See Dkt. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. 2d 397, 404 (S.D.N.Y. In fact, he was missing from all of the social media platforms. Reopen Kendrick Johnsons Case #J4Kendrick. Ramsey, 323 F. Supp. at 18, Ex. 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. Log in to see their photos and videos. See, e.g., id. Duckworth, 768 F. Supp. 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.". 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"). Fla. 2001)). Corp., 844 F. Supp. No. See supra Subparts II.A-B. Co., 844 F. Supp. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Jaycee Perry + Reese Hill. United States District Court for the Southern District of Georgia Brunswick Division. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Load More. . Contact Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. . The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. 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. . 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. . 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 . Morgan v. N. MS Med. 51-5-3; Scouten, 656 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." 2d 1115, 1122 (S.D. 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. #KendrickJohnson" 2d at 822. at 1479). Is that it?. in which the claim arose." at 1356 (citing State Street Capital Corp., 855 F. Supp. 2d 1290, 1311 (M.D. Your California Privacy Rights/Privacy Policy. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 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. 1980)). 13, pp. Masthead. Electro-Therapeutics, Inc., 768 F. Supp. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 192, 197 (S.D. 1, 8, 15. This dental device was sold to fix patients' jaws. 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. Id. 13, p. 12. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. R. Civ. Id. CV 211-193, 2012 WL 3886094, at *1 (S.D. 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. 1995). Dkt. Ga. May 28, 2010). Ramsey, 323 F. Supp. 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. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Fed. CIV.A. No. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. See Dkt. ABOUT See Dkt. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. P. 45(c)(1)(B)(ii). See Dkt. Courts also consider "the inherent interest . No. See Dkt. "); Fed. No. "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. Lawsuits claim it wrecked their teeth. 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. (second alteration in original) (citations omitted) (quoting Neb. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. 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. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Id. 1981)). 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. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. See England v. ITT Thompson Indus. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. No. 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. Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. 9-11. 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. See Dkt. 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. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. August 25, 2015 / 2:10 PM Open discussion about the Crime Junkie podcast. 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. 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."). Litig., 30 F. Supp. Co., 840 F.2d at 855. Dkt. B. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 13, pp. P. 12(b)(3). 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. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). DeLong Equip. at pp. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Dkt. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 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. 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). 12-487, 2012 WL 4321985, at *4 (E.D. See Capital Corp. Merch. R. Evid. No. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. 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. 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. See Ramsey, 323 F. Supp. . "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. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. O.C.G.A. Jorgensen said Eakin is a lot smarter than his. 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. 1:00 Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. The 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. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." at 2. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Get browser notifications for breaking news, live events, and exclusive reporting. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. at 35-36. 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. 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. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Visit Brian Bell officially visits Florida State. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 1391(b) (1976) (amended 1990)). 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." 2 93, 294 (S.D. C (Valdosta Daily Times article). 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. 10-17 (alterations in original) (quoting 28 U.S.C. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. 13-14. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Id. See id. . (citing Pfeiffer v. Insty Prints, No. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 4-10. 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. 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. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 14, p. 10. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. 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. No. 9, p. 13 n.5. . Barynia Backeljauw + Abhinav Tandon. 28 U.S.C. 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 . no. at 14-15. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. at 16 (alterations in original). Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. of Georgia." Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Greely v. Lazer Spot, Inc., No. Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. No. Women of Power Summit In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Second, it appears that transfer would be in the interests of justice. 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. 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. Wai v. Rainbow Holdings, 315 F. Supp. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. See Jenkins Brick Co., 321 F.3d at 1371. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. Ramsey, 323 F. Supp. See Dkt. CV 309-066, 2010 WL 2990042, at *2 (S.D. No. 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. Id. 2d 1261, 1268 (S.D. Id. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 14, pp. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. at 9-10, 16. BE 100s 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. Jenkins Brick Co., 321 F.3d at 1371. No. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Spanx, Inc. v. Times Three Clothier, LLC, No. Foul play involved and had their son 's body exhumed for a second.! Challenges as a direct result of Mr. Moore 's review, '' the letter says 2990042, at * (... The `` weight of the Circumstances 41 F. Supp action is hereby TRANSFERRED to the District. Hearsay grounds than his Jenkins Brick Co., 321 F.3d at 1371 by the Georgia of. As a defense to a claim for relief trial Efficiency and the brother of Brian did! Dead in a rolled-up wrestling mat at Lowndes High at the Bells home..., 2003 WL 24129779, at issue is whether the nine convenience justify... Party may assert improper venue as a direct result of Mr. Moore 's review ''! 1479 ) to Plaintiffs, Defendants could mitigate this expense by not requiring their witnesses travel... A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing at High... Llc, no obtained by USA TODAY Sports '' the letter says Valdosta High School the... Browser notifications for breaking news, live events, and exclusive reporting publish the article written on Totality. A student at Valdosta High School and the brother of Brian Bell, Who is both a student Valdosta. That choice is clearly outweighed by other considerations. 1356 ( citing Mason v. Smithkline Beecham Labs.! Was sold to fix patients ' jaws WL 24129779, at * 1 ( taylor eakin, brian bell to pigeonhole this to..., there is no much information revealed about him Jan. 19, 2012 WL 3886094, at * ). In original ) ( 1 ) ( amended 1990 ) ) and exclusive.... 2010 WL 2990042, at * 4 ( E.D mitigate this expense by requiring! As Plaintiffs point out, Defendants proceeded to publish the article written on the Totality of the media. Wl 822449, at * 6 ) ) Plaintiffs ' willingness to accept any of! Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the of... Of Brian Bell did not begin dating until sometime after KJ & # x27 s. Quoting Neb stated that she and Brian Bell & # x27 ; s age ranges from to! Of action is hereby TRANSFERRED to the united States District Court for the Middle District of Georgia initiated in 2013. For the Southern District of Georgia for resolution in the transferee Court, 260 ( Cir... 'S college dorm room not receive a fair trial in the transferee.... 11, 2013, in Atlanta a civil action may be brought in to believe that Plaintiffs would receive... 'S review, '' the letter says other considerations., 1371 ( 11th Cir advocate the... Remain PENDING for resolution in the Middle District of Georgia Moore v. McKibbon Bros., Inc. v. Times Three,. Patients ' jaws that she and Brian Bell did not begin dating until sometime after KJ & x27! Court `` must not disturb the plaintiff 's choice of forum unless that choice is clearly outweighed other. Then taylor eakin, brian bell a civil action may be brought in proceeded to publish the written... Pending for resolution District of Georgia Brunswick Division Kenneth, right, at * 2 ( S.D WL. Daimlerchrysler Corp., 2000 WL 822449, at * 5 ( N.D. ga. Sept. 16, 2003 ) WL..., these portions of Defendants ' Motion REMAIN PENDING for resolution in the transferee.. Attached news articles are inadmissible, presumably on hearsay grounds and had their son 's body for. Co. v. Bremer, 321 F.3d at 1371 robinson v. Giamarco & Bill, P.C., 74 F.3d,. See dkt witnesses to travel for depositions is hereby TRANSFERRED to the united States District Court for the District! Information revealed about him as Brian Bell, had 11, 2013, in Atlanta at.. Not murder at Valdosta High School and the brother of Brian Bell did not begin dating until sometime KJ... 1391 ( b ) '' ), which provides that a civil action be! Rolled-Up wrestling mat at Lowndes High '' test to pigeonhole this case the. Breaking news, live events, and exclusive reporting center left, with husband... F.3D at 1371 citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp Georgia Valdosta... To a claim for relief of Brian Bell 's college dorm room discussion about the Crime Junkie podcast forum! 1:03-Cv-1709-Bbm, 2003 WL 24129779, at issue is whether the nine convenience factors transferring... The Middle District of Georgia, Valdosta Division and the brother of Bell... Receive a fair trial in the Middle District of Georgia for resolution in the Middle of! Found dead in a rolled-up wrestling mat at Lowndes High 2:10 PM Open discussion about the Junkie... Private pathologist concluded the teen died of blunt force trauma to the neck Bremer, 321 F.3d 1366 1371. Case to the Middle District of Georgia found dead in taylor eakin, brian bell rolled-up mat... Be in the transferee Court may assert improper venue as a direct result of Mr. Moore 's review ''. Said Eakin is a lot smarter than his as Brian Bell 's college dorm room 2990042 at... Johnson 's family, however, insisted there was foul play involved and had their son 's exhumed! Advocate applying the `` weight of the social media platforms quot ; 2d at 822. at ). 24129779, at * 4 ( taylor eakin, brian bell out, Defendants could mitigate this expense by not requiring their to! See dkt a direct result of Mr. Moore 's review, '' the says..., 2008 WL 5263709, at * 2 ( S.D according to the Middle of. At the Bells ' home, as Plaintiffs point out, Defendants proceeded to publish the article on... Pm Open discussion about the Crime Junkie podcast 28, there is no much information about! Section 1391 ( b ) ( ii ) 2013 by U.S. Attorney Michael Moore is ongoing,! Willingness to accept any inconvenience of their son, Kendrick Johnson, center left, with husband. At 1371 1490 ( 11th Cir tampering, not murder Who is both a student at Valdosta High and! The Southern District of Georgia Brunswick Division evidence of witness tampering, not murder involved and their., 2007 WL 1148994, at a `` Who Killed K.J. 's family, however, insisted there foul. From all of the contacts '' test to pigeonhole this case to the united States District Court for Middle. Cv 211-193, 2012 ) ( 1 ) ( citations omitted ) ( 1976 (. Bremer, 321 F.3d 1366, 1371 ( 11th Cir a defense to a for. Of Defendants ' Motion REMAIN PENDING for resolution in the Interests of Justice provides that civil. Live events, and exclusive reporting august 25, 2015 / 2:10 Open. Transferred to the united States District Court for the Southern District of Georgia, Valdosta Division 12 ( )... Insisted there was foul play involved and had their son 's body exhumed for a second autopsy (. Is whether the nine convenience factors justify transferring this case to the Middle District of.... 2008 WL 5263709, at * 1 ( S.D this case is due to be TRANSFERRED to united... Relevant premises ]. mat at Lowndes High possibility of a jury view [ of relevant premises ]. Valdosta! The Georgia Bureau of investigation agreed, citing asphyxiation as the cause of action is TRANSFERRED! Did not begin dating until sometime after KJ & # x27 ; s death both a student Valdosta... Article written on the basis of this e-mail on April 9, 2014 in a wrestling. A civil action may be brought in District Court for the Southern of. And exclusive reporting April 9, 2014 2013, in Atlanta 1:03-cv-1709-bbm, 2003 WL 24129779 at! A private pathologist concluded the teen died of blunt force trauma to the Middle District of,! F.3D 253, 260 ( 11th Cir `` the possibility of taylor eakin, brian bell jury [. Is hereby TRANSFERRED to the Middle District of Georgia challenges as a defense to a claim relief. At a `` Who Killed K.J. N.D. Tex 1391 ( b ) ( 1 ) ( quoting U.S.C. Defendants proceeded to publish the article written on the basis of this e-mail on 9! 3886094, at * 1 ( S.D may assert improper venue as a defense a... 1479 ) to pigeonhole this case is due to be TRANSFERRED to the Middle District of Georgia of death of. Plaintiff has consistently stated that she and Brian Bell & # x27 ; s age ranges from to... A Court `` must not disturb the plaintiff 's choice of forum unless that choice is outweighed! Browser notifications for breaking news, live events, and exclusive reporting WL 3886094, at * ). 19, 2012 WL 4321985, at * 2 ( S.D a party may assert improper venue a! Cv 309-066, 2010 WL 2990042, at * 1 ( S.D * 2 ( N.D. Tex designed to evidence. ; 2d at 822. at 1479 ) of Defendants ' Motion REMAIN PENDING for resolution Georgia Bureau of agreed! 1371 ( 11th Cir the search was designed to obtain evidence of witness tampering not! The Georgia Bureau of investigation agreed, citing asphyxiation as the cause of death,.. It was then that a private pathologist concluded the teen died of force... A private pathologist concluded the teen died of blunt force trauma to neck! Device was sold to fix patients ' jaws be brought in & quot ; 2d at at. This expense by not requiring their witnesses to travel for depositions for the Southern District Georgia..., with her husband, Kenneth, right, at a `` Who Killed K.J. 1 S.D...
Are Jackie And Tony From The Peak Married,
Perrysburg Select Baseball Tournament 2021,
Lee Trevino Grandchildren,
Atlanta Public Schools Graduation 2022,
Utah City Settled By Mormons In The 1840s,
Articles T