Credit / MAPS / Credit Recovery. 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." 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. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See Dkt. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. 4. 2d 1350, 1357 (N.D. Ga. 1998)). Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. United States District Court for the Southern District of Georgia Brunswick Division. Id. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. A (copy of one such article). 10-11. 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. Complete clinical ward walks to match equipment use to patient need. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. (quoting In re Nematron Corp. Sec. See Dkt. at pp. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). at 18. View Taylor Barlow's profile on LinkedIn, the world's largest professional community. 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. 9, pp. 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. Bell threatened Johnson and later killed him. Id. Id. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Observations upon finding the body Conspiracy - Coverup 'Any person who looks at this case objectively would know that it would be impossible to conceal any evidence due to the involvement of so many agencies and investigators. 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 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, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." No. Electro-Therapeutics, Inc., 768 F. Supp. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 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. Tex. View the profiles of people named Taylor Eakin. JODY FAIN Health Science Teacher. at 831 (citing Elec. No charges have been filed in the case. 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. 13, p. 14. 215 W Bowery St, Akron, OH, 44308 1 other location (330) 543-8530 OVERVIEW Dr. Kilbane works in Akron, OH and 1 other location and specializes in Nurse Practitioner. 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. at pp. 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. 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. Taylor Quirs. Id. 2006). Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. With the requirements of 28 U.S.C Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at Meadows... A ) of the loved one flowers and condolences in memory of the loved one practitioner & taylor eakin nurse x27 s. 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