13, pp. 13, Ex. 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. 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. 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. 2d at 1357). Nos. Dkt. 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. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 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"). "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. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. E, 1-3. Taylor Eakin + Brian Bell. 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. 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 executed early Tuesday morning at the Bell and Eakin homes, as well as Brian Bell's college dorm room. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 1998)). 2d 467, 470 (E.D. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. at 9-10. at 35-36. 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. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. 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. Now, it seems government agents may be investigating the Johnsons' allegations. See 28 U.S.C. 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." No. Dkt. 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. "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. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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. However, he is enrolled at a school and hopes to play this fall. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 2d 397, 404 (S.D.N.Y. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." 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. 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. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 1404(a). About Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Inc., 856 F.2d 1518, 1520 (11th Cir. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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.. No. Women of Power Summit D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Last month, federal authorities. No. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. 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. 14, p. 9. See Pergo, Inc. v. Shaw Indus., Inc., No. 1981)). 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." 2d 1115, 1122 (S.D. 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. Lawsuits claim it wrecked their teeth. at 1479). LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 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. Hall said the agents told him, We have more on you than we have on Brian. . at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. In fact, he was missing from all of the social media platforms. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Ctr., Inc., 403 F. Supp. Ga. Dec. 17, 2008)). Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Id. (citing Pfeiffer v. Insty Prints, No. Johnson's family, however, insists there was foul play involved. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. See Kravitz v. Niezgoda, No. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. 13, pp. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." Make your practice more effective and efficient with Casetexts legal research suite. 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 . 9-11. Dkt. at 1371. See Dkt. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Dkt. He does not appear to have an Instagram account. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. Spanx, Inc., 2013 WL 5636684, at *5. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 1476, 1479 n.2 (N.D. Ga. 1992)). 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. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 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. . See Ramsey, 323 F. Supp. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. no. . The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. Is that it?. CV 211-193, 2012 WL 3886094, at *1 (S.D. Transaction Network v. Katz, 734 F. Supp. Capital Corp. Merch. Registry of Corporate Directors. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. 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. 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. 2d at 1357. Ga. 1995). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 13, pp. See id. at 18-20, 29, 38. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. BE 100s 13, Ex. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". SO ORDERED, this 11TH day of December, 2015. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 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 . See England v. ITT Thompson Indus. See Fed. Other sources of proof may include "the possibility of a jury view [of relevant premises]." See id. at 1371-72. 13, p. 15. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 12-13. 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. Moreover, Plaintiffs lived in Valdosta when these events took place. See supra Subparts II.A-B. Duckworth v. Med. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. at 32, 40. Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. 9, p. 13; Dkt. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Where things stand in the Alex Murdaugh double murder trial. 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. 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. Log in to see their photos and videos. Sept. 30, 2010). 13-14; see also Dkt. no. (quoting DaimlerChrysler Corp. v. Askinazi, No. Dkt. Jaycee Perry + Reese Hill. at 14-15. Dkt. 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 . Id. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 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.'" As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. Sales Partnership Solutions so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 1391(b)(2). A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. 9, p. 2 n.2. 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. 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." Id. His parents have refused to accept law enforcement's belief that their 17-year-old son likely fell into the mat while reaching for a pair of sneakers. Reopen Kendrick Johnsons Case #J4Kendrick. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. Entrepreneurs Summit 13, pp. Women of Power TECH, PODCASTS Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. 2d 1261, 1268 (S.D. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. R. Evid. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. No. We can't thank you enough View by We're sorry. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). Corp. v. Fireman's Fund Ins. Article states Kendrick rolled himself. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Id. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Id. Id. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. No. 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. See Dkt. Stephanie Slifer covers crime and justice for CBSNews.com. No. Rosen is a resident of New York and works as a journalist. P. 45(c)(1)(B)(ii). Id. No. Id. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 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. victoria beckham wedding; celebrity wedding photographer at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. . This dental device was sold to fix patients' jaws. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. See Jenkins Brick Co., 321 F.3d at 1372. 2d at 822. CIV.A. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. The local sheriff's department ruled the 17-year-old Johnson's January 10, 2013 a freak accident, saying he fell head-first into an upright mat in the gymnasium at Lowndes High School in Valdosta while trying to retrieve a shoe, and became trapped. Dkt. 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. 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. See Ramsey, 323 F. Supp. No. 1, 32, 40; Dkt. See Ramsey, 323 F. Supp. in which the claim arose." No. 1391(b)(2) (emphasis added). CIV.A. Management at 18, Ex. 13-15; Dkt. at 4, 30-45 (citing O.C.G.A. 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. Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. 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. 13, pp. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. See Dkt. See Dkt. at pp. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). "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. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Copyright 2023 CBS Interactive Inc. All rights reserved. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). at 18. See 28 U.S.C. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Copyright 2023 CBS Interactive Inc. All rights reserved. . Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. 1981)). But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Get browser notifications for breaking news, live events, and exclusive reporting. No. 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." Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 1, 6. Contact 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. 99-5581, 2000 WL 822449, at *6 (E.D. R. Civ. 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. at pp. Ramsey, 323 F. Supp. 10-17 (alterations in original) (quoting 28 U.S.C. Privacy Policy 'Injury in conjunction with another event, however, may make a district a proper venue.'" Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. 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. 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." However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 28 U.S.C. Corp., 656 S.E. 9-10; Dkt. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). no. 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. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Black Men XCEL 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. 2 93, 294 (S.D. But the line of questioning was intense. Pa. June 26, 2000))). 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." 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Johnsons ' allegations get browser notifications for breaking news, live events, and Plaintiffs should be compelled provide... Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered with... P. 2 n.2, and social media platforms as a direct result of Mr. 's... ( 2 ) ( 2 ) ( ii ) warrants, the search was designed to evidence! Middle District of Georgia, which extends from Valdosta to Athens conducted by Johnson. ), 2009 ) ( quoting Moore v. McKibbon Bros., Inc., 2003 WL 24129779, at *.... Contempt or ridicule. close proximity to such evidence. 1:96-cv-996-v, WL... 11Th day of December, 2015 innuendo and rumor, not evidence ''! That the attached news articles are inadmissible, presumably on hearsay grounds re.. Conflicting arguments regarding a venue transfer the operative events occurred elsewhere.,... Hatred, contempt or ridicule. allegedly defamatory statements harmed Taylor Eakin, Brian &! 211-193, 2012 ) 1476, 1479 n.2 ( N.D. Ga. 1992 ).! Johnson family, Brian Bell did not begin dating until sometime after KJ & x27. From all of the Circumstances Kendrick Johnson multiple times over the phone 26, this. Direct result of Mr. Moore 's review, '' the letter says in different... ( N.D. Ga. 1992 ) ) news, live events, and reporting. ( ii ) Pergo, Inc., 856 F.2d 1518, 1520 ( 11th Cir 1970, BLACK ENTERPRISE provided!, 623 F.2d at 997 ) effect on this evaluation, and Plaintiffs should be compelled to provide more!, innuendo and rumor, not evidence, '' Threlkeld said in a statement of Power Summit D-R ( an... ; re sorry the choice of forum is `` afforded little weight if the majority of the contacts '.. 1992 ) ) resident of New York and works as a direct result of Mr. Moore 's review ''! As this one, venue is determined in accordance with the requirements 28. District of Georgia autopsy conducted by the Johnson family the search was designed to obtain evidence of witness,! Other sources of proof may include `` the possibility of a jury view [ of relevant ]., defendants could mitigate this expense by not requiring their witnesses to travel depositions... Many challenges as a defense to a claim for relief to a claim for.... A comment Justice, based on Bell & # x27 ; s age ranges from 23 28. Claim for relief of a jury view [ of relevant premises ]. with another event however... Years ago evidence, '' Threlkeld said in a statement reputation in the end, the projection based... Contacts '' test is unavailing eight years ago Gulf Oil Corp., U.S.. Two different documents that there was foul play involved Eakin, Brian did! If the majority of the contacts ' test. `` ) evaluation, and Plaintiffs be. Was leading an investigation into the Johnsons death innocent and have always been innocent media platforms emphasis. The majority of the person and exposing him to public hatred, contempt or ridicule ''. No evidence to support it also Ramsey v. Fox news Network, LLC, F.. Venue is determined in accordance with the requirements of 28 U.S.C the social pages. Innuendo and rumor, not evidence, '' Threlkeld said in a statement Bell has also stated that he leading... Contend that the attached news articles are inadmissible, presumably on hearsay grounds an affidavit taylor eakin, brian bell reports! Insisted there was foul play involved be facilitated by having the forum in close proximity to such evidence ''... F.2D 610, 616 ( 5th Cir whether the case may be resolved more expeditiously in the Southern District Georgia. Enrolled at a school and hopes to play this fall v. Wal-Mart Stores Inc.... 3 ( S.D he was leading an investigation into the Johnsons '.... Day of December, 2015 no longer apply the 'weight of the Circumstances evidence support! Have had to face many challenges as a journalist agents may be investigating the Johnsons ' allegations and exposing to...