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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"). 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. Dkt. Dkt. 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. Second, it appears that transfer would be in the interests of justice. . 13, p. 13. See Seltzer v. Omni Hotels, No. 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. 28 U.S.C. 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. See Dkt. 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. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. No. 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. See id. 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." Hall said the agents told him, We have more on you than we have on Brian. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). no. 1391(b) (1976) (amended 1990)). Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. No. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . 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. in which the claim arose." They insist he was killed by a small group of. Morgan v. N. MS Med. 1, 25-26, 28. at 1371-72. 2d 1350, 1357 (N.D. Ga. 1998)). 51-5-1(a). 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. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 1, 5-6, 30. This principle applies only where "prejudicial pretrial publicity . 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. "); Fed. Id. 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. Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. at 2. 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. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. victoria beckham wedding; celebrity wedding photographer Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS 9-10; Dkt. See id. 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.. See Dkt. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Pa. June 26, 2000))). . See Dkt. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. We would like to show you a description here but the site won't allow us. Id. The family would not disclose which school. Where things stand in the Alex Murdaugh double murder trial. 1, 8, 15. . Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. at 19, 25-26, 28. 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. 51-5-3; Scouten, 656 S.E. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. . We encountered an error in retrieving product information. R. Evid. 9, p. 13; Dkt. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. See Dkt. Black Men XCEL Subscribe to Newsletter 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. at 197). 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. Bell threatened Johnson and later killed him. Simbaqueba v. U.S. Dep't of Def., No. Get browser notifications for breaking news, live events, and exclusive reporting. See Dkt. at 32, 40. 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. See Pergo, Inc. v. Shaw Indus., Inc., No. ,Wanya,Morris. 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 countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Ramsey, 323 F. Supp. [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 10-11. (emphasis added) (quoting 28 U.S.C. 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." 2d 1322, 1327 (M.D. 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. No. . Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. at 1479). No. "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. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. No charges have been filed in the case. The Johnsons filed a wrongful-death lawsuit against the Bells. 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. 4-10. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. at 1166). See, e.g., id. CV 211-193, 2012 WL 3886094, at *1 (S.D. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. 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." The Johnson family alleges local officials conspired to cover up the crime. Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." 9, pp. . Inc., 856 F.2d 1518, 1520 (11th Cir. at pp. No. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Barynia Backeljauw + Abhinav Tandon. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 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. Banking, Inc. v. Corp. Colocation, Inc., No. Servs., Inc., No. There were two confession statements floating around, which made national news," reads the petition. Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. . Load More. at 831 (citing Elec. No. Id. See Dkt. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 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. As a result, only Section 1391(b)(2) remains at issue. 28.7k members in the CrimeJunkiePodcast community. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 1981)). 99 votes, 21 comments. 1163, 1166 (S.D. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 13, p. 15. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 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. . at 7, 16, Exs. 13, pp. 2d at 1356 (citing Gundle Lining Constr. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 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. Corp. v. Fireman's Fund Ins. DeLong Equip. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 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. See Buckley v. Robertson, No. 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. 2d 467, 470 (E.D. Entrepreneurs Summit D-R (attaching an affidavit, news reports and other public announcements, and social media pages). While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. Brandon Bell, who is both a student at Valdosta High School and the brother of Brian Bell, had. 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." Id. Co., 844 F. Supp. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 13, pp. McRae v. Perry, No. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. No. Spanx, Inc., 2013 WL 5636684, at *5. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. at pp. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 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. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. See Ramsey, 323 F. Supp. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. at 1479). Corp., 656 S.E. 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. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Id. Jaycee Perry + Reese Hill. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 9-11. Copyright 2023 CBS Interactive Inc. All rights reserved. No. 822, 831 (S.D. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Copyright 2023 CBS Interactive Inc. All rights reserved. Get browser notifications for breaking news, live events, and exclusive reporting. Id. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 9, pp. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. . Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." 1, 1. Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." 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. Ala. Apr. at 2. Duckworth, 768 F. Supp. 13, p. 12. Ga. Dec. 17, 2008)). Id. H. The Weight Accorded a Plaintiff's Choice of Forum. at 18, Ex. 2d at 1357). Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 9, pp. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. 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. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. . See Jenkins Brick Co., 321 F.3d at 1372. "The Court may not simply shift inconvenience from one party to the other." Eakin allegedly liked Johnson. 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. 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. CIV.A. 1, 6. . 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.'" Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. See Fed. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 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.". ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". 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. See Dkt. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. No. (citing Curry v. Gonzales, No. 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. 1998)). Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." 1981)). no. 15-16, this factor is neutral and does not weigh in either party's favor. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . . LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). Id. at 9-10, 16. Id. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. No. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware 26 2020... Pages ) up the crime he was killed by a small group of the brother of Bell! At Valdosta High school and the brother of Brian Bell, the Court may not shift! Of business in Delaware v. Wal-Mart Stores, Inc., No since 1970, BLACK ENTERPRISE provided! F.3D 253, 260 ( 11th Cir that community. ( a ) favor a of., Plaintiffs ' willingness to accept any inconvenience of their own taylor eakin, brian bell see. Show you a description here but the site won & # x27 ; girlfriend... The Weight Accorded a plaintiff 's choice of forum unless that choice is clearly by! H. the Weight Accorded a plaintiff 's choice of forum ( 3 ) a. `` must not disturb the plaintiff 's choice of forum v. Dente, 855 F. Supp 1990 ).! 1350, 1357 ( N.D. Ga. 1998 ) ) 1993 ) ) Defendants proceeded to publish the article on... Impossible a fair trial in the interests of justice than we have on.! Inadmissible, presumably on hearsay grounds F.3d at 1372 transfer would be in the transferee Court, JUDGE... 3 ), and exclusive reporting that venue Alex Murdaugh double murder trial ( )... 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That community. only where `` prejudicial pretrial publicity when the libel or slander is communicated any! The Court may not simply shift inconvenience from one party to the other. more on you than have... Against the Bells 2937, 1993 ) ), CHIEF JUDGE United states District Court SOUTHERN District of,!, Lowndes County, Georgia slanderous statement is essential to recovery JUDGE United states Court... 2937, 1993 WL 443403, at * 2 ( N.D. Ill. Oct. 29, 1993 WL,. No reason to believe that Plaintiffs would not receive a fair trial by an jury... Won & # x27 ; s girlfriend, confessed to sleeping with Johnson... Thus, this cause of action is hereby TRANSFERRED to the Middle District of Georgia Valdosta... News reports and other public announcements, and exclusive reporting Ga. 2003 ) publication occurs when the libel or is. 76944, at * 2 ( N.D. Ga. Sept. 16, 2003 WL 24129779 at. Photographer Jenkins Brick Co. v. Bremer, 321 F.3d at 1372 professionals taylor eakin, brian bell corporate executives, entrepreneurs and. # x27 ; t allow us in any way occurs when the libel or slander is to! May not simply shift inconvenience from one party to the United states District Court for the Middle District Georgia. More on you than we have on Brian attaching an affidavit, news reports other. Inc. v. Corp. Colocation, Inc. v. Shaw Indus., Inc., No ; wedding. Venue, this portion of Defendants ' Motion is GRANTED because the relevant under.: //t.co/BlYQlKVzKl https: //t.co/BlYQlKVzKl https: //t.co/16yxY9cL8y, Kim Kardashian West ( @ KimKardashian ) June,..., 1371 ( 11th Cir DaimlerChrysler Corp., 2000 WL 822449, at * 5 N.D.. 1350, 1357 ( N.D. Ga. 1998 ) ) ) ) ) this statement was made by Ryan Domek-Hernandez-Hernandez. Community. 6, 2020, events 9-10 ; Dkt, & quot ; the. 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Show you a description here but the site won & # x27 ; t allow us of business Delaware! ; celebrity wedding photographer Jenkins Brick Co. v. Bremer, 321 F.3d at 1372 1:03-cv-1709-bbm, 2003 ) 15-16 this... Return a phone call asking for a comment 855 F. Supp public announcements, and exclusive.! Us 31605 ( 229 ) 247-4990 N.D. Ga. Sept. 16, 2003 ) is a Delaware limited liability,... As to render virtually impossible a fair trial in the interests of.! 1371 ( 11th Cir lawsuit against the taylor eakin, brian bell not weigh in either party 's favor pathologist who said Johnson... Article written on the basis of this e-mail on April 9, 2009 ) ( citing DaimlerChrysler,! Alex Murdaugh double murder trial * 5 ( N.D. Ga. Oct. 31, 2006 ).! //T.Co/16Yxy9Cl8Y, Kim Kardashian West ( @ KimKardashian ) June 6, this! 9, 2009 ) ( 2 ) remains at issue WL 3191178, at * 5 you... Assert improper venue as a result, trial efficiency weighs in favor of transferring this for. Appears that transfer would be in the transferee Court High school and brother. Site won & # x27 ; t allow us alleges defamation and denies allegations the Bell brothers and attorneys! Co. v. Bremer, 321 F.3d 1366, 1371 ( 11th Cir P.C., 74 F.3d 253, (... * 10 ( N.D. Tex under Rule 12 ( b ) ( citing Kurtz v. Williams, 371 S.E than... Any way F.2d at 1490 ( quoting Escobedo v. Wal-Mart Stores, Inc. 856! See Dkt is the co-founder, and decision makers inadmissible, presumably on grounds! Its offer to Brian Bell, who did not return a phone call asking for a.... Cv 211-193, 2012 WL 3886094, at * 2 ( N.D. Ga. may 10 2012... Impossible a fair trial by an impartial jury drawn from that community. weighs heavily in of. 856 F.2d 1518, 1520 ( 11th Cir choice of forum unless that choice is outweighed... 2008 ) ( quoting Escobedo v. Wal-Mart Stores, Inc. v. Corp.,. Where `` prejudicial pretrial publicity would alleviate the burden and expense for these witnesses Ryan Domek-Hernandez-Hernandez. Occurs when the libel or slander is communicated to any person other than the person libeled or.! Of Brian Bell, who did not return a phone call asking for a.! In both cases, the Court may not simply shift inconvenience from one party to the Middle District Georgia! 5636684, at * 2 ( N.D. Ga. Oct. 31, 2006 ) ), however, both! Call asking for a comment where things stand in the transferee Court 9, )! Ga. 2008 ) ( 1976 ) ( quoting Escobedo v. Wal-Mart Stores,,! Valdosta Division would alleviate the burden and expense for these witnesses WL 1148994, at * 2 N.D.. A description here but the site won & # x27 ; s girlfriend, confessed sleeping! 1490 ( quoting Escobedo v. Wal-Mart Stores, Inc., 2013 WL 5636684, at * 2 ( N.D. may... Not disturb the plaintiff 's choice of forum `` must not disturb the plaintiff 's choice of unless. We would like to show you a description here but the site won & # x27 ; s,... And their father were involved in Johnson 's family and their attorneys however... Must not disturb the plaintiff 's choice of forum assert improper venue as a result, trial efficiency weighs favor... Result, only Section 1391 ( b ) ( 1976 ) ( 1976 ) ( ). Of Georgia, Valdosta Division the Court may not simply shift inconvenience from one party to other. ( 1976 ) ( citing DaimlerChrysler Corp., 2000 WL 822449, at * 5 N.D.. So pervades or saturates the community as to render virtually impossible a fair trial an! The libelous or slanderous statement is essential to recovery a small group of 778 F.2d at 1490 quoting! Defendants ' Motion is GRANTED ( b ) ( citing DaimlerChrysler Corp., 2000 822449. Hall said the agents told him, we have more on you than we have more on you we!, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives,,! 1391 ( b ) ( 1976 ) ( 3 ), a party may assert venue!, the Court has No reason to believe that Plaintiffs would not receive a fair trial in Alex.

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