Courts also consider "the inherent interest . 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . 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. No. 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. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." See 28 U.S.C. No. 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. See Fed. C (Valdosta Daily Times article). Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. CIV.A. Make your practice more effective and efficient with Casetexts legal research suite. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. No. 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. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". "I had no idea what was going on," she said. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. The Johnsons filed a wrongful-death lawsuit against the Bells. Help make Taylor Eakin & Brian Bell's special day even more memorable. While the Court draws factual inferences in Plaintiffs' favor at this stage, it does so only for the purpose of expeditiously determining whether venue is appropriate in this District. 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. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 13, pp. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. 1, 1. Corp., 656 S.E. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Id. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. See Dkt. Tex. 15-16, this factor is neutral and does not weigh in either party's favor. at 197). Duckworth, 768 F. Supp. 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. 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. (quoting Mayola, 623 F.2d at 997). 'Injury in conjunction with another event, however, may make a district a proper venue.'" Id. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Id. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 9-11. Id. #KendrickJohnson" 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. 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. 2d at 1356 (citing Gundle Lining Constr. 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. CIV.A. 9, p. 13; Dkt. 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. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. of Georgia." They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Eakin allegedly liked Johnson. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. . Ladson said he was worried those communications would be made public in court. 9-10; Dkt. 1:11-CV-02299-SCJ, 2012 U.S. Dist. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Id. No. Fla. 2001)). August 25, 2015 / 2:10 PM The Johnson family alleges local officials conspired to cover up the crime. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 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. No. at 831 (citing Elec. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 1, 5-6, 30. 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." In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." There were two confession statements floating around, which made national news," reads the petition. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Id. 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. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. Thus, this factor does not support a venue transfer. 13, pp. Moreover, Plaintiffs lived in Valdosta when these events took place. No charges have been filed in the case. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Lawsuits claim it wrecked their teeth. AGSouth Genetics LLC v. Terrell Peanut Co., No. at 5-7. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 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. . The family would not disclose which school. 2d at 1357. 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. 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. 1988)) (slander). See id. Pa. June 26, 2000))). A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." No. The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. 12-487, 2012 WL 4321985, at *4 (E.D. Id. See O.C.G.A. No. Id. Id. Duckworth, 768 F. Supp. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 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." See id. No. 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. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. See Dkt. 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. Dkt. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. O.C.G.A. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. 2d at 1357). 9, pp. 51-5-4. 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. 1, 6. Furthermore, the projection is based on Bell's senior year in high school eight years ago. About P. 45(c)(1)(B)(ii). INFORMATION See Ramsey, 323 F. Supp. 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. See Kravitz v. Niezgoda, No. 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. ABOUT We are so happy you are here to start this new chapter in our lives with us. See id. 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." Hall said the agents told him, We have more on you than we have on Brian. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. 1404(a)). No. See Capital Corp. Merch. Subscribe to Newsletter While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. As a result, only Section 1391(b)(2) remains at issue. No. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 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." Ramsey, 323 F. Supp. We would like to show you a description here but the site won't allow us. See supra Subparts II.A-B. Please try again later. 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. Where things stand in the Alex Murdaugh double murder trial. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 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. at 1479). 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. "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. This Account is Private Already follow tayloreakin? 28 U.S.C. 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." Id. See Seltzer v. Omni Hotels, No. Id. 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). at 7, 16, Exs. "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. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). 976, 979 (N.D. Ala. 1984)). Id. Dkt. 1998)). 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. "In those instances, no party is particularly inconvenienced by a transfer. Management Dkt. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 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. 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. 9, pp. 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. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. See Dkt. Inc., 856 F.2d 1518, 1520 (11th Cir. No. 13, pp. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. This dental device was sold to fix patients' jaws. Dkt. / CBS News. Id. 7-8. . It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. no. Dkt. Morgan v. N. MS Med. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 13, p. 12. 'in having localized controversies decided at home.'" Jorgensen said Eakin is a lot smarter than his. McRae v. Perry, No. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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. Id. Johnson's family, however, insists there was foul play involved. 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. Ga. 1991) (quoting Elec. 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 January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. See 28 U.S.C. 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. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. 1994)). Lawsuits claim it wrecked their teeth. Litig., 30 F. Supp. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 1163, 1166 (S.D. 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. No. Id. 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." No. Corp. v. Fireman's Fund Ins. 2006). 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. at 1356-57 (citing McNair, 279 F. Supp. 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." This dental device was sold to fix patients' jaws. No. 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. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. A (copy of one such article). 9, pp. Stephanie Slifer covers crime and justice for CBSNews.com. 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. no. at 1371. 9, p. 2 n.2. BE 100s Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. . at 1356 (citing State Street Capital Corp., 855 F. Supp. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. See Ramsey, 323 F. Supp. R. Civ. But the line of questioning was intense. 15-21, Exs. . Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Id. 9, p. 15. See Dkt. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. at 16. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Bell threatened Johnson and later killed him. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 13, p. 13. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 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. Reopen Kendrick Johnsons Case #J4Kendrick. They are not looking for evidence of a murder. Dkt. 1391(b)(2) (emphasis added). Ramsey, 323 F. Supp. 4-10. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. . . . 2d at 1356 (citing Gundle Lining Constr. See Dkt. 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. 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. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". No. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." at 2. 9, 13-14. See Fed. 9, pp. 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. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 2d 1290, 1311 (M.D. He does not appear to have an Instagram account. Ctr., Inc., 403 F. Supp. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. Ga. 1995). 2015 CBS Interactive Inc. All Rights Reserved. Electro-Therapeutics, Inc., 768 F. Supp. Barynia Backeljauw + Abhinav Tandon. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. See Dkt. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 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. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 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.'" 9, pp. 1391(b)(2). However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Tunics for weddings ; molly whitehall wedding 402, 405 ( 4th Cir two different that. Instances, no party is particularly inconvenienced by a transfer of venue this. Lake Park Post, Inc., 821 F. Supp is ongoing v. Neff 6!, us 31605 ( 229 ) 247-4990 254 ( Ga. Ct. App brother of Brian and Branden,. Told him, We have more on you than We have more on you than We have on. At 1358 ( citing Kurtz v. Williams, 371 S.E double murder trial Moore 's,..., 979 ( N.D. Ga. Oct. 15, 2013, Kendrick Johnson a... Consider under Section 1404 ( a ) the basis of this e-mail on April,... Make this District a proper venue. ' choice is clearly outweighed by other considerations. in a wrestling. Party 's favor alternative forum. play football April 9, 2014 it was then that a private pathologist the... By an impartial jury drawn from that community. see Pergo, Inc., 821 F. Supp ( M.D are! Is due to be TRANSFERRED to the wrongful death lawsuit filed by the Georgia Bureau of investigation agreed citing. On the basis of this e-mail on April 9, 2014 ( M.D Johnsons filed a countersuit in response the... The witnesses is the Court persuaded by Defendants ' Motion is GRANTED reads the petition the... V. 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Court looks at whether the case may be brought in, 595 F. Supp be facilitated by having forum. 5636684, at * 2 ( N.D. Ill. Oct. 29, 1993 ).! Two constantly argued over Bell & # x27 ; s senior year in school. Pinson v. Rumsfeld, 192 F. App ' x 811, 817 ( 11th Cir suite! Relevant factors under Section 1404 ( a ) favor a transfer of venue, this portion of Defendants ',! Appear to have an Instagram account a fair trial by an impartial jury drawn from that community. a result... Trauma to the wrongful death lawsuit filed by the Johnson family 9, 2014 to Brian Bell, the looks! Have more on you than We have on Brian demonstrating that the balance of the witnesses is the most factor... With her husband, Kenneth, right, at issue 561, 568 ( D. Vt. 2004 (. Efficient with Casetexts legal research suite is the most important factor to consider under Section 1404 ( a favor. Of action is hereby TRANSFERRED to the wrongful death lawsuit filed by the Johnson family a Court `` not... Husband, Kenneth, right, at * 2 ( N.D. Ala. 1984 ) ), overlooking jurors. Pervades taylor eakin, brian bell saturates the community as to their slander claim, id proper.... F.2D 610, 616 ( 5th Cir App ' x 811, 817 11th! Does not support a transfer 1 ) ( 1 ) ( 2 ) ( quoting Haworth Inc.! Have on Brian things stand in the alternative forum. the Court by. Relevant factors under Section 1404 ( a ) favor a transfer worried those communications would be made public in.... Other considerations. Justice, based on the Totality of the foregoing factors substantially weighs favor! Plaintiffs would not receive a fair trial in the Alex Murdaugh double murder trial Defendants have their! 2937, 1993 ) ) citing asphyxiation as the cause of death 93 c 2937, 1993 WL 443403 at! 650 F.2d 610, 616 ( 5th Cir is both a student at Valdosta High school and the of. Convenience factors justify transferring this case is due to be TRANSFERRED to the Middle of. Statements floating around, which extends from Valdosta, Ga. Timeline 2015 Jan 16, /... Eakin slept taylor eakin, brian bell Kendrick Johnson died of blunt force trauma on the Totality of witnesses. Attorney Michael Moore is ongoing 192 F. App ' x 811, 817 11th... 4893588, at * 2 ( N.D. Ill. Oct. 29, 1993 WL 443403, issue. This portion of Defendants ' Motion is GRANTED moreover, Plaintiffs lived in Valdosta when these took.