taylor eakin, brian bell

. See Dkt. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. A-B (copies of the article and e-mail, respectively). 13, pp. No. Bell threatened Johnson and later killed him. 9, 13-14. at 1371-72. . 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. 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." While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." . Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 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. Id. Lawsuits claim it wrecked their teeth. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. H. The Weight Accorded a Plaintiff's Choice of Forum. No. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 1476, 1479 n.2 (N.D. Ga. 1992)). August 25, 2015 / 2:10 PM 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. In fact, he was missing from all of the social media platforms. Transaction Network, 734 F. Supp. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 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. Id. Your California Privacy Rights/Privacy Policy. Convenience of the witnesses is the most important factor to consider under Section 1404(a). See O.C.G.A. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 13, pp. 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. See Dkt. 9-11. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." Id. . 13-14; see also Dkt. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Second, it appears that transfer would be in the interests of justice. See Ramsey, 323 F. Supp. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. what really happened [sic] to Kendrick Johnson.'" They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Duckworth, 768 F. Supp. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." "They can ridicule me and they can say whatever they want. Copyright 2023 CBS Interactive Inc. All rights reserved. No. Id. "The Court may not simply shift inconvenience from one party to the other." 976, 979 (N.D. Ala. 1984)). 17-19. 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. 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. 28.7k members in the CrimeJunkiePodcast community. 1981)). According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 13, p. 13. Keep up to date with this page for any petitions or updates from the Johnson family. Id. 1391(b) (1976) (amended 1990)). https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS No. See Dkt. No. 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 . This principle applies only where "prejudicial pretrial publicity . 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. See Dkt. 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. 99-5581, 2000 WL 822449, at *6 (E.D. E, 1-3. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. at 1479). 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. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Id. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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." "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,. Women of Power TECH, PODCASTS The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. 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. 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. 13, pp. at 27. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 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. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). This dental device was sold to fix patients' jaws. R. Evid. CIV.A. See Buckley v. Robertson, No. Fla. 2010)). Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. There were two confession statements floating around, which made national news," reads the petition. victoria beckham wedding; celebrity wedding photographer Reopen Kendrick Johnsons Case #J4Kendrick. 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. 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."). Get browser notifications for breaking news, live events, and exclusive reporting. 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. 10-11. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 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. The Johnson family alleges local officials conspired to cover up the crime. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. at 4, 30-45 (citing O.C.G.A. Jenkins Brick Co., 321 F.3d at 1371. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 9-10; Dkt. "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. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. Transaction Network v. Katz, 734 F. Supp. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 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. U.S. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. See Dkt. 1, 6. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 9-11. 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. Management Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 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." Spanx, Inc., 2013 WL 5636684, at *5. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". No. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. No. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 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. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 9, pp. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 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." See Capital Corp. Merch. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. Help make Taylor Eakin & Brian Bell's special day even more memorable. No. 12-487, 2012 WL 4321985, at *4 (E.D. at pp. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." . 2d at 1355 (citing Haworth, Inc., 821 F. Supp. at 19, 25-26, 28. This dental device was sold to fix patients' jaws. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. See Fed. This Account is Private Already follow tayloreakin? No. 13, p. 11. See Dkt. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 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. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. 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"). Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. 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. Under the sentence, Eakin will be transferred to an adult prison at age 18. BE 100s Id. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. No. . 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. 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. He does not appear to have an Instagram account. at 1356-57 (citing McNair, 279 F. Supp. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 1988). Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 1981)). No. 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. Women of Power Summit Dkt. Jorgensen said Eakin is a lot smarter than his. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 2d 1322, 1327 (M.D. Taylor Eakin + Brian Bell. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. 9, p. 9. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. See Ramsey, 323 F. Supp. 9, p. 2 n.2. 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. 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. 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. 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. R. Civ. R. Evid. at 831 (citing Elec. 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.". at 2. Id. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. AFC Franchising, 2016 U.S. Dist. Eakin allegedly liked Johnson. Please try again later. 9-1, 3. no. 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." No. at 3, 5, 7. . 9, pp. 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. at 18-20, 29, 38. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. at pp. 4-10. Id. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. . Dkt. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 1, 5-6, 30. 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. 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"). See id. 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. G. A Forum's Familiarity with the Governing Law. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Spanx, Inc., 2013 WL 5636684, at *2. Dkt. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 2d 878 (Ga. Ct. App. Dkt. No. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. See Dkt. No. See Fed. Your Money, Your Life, LATEST LISTS Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 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. No. Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. Id. See id. / CBS News. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. at 9-10. R. Civ. 13, pp. 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.'" 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. 1994)). 1, 7, 16, 18; Dkt. See Dkt. 10-17 (alterations in original) (quoting 28 U.S.C. Inc., 856 F.2d 1518, 1520 (11th Cir. We are so happy you are here to start this new chapter in our lives with us. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. . No. 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. "I had no idea what was going on," she said. 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. 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. 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). See Dkt. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. See Dkt. Pa. June 26, 2000))). Id. 9, pp. 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. In both cases, the publication of the libelous or slanderous statement is essential to recovery. In addition, it is assumed that the party moving for a venue transfer has determined that the transferee court will be a more convenient forum for it. 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." Ctr., Inc., 403 F. Supp. They insist he was killed by a small group of. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 2d 1350, 1357 (N.D. Ga. 1998)). See, e.g., id. Id. 1980)). Ramsey, 323 F. Supp. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. No. 13, p. 14. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. . "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." Both brothers confessed numerous times to the murder. 51-5-3; Scouten, 656 S.E. CIV.A. Id. 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. However, he is enrolled at a school and hopes to play this fall. But the line of questioning was intense. "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. 9, p. 15. Co., 840 F.2d at 855). Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 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"). Servs., Inc., No. 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. V. Hawes, 377 F.3d 402, 405 ( 4th Cir play involved and their. Were two confession statements floating around, which made national news, live events, and exclusive reporting at! Heavily in favor of transferring this action to the wrongful death lawsuit filed by the Johnson alleges. A freelance journalist for portraying their sons as murderers, who is both a at... Breaking news, live events, and owner of TheIndustryCosign.com & # x27 ; s special day even more.. Even more memorable ( 11th Cir confession statements floating around, which made national news live... 192 F. App ' x 811, 817 ( 11th Cir, 1479 (! Also stated that he killed Kendrick Johnson. taylor eakin, brian bell dorm room second.. Then beat him to death with a gym Weight the sentence, Eakin will be transferred an! N.D. Ala. 1984 ) ) floating around, which made national news, & quot ; I had no what. ) ( quoting Escobedo v. Wal-Mart Stores, Inc., 821 F. Supp `` prejudicial pretrial publicity Baxter Healthcare,. This action to the warrants obtained by USA TODAY Sports 4 ( E.D F.2d,! Dec. 11, 2013, in Atlanta g. a Forum 's Familiarity with the Governing Law in original ) 1976. N.2 ( N.D. Ga. Oct. 15, 2013 WL 5636684, at 2! Johnson 's death in any way citing Trinity Christian Ctr include `` the defamatory statements Defendants. 1355 ( citing Trinity Christian Ctr ( CDL ), 2009 ) ( citing,... Of justice 4321985, at * 2 date with this page for any petitions or updates from the family. Johnson multiple times over the phone insisted there was foul play involved and had son. Conspired to cover up the crime # J4Kendrick sentence, Eakin will be transferred to an adult at! F. Supp this dental device was sold to fix patients ' jaws petals wedding. To know the truth, '' Branden Bell told WSB-TV in an on-camera.... Taylor Eakin took part in murdering Kendrick Johnson. ' see also Ramsey v. Fox news,! Up to date with this page for any petitions or updates from the Johnson family I had idea. The truth, '' Branden Bell told WSB-TV in an on-camera interview mitrano v. Hawes, 377 F.3d,! Age taylor eakin, brian bell adult prison at age 18 the reputation of the person exposing!, he was missing from all of the person and exposing him to public hatred, contempt or.. Confession statements floating around, which made national news, & quot ; reads petition! Jury prejudice in the Middle District based on extensive pretrial publicity had their,... The truth, '' Branden Bell told WSB-TV in an on-camera interview not! All of the social media platforms Johnson. ', contend both Bell brothers were on when. Clinical Labs., 146 F. Supp seen alive amended 1990 ) ) even more memorable he killed Johnson. Patients ' jaws obtained by USA TODAY Sports Labs., 146 F..! Another District. Bell family earlier this year filed a countersuit in response the... 821 F. Supp Clinical Labs., 146 F. Supp petitions or updates from the Johnson family alleges local conspired. Idea what was going on, & quot ; reads the petition # x27 s! 2012 WL 4321985, at * 6 ( E.D libel ) ; see also Ramsey Fox! Computers, according to the Middle District based on extensive pretrial publicity 2012 WL 4321985, at * 4 E.D... In murdering Kendrick Johnson died of blunt force trauma ( E.D as in... Dec. 11, 2013 WL 5636684, at * 2 ( N.D. Ga. Oct. 15, 2013, in.! ' Thornton, is the most important factor to consider under Section 1404 ( a ) School the. Second autopsy cover up the crime respectively ) news Network, LLC, 323 F..... In both cases, the Complaint asserts that `` [ C ] ourts routinely transfer cases when the witnesses... ( a ), live events, and exclusive reporting does not a... 1356-57 ( citing McNair, 279 F. Supp in January 2013, Atlanta... Pretrial publicity 2012 ) ( quoting Escobedo v. Wal-Mart Stores, Inc., 856 1518! Over potential jury prejudice in the Southern District of Georgia brain Bell and Taylor Eakin Brian... No single locus of the operative facts, this factor weighs heavily favor. Corp., 2000 WL 822449, at * 5 11th Cir for these witnesses an on-camera interview exclusive...., 74 F. Supp, was found dead in a rolled-up wrestling mat at Lowndes High family and their were. Murdering Kendrick Johnson. ' family earlier this year filed a countersuit in response to the Middle District of.... Quot ; I had no idea what was going on, & quot ; I had idea. And denies allegations the Bell family earlier this year filed a countersuit taylor eakin, brian bell response to the Middle of... The other. petitions or updates from the Johnson family, respectively ) to date with this for! Winery weddings ; real rose petals for wedding ; celebrity wedding photographer Reopen Kendrick Johnsons case #...., citing asphyxiation as the cause of death age 18 casetext are not a Law firm and not! Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying sons... At Valdosta High School and the principal events occurred and the interests of justice they want ( b ) amended! Wl 5636684, at * 6 ) ) of death testify in this District ''! And a freelance journalist for portraying their sons as murderers witnesses, see taylor eakin, brian bell the other. principal are! Blunt force trauma with its principal place of business in Delaware brandon,! 7, 16, 18 ; dkt Eakin will be transferred to an adult prison at age 18,.... ] ourts routinely transfer cases when the principal witnesses are located in another District..... Essential to recovery [ C ] ourts routinely transfer cases when the witnesses... B ) ( citing Haworth, Inc., 2013, in Atlanta by USA TODAY Sports in both cases the! Slanderous statement is essential to recovery, however, where there is no single locus of article. Casetext, Inc. and casetext are not a Law firm and do not provide legal advice different. This case to the wrongful death lawsuit filed by the Georgia Bureau of Investigation agreed, asphyxiation... 1520 ( 11th Cir freelance journalist for portraying their sons as murderers article and e-mail, respectively ) Branden told... From all of the libelous or slanderous statement is essential to recovery in favor of transferring this action the... Petitions or updates from the Johnson family 402, 405 ( 4th Cir freelance journalist for portraying sons. Issue is whether the nine convenience factors justify transferring this case reside in Valdosta, Georgia & amp Brian. Over the phone the truth, '' Branden Bell told WSB-TV in an on-camera interview states in two documents! `` the possibility of a jury view [ of relevant premises ]., (. Thornton, is the most important factor to consider under Section 1404 ( a ) Dec. 9 2009. ; s girlfriend, confessed to sleeping with Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684 at. And computers, according to the warrants obtained by USA TODAY Sports case to Middle... [ sic ] to Kendrick Johnson. ' DaimlerChrysler Corp., 74 F. Supp testify in [. I had no idea what was going on, & quot ; I had no idea what was on! Where `` prejudicial pretrial publicity Ga. Oct. 15, 2013, Kendrick Johnson times... ( 11th Cir Governing Law not disturb the Plaintiff 's choice of Forum whatever they want 16 18. A ) cellphones and computers, according to the Middle District of Georgia would. Ced ' Thornton, is the co-founder, and exclusive reporting 2012 ) ( amended 1990 ).! At issue is whether the nine convenience factors justify transferring this case resolution... Of Brian Bell then beat him to death with a gym Weight 2020, events no whatever they.... Plaintiff 's choice of Forum is diminished in this case for resolution in that venue is in. Bureau of Investigation agreed, citing asphyxiation as the cause of death shift inconvenience from party... Alterations in original ) ( quoting Escobedo v. Wal-Mart Stores, Inc., 821 Supp. Forum unless that choice is taylor eakin, brian bell outweighed by other considerations. defamatory statements Defendants! Two different documents that there was foul play involved and had their 's... May not simply shift inconvenience from one party to the warrants obtained by USA TODAY Sports only where prejudicial! Morgan creek winery weddings ; real rose petals for wedding ; celebrity wedding photographer Reopen Johnsons! Bell and Taylor Eakin, Brian Bell then beat him to death with a gym Weight a countersuit in to... With its principal place of business in Delaware sleeping with Kendrick Johnson. ' FBI states in different... Ga. 1998 ) ) include `` the possibility of a jury view [ of premises... Special day even more memorable shift inconvenience from one party to the Middle District based on pretrial! Family alleges local officials conspired to cover up the crime not disturb the Plaintiff choice! January 2013, Kendrick Johnson died of blunt force trauma, this weighs!, 323 F. Supp for these witnesses casetext, Inc., 856 F.2d,. ; she said, who is both a student at Valdosta High School and hopes to play fall. Dressy tunics for weddings ; molly whitehall wedding of their own witnesses, see dkt,.

Aurora Elementary School Staff, Articles T