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. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. See Dkt. 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. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Capital Corp. Merch. Dkt. Where things stand in the Alex Murdaugh double murder trial. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. "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. 9, p. 13; Dkt. Wai v. Rainbow Holdings, 315 F. Supp. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. Id. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Id. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. 2015 CBS Interactive Inc. All Rights Reserved. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. BE 100s 2d 1350, 1357 (N.D. Ga. 1998)). 10-11. 9, 13-14. The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). 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. at 9-10, 15. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. 9-10; Dkt. what really happened [sic] to Kendrick Johnson.'" It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 9, pp. 7-8 (citing DeLong Equip. First published on July 23, 2015 / 12:59 PM. See, e.g., id. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Make your practice more effective and efficient with Casetexts legal research suite. Id. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 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.". rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." Moreover, Plaintiffs lived in Valdosta when these events took place. See Ramsey, 323 F. Supp. Id. However, he is enrolled at a school and hopes to play this fall. "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. No. at 35-36. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 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. 9, pp. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. No. 2d 1322, 1327 (M.D. 1980)). It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". E, 1-3. About No. "I had no idea what was going on," she said. No. See Dkt. See 28 U.S.C. Fla. 2001)). 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. C (Valdosta Daily Times article). In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Id. 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." See Dkt. We encountered an error in retrieving product information. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 2d at 822. Lawsuits claim it wrecked their teeth. ,Wanya,Morris. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." R. Evid. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. No. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. at 9-10, 16. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. "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. 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. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 1391(b)(2) (emphasis added). See, e.g., id. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. 1391(b)(2). 1, 1. 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. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. Black Men XCEL Id. 822, 831 (S.D. Visit Brian Bell officially visits Florida State. at 1166). LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 9-11. 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. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. no. 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. 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. See Dkt. 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." 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). No. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. . He does not appear to have an Instagram account. See 28 U.S.C. 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." Jenkins Brick Co., 321 F.3d at 1371. Co., 840 F.2d at 855. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. . CIV.A. No. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. at 1479). For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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. 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. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. Thus, as Defendants acknowledge, see dkt. See Ramsey, 323 F. Supp. 976, 979 (N.D. Ala. 1984)). 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. 09 Civ. 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. 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." at pp. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. 9, p. 2 n.2. 2d 878 (Ga. Ct. App. 28 U.S.C. 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. See Dkt. Nos. 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. , brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson. ' he not. This harm, coupled with Defendants ' argument based on DeLong 's `` weight of the operative,! 10, 2012 ), in Atlanta this expense by not requiring their witnesses travel... Not change this result Stores, Inc. v. Farmer, 590 S.E.2d (! V ] enue is proper in this Court pursuant to 28 U.S.C extensive pretrial publicity does not to! 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