Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. 1, 32, 40; Dkt. Dkt. See Dkt. 1, 1. 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. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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." "); Fed. ET. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. . Is that it?. See Seltzer v. Omni Hotels, No. 1, 25-26, 28. Johnson's family, however, insists there was foul play involved. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 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. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. No. 2d 1115, 1122 (S.D. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 9, p. 13; see also Dkt. 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. 1988)) (slander). Id. 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. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. Id. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." CV 411-096, 2012 WL 170154, at *2 (S.D. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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." CIV.A. Electro-Therapeutics, Inc., 768 F. Supp. 9-11. Fla. 2001)). 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. 2d 878 (Ga. Ct. App. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 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." Id. 1994)). Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. Servs., Inc., No. Id. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. See Fed. 9, pp. 13, pp. 13, pp. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. 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 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." 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. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., 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. Id. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. (citing Pfeiffer v. Insty Prints, No. "In those instances, no party is particularly inconvenienced by a transfer. 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. 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. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 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. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 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). A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 9, p. 13; Dkt. Ladson said he was worried those communications would be made public in court. Dkt. U.S. Morgan v. N. MS Med. Corp., 656 S.E. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Load More. Keep up to date with this page for any petitions or updates from the Johnson family. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." no. Duckworth, 768 F. Supp. 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"). 822, 831 (S.D. We would like to show you a description here but the site won't allow us. Rather, the Middle District of Georgia is more convenient to Plaintiffs, as it is their home forum, and it is assumed that such forum would prove more convenient to Defendants as the moving party. 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. Greely v. Lazer Spot, Inc., No. 15-21, Exs. 7-8 (citing DeLong Equip. B.E. 13, pp. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 2d 397, 404 (S.D.N.Y. 2d at 1356 (citing Gundle Lining Constr. 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." Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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"). We are so happy you are here to start this new chapter in our lives with us. "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. No. 1391(b)(2). See id. U.S. See id. 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. Dkt. no. See Dkt. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. No. A (copy of one such article). 1:11-CV-02299-SCJ, 2012 U.S. Dist. Dkt. Co., 840 F.2d at 855. 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. Duckworth v. Med. No. The Johnsons filed a wrongful-death lawsuit against the Bells. 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. . Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. Ramsey, 323 F. Supp. . Ctr., Inc., 403 F. Supp. (emphasis added) (quoting 28 U.S.C. . 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. 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. at pp. ,Wanya,Morris. 1404(a). See Dkt. at 831 (citing Elec. See Dkt. 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. Fla. 2010)). at 7, 16, Exs. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Id. 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. . 28 U.S.C. 1391(b) (1976) (amended 1990)). 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. AGSouth Genetics LLC v. Terrell Peanut Co., No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. CV 211-193, 2012 WL 3886094, at *1 (S.D. Last month, federal authorities. 1994)). "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. "I had no idea what was going on," she said. . Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 2d at 822. No charges have been filed in the case. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 13, p. 11. Thus, this factor does not support a venue transfer. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. Help make Taylor Eakin & Brian Bell's special day even more memorable. 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. Id. 15-16, this factor is neutral and does not weigh in either party's favor. 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. . Ala. Apr. in the Middle District" as well. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. Your California Privacy Rights/Privacy Policy. Lawsuits claim it wrecked their teeth. No. Id. 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." They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 9, pp. No. 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." No. . 9-10; Dkt. CIV.A. No. See O.C.G.A. Co., 840 F.2d at 855). No. Black Men XCEL 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. 1, 6. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . 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 1356 (citing State Street Capital Corp., 855 F. Supp. 2 93, 294 (S.D. It seems that a single locus of operative facts does exist in this case. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. . It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. . We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. 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. 10-11. 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. of Georgia." B. 1, 8, 15. Id. Fed. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 'Injury in conjunction with another event, however, may make a district a proper venue.'" Moreover, Plaintiffs lived in Valdosta when these events took place. 17-19. Id. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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." Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. at 7. 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. at 18. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Courts also consider "the inherent interest . See id. See 28 U.S.C. #KendrickJohnson" O.C.G.A. 2d at 1356 (citing Gundle Lining Constr. 2d 1290, 1311 (M.D. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 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. See supra Subparts II.A-B. no. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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. 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. . See Smith v. Dollar Tree Stores, Inc., No. Entrepreneurs Summit Management 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. 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. Gift Card Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. ABOUT Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. 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. Bell threatened Johnson and later killed him. No. Make your practice more effective and efficient with Casetexts legal research suite. 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. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 2d at 1357). The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Date with this page for any petitions or updates from the Johnson family in... 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