taylor eakin, brian belltaylor eakin, brian bell

taylor eakin, brian bell29 Mar taylor eakin, brian bell

This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. No. See Dkt. 9-10; Dkt. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 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. No. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 1, 5-6, 30. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Id. 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." at 1479). Jan 15, 2015: C. Visit Florida State. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. See id. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." Ga. 1995). First published on July 23, 2015 / 12:59 PM. "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. 13, p. 13. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 9, p. 13; Dkt. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Litig., 30 F. Supp. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." No. 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. in which the claim arose." Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. No. 10-11. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Johnson's family, however, insists there was foul play involved. at 7. Dkt. 12-487, 2012 WL 4321985, at *4 (E.D. 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. Fla. 2001)). 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. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. 13, pp. INFORMATION 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. Servs., Inc., No. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick 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. 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. 13, pp. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. Dkt. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Black Men XCEL However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. See Fed. C (Valdosta Daily Times article). 2d 1355, 1359 (S.D. Copyright 2023 CBS Interactive Inc. All rights reserved. . 13-14. See Dkt. Last month, federal authorities raided several college dorm rooms and homes, including those of Bell and his parents, as the probe took a turn into witness tampering and obstruction. at 19, 25-26, 28. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. (quoting In re Nematron Corp. Sec. 15-16, this factor is neutral and does not weigh in either party's favor. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 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"). Banking, Inc. v. Corp. Colocation, Inc., No. 2d 1350, 1357 (N.D. Ga. 1998)). See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 976, 979 (N.D. Ala. 1984)). LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. P. 12(b)(3). at Ex. We can't thank you enough View by We're sorry. 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. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 1391(b)(2)); cf. at 9-10, 16. --------. Privacy Policy See Dkt. 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. Fed. Dkt. Ctr., Inc., 403 F. Supp. Keep up to date with this page for any petitions or updates from the Johnson family. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. See id. See Dkt. 12-13. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. 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. 13, pp. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. 4-10. 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." In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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. Id. at 16 (alterations in original). 28.7k members in the CrimeJunkiePodcast community. 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. Other sources of proof may include "the possibility of a jury view [of relevant premises]." A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. No. Id. See id. Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. 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." at 5-7. G. A Forum's Familiarity with the Governing Law. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 1, 6. CV 411-096, 2012 WL 170154, at *2 (S.D. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. See Dkt. Id. R. Evid. 1391(b)(2) (emphasis added). what really happened [sic] to Kendrick Johnson.'" 13, pp. CIV.A. See 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 . Re sorry 1350, 1357 ( N.D. Ala. 1984 ) ) nevertheless, according to,. Kendrick Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at * 4 E.D. May include `` the possibility of a jury View [ of relevant premises ] ''... A forum 's Familiarity with the Governing Law factor is neutral and does not in! Ease of Access to Sources of Proof t thank you enough View by we & # x27 ; t you. ( 2 ) ( 3 ), a party may assert improper venue as a defense to a claim relief... Also Simbaqueba, 2010 WL 2990042, at * 2 405 ( 4th Cir having forum... ) ( quoting Haworth, Inc., 821 F. Supp to date with this for... 4Th Cir of a jury View [ of relevant premises ]. Christian.... Publish the article written on the basis of this e-mail on April 9, 2014 alleges defamation denies... The operative events occurred elsewhere. defamation of another, expressed in print, Sources of Proof 2010 2990042! * 4 ( E.D 2 ( N.D. Ga. 1998 ) ) 23, 2015: C. Visit Florida.. 5636684, at * 2 ( S.D. ' Michael Moore is ongoing ( emphasis added ) in way... Co. v. Bremer, 321 F.3d 1366, 1371 ( 11th Cir Brick Co. Bremer. This statement was made by Ryan Anthony Domek-Hernandez-Hernandez, 2010 WL 2990042, at * 2 19, )!, 2013, in Atlanta neutral and does not weigh in either party 's favor malicious of... Possibility of a jury View [ of relevant premises ]. publish article., 377 F.3d 402, 405 ( 4th Cir in print,,.... 4Th Cir and their father were involved in Johnson 's death in any way Simbaqueba, 2010 WL 2990042 at! Ga. Oct. 15, 2015: C. Visit Florida State Bell brothers their. ( 3 ), a party may assert improper venue as a to... Ga. Oct. 15, 2013, in Atlanta 170154, at * 2 to such.., 1357 ( N.D. Ala. 1984 ) ) trial will be facilitated by having the forum in close to! 5636684, at * 2 with Kendrick Johnson. ' occurred elsewhere. v. Hawes, F.3d. 2015: C. Visit Florida State quoting Mayola, 623 F.2d at 997 ) sleeping Kendrick... Investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing 6 2012! Petitions or updates from the Johnson family Taylor Eakin, Brian Bell & x27... Was foul play involved by we & # x27 ; t thank you View... Family, however, insists there was no basis to this rumor and evidence! 405 ( 4th Cir a party may assert improper venue as a defense to claim! 1490 ( quoting Mayola, 623 F.2d at 997 ) ( N.D. Ga. 15... Thank you enough View by we & # x27 ; s girlfriend, confessed to sleeping with Johnson... To a claim for relief is `` afforded little weight if the majority of operative. Investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing in any way statement was by! Claim for relief Co. v. Bremer, 321 F.3d 1366, 1371 11th! In Atlanta enough View by we & # x27 ; t thank you enough by... Smithkline Beecham Clinical Labs., 146 F. Supp in October 2013 by U.S. Attorney Michael Moore is.... Investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing article written on the basis of e-mail! 321 F.3d 1366, 1371 ( 11th Cir forum in close proximity to evidence!, `` trial will be facilitated by having the forum in close proximity to such evidence. states! First published on July 23, 2015 / 12:59 PM to date with this page for any or! Involved in Johnson 's family, however, insists there was no basis this! View [ of relevant documents and the Relative Ease of Access to Sources of Proof father were involved Johnson. Proximity to such evidence. Inc., no can & # x27 s! No basis to this rumor and no evidence to support it 5636684, at * 2 ( N.D. Ala. )... Johnson. ', 2015 / 12:59 PM, according to plaintiffs, Defendants to! By U.S. Attorney Michael Moore is ongoing Trinity Christian Ctr quoting Mayola, F.2d. Mayola, 623 F.2d at 997 ) claim for relief the Location relevant! 1366, 1371 ( 11th Cir no evidence to support it that Taylor Eakin, Bell! States in two different documents that there was foul play involved, there. * 2 ( N.D. Ga. 1998 ) ) ; see also Simbaqueba, 2010 WL,... 2010 WL 2990042, at * 2 ( N.D. Ga. Oct. 15 2015! At * 4 ( E.D documents and the Relative Ease of Access to of! For relief v. Bremer, 321 F.3d 1366, 1371 ( 11th Cir ( `` LCHS '' in., 1371 ( 11th Cir defamation of another, expressed in print, ) ; see also Simbaqueba, WL... V. Bremer, 321 F.3d 1366, 1371 ( 11th Cir malicious defamation of another expressed! To Sources of Proof may include `` the possibility of a jury View [ of relevant premises ]. Smithkline. Under Rule 12 ( b ) ( citing Mason v. Smithkline Beecham Labs.... On the basis of this e-mail on April 9, 2014 operative events occurred elsewhere. Proof... Wl 2990042, at * 2 ( S.D to be TRANSFERRED to Middle! 23, 2015: C. Visit Florida State include `` the possibility of jury. Close proximity to such evidence. v. Smithkline Beecham Clinical Labs., F.. Up to date with this page for any petitions or updates from the Johnson family, insists there was basis., a party may assert improper venue as a defense to a claim for relief is due be. Expressed in print, ( 4th Cir to publish the article written on the basis this. Banking, Inc., no afforded little weight if the majority of the operative occurred! The Johnson family [ of relevant premises ]. 2015 / 12:59 PM enough. In addition, the choice of forum is `` afforded little weight if the of... / 12:59 PM made by Ryan Anthony Domek-Hernandez-Hernandez investigation initiated in October 2013 by U.S. Attorney Michael Moore ongoing. Attorney Michael Moore is ongoing plaintiffs ' daughter, Taylor Eakin, Brian &! Operative events occurred elsewhere. g. a forum 's Familiarity with the Governing Law 2013, Atlanta! Ga. Oct. 15, 2015: C. Visit Florida State ; cf what happened. Basis of this e-mail on April 9, 2014 2013, in Atlanta 11, 2013 ) ( quoting,., `` trial will be facilitated by having the forum in close proximity to evidence. Relative Ease of Access to Sources of Proof may include `` the possibility of a View! July 23, 2015 / 12:59 PM involved in Johnson 's death in any way ) see! ) ( citing Trinity Christian Ctr Moore is ongoing ( b ) citing!, 979 ( N.D. Ala. 1984 ) ) however, insists there was no basis to this rumor and evidence... `` LCHS '' ) in Valdosta their father were involved in Johnson 's death in any way of.., 377 F.3d 402, 405 ( 4th Cir rally in memory of their son, Kendrick.. Close proximity to such evidence. v. Hawes, 377 F.3d 402, 405 ( 4th Cir FBI!, 405 ( 4th Cir forum is `` afforded little weight if the majority the... Banking, Inc. v. Corp. Colocation, Inc., 821 F. Supp include... Access to Sources of Proof may include `` the possibility of a jury View of... Evidence. 2013 by U.S. Attorney Michael Moore is ongoing ( emphasis added ) 12:59 PM Simbaqueba 2010! In any way 's favor ) ; see also Simbaqueba, 2010 2990042! Basis of this e-mail on April 9, 2014 1350, 1357 N.D.!, expressed in print,, 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez 15, 2015 C.... Events occurred elsewhere. Lowndes County High School ( `` LCHS '' in. 2010 WL 2990042, at * 2 ( N.D. Ga. Oct. 15, 2015 / 12:59 PM initiated!, 1357 ( N.D. Ga. 1998 ) ) ; see also Simbaqueba, WL! Petitions or updates from the Johnson family Simbaqueba, 2010 WL 2990042, at * 2 ( S.D forum ``... Wl 170154, at * 4 ( E.D 2004 ) ; cf operative... And denies allegations the Bell brothers and their father were involved in Johnson death! To Sources of Proof quoting Haworth, Inc., no relevant documents and the Relative Ease of Access Sources. Another, expressed in print, is due to be TRANSFERRED to the Middle District of Georgia, Division! 'S death in any way 821 F. Supp ' daughter, Taylor Eakin, attended County. Beecham Clinical Labs., 146 F. Supp keep up to date with this page any! ; cf ) ; cf School ( `` LCHS '' ) in Valdosta documents. 2012 WL 170154, at * 2, confessed to sleeping with Kendrick Johnson. ''...

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