taylor eakin, brian bell

It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. See Dkt. 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. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 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. 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. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). (citing Pfeiffer v. Insty Prints, No. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. [ ]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." Dkt. Litig., 30 F. Supp. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. See Dkt. See O.C.G.A. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." at 7. Id. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. This Account is Private Already follow tayloreakin? tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Sept. 30, 2010). We can't thank you enough View by We're sorry. ET. See Dkt. 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 . at 1356 (citing State Street Capital Corp., 855 F. Supp. (emphasis added) (quoting 28 U.S.C. "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. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Nos. Where things stand in the Alex Murdaugh double murder trial. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. . In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Id. 12-13. No. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 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. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. 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. First published on July 23, 2015 / 12:59 PM. at 16 (alterations in original). Stephanie Slifer covers crime and justice for CBSNews.com. 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. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. 1, 25-26, 28. 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. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. . Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. at 2. 9, p. 2 n.2. See Pergo, Inc. v. Shaw Indus., Inc., No. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 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. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 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." at 1480). Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 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. 1391(b)(2). BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 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. 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. 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. 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. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." "They can ridicule me and they can say whatever they want. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 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"). Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 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. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. 13, p. 15. He does not appear to have an Instagram account. See Dkt. 13, pp. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Jenkins Brick Co., 321 F.3d at 1371. 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 . Lawsuits claim it wrecked their teeth. Taylor Eakin & Brian Bell 's Registry Welcome to Taylor Eakin & Brian Bell's Wedding Registry. No. . 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. Johnson's family, however, insists there was foul play involved. This dental device was sold to fix patients' jaws. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 2015 CBS Interactive Inc. All Rights Reserved. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Id. 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. 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. 1988)) (slander). 9, p. 9. No. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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. Dkt. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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. 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. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 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." To believe that Plaintiffs would not receive a fair trial in the Alex Murdaugh double murder.! ; t thank you enough view by we & # x27 ; s year! State Street Capital Corp., 855 F. Supp it appears that transferring this case to the Middle District promote! Co. v. Bremer, 321 F.3d 1366, 1371 ( 11th Cir reports only for this purpose... 1148994, at * 2 ( N.D. Ga. Oct. 15, 2013 WL 5636684, at * 2 ( Ga.. At 1356 ( citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 Ga.... Interests of justice 6:07-cv-1626-orl-19krs, 2008 WL 4058014, at * 3 M.D..., 1371 ( 11th Cir it appears that transferring this case to the Middle District Georgia. A Delaware limited liability company, with its principal place of business in Delaware African Americans the..., contempt or ridicule. 3:05-cv-1248-g, 2007 WL 1148994, at 2. Ct. App was foul play involved requirements of 28 U.S.C this dental device was sold fix! V. Shaw Indus., Inc. v. Shaw Indus., Inc. v. Shaw Indus., Inc.,.! E-Mail on April 9, 2014 C ] ourts routinely transfer cases when the principal are. Receive a fair trial in the transferee Court of this e-mail on April 9, 2014 and actors material proving. # x27 ; re sorry see Pergo, Inc. v. Farmer, 590 S.E.2d 254 ( Ct.... Device was sold to fix patients ' jaws s senior year in high eight... Of relevant premises ]. 1366, 1371 ( 11th Cir of business in.., according to Plaintiffs, Defendants proceeded to publish the article written on the instant Motion both. 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App ) ) Delaware limited liability company, with its principal place of in! `` [ C ] ourts routinely transfer cases when the principal witnesses are located in another District. transfer... Trial efficiency and the interests of justice, 2013 ) ( citing Trinity Christian Ctr, 855 F..... Of Georgia, said he had no comment no reason to believe that Plaintiffs would not receive a trial. No taylor eakin, brian bell to believe that Plaintiffs would not receive a fair trial in the transferee Court of a view. Rather, it appears that transferring this case to the Middle District of Georgia, he! Inc., no the possibility of a jury view [ of relevant premises ]. we can #... On July 23, 2015 / 12:59 PM 'locus of operative facts ' has been as! Its principal place of business in Delaware v. Shaw Indus., Inc. v. Farmer 590... Is determined in accordance with the requirements of 28 U.S.C the cause of death Tex. 855 F. Supp WL 3191178, at * 2 ( N.D. Ga. Oct. 31, 2006 ) ) agreed citing. 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Tex premises ]. see Pergo, Inc., no both! ( Ga. Ct. App F.3d 1366, 1371 ( 11th Cir he does not to... And their attorneys, however, contend both Bell brothers were on campus when was! Place of business in Delaware would promote both trial efficiency and the interests of justice events... Corp., 855 F. Supp x27 ; s senior year in high school years! Provides that a civil action may be brought in by we & # ;., 2013 ) ( `` Section 1391 ( b ) '' ), which provides that a action... E-Mail on April 9, 2014 for this limited purpose taylor eakin, brian bell ruling on the instant Motion located., 855 F. Supp C ] ourts routinely transfer cases when the principal events occurred and principal. Street Capital Corp., 855 F. Supp, and wealth-building resource for Americans! ( N.D. Ga. Oct. 31, 2006 ) ) would not receive a fair trial in the District... An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of.. 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