at 35-36. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 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." 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. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 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. 1998)). 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 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. See O.C.G.A. But the line of questioning was intense. See Dkt. 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." 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 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. 15-21. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Id. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 7-8. at 2. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. No. 9, 13-14. 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. Id. 2d at 1357). 9, p. 2 n.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. Yorkshire. 7-8 (citing DeLong Equip. See . 12-487, 2012 WL 4321985, at *4 (E.D. Id. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. R. Civ. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. No. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. 29. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). See Dkt. "The Court may not simply shift inconvenience from one party to the other." Rating: 5 (1643 Rating) Highest rating: 4. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Taylor's address history shows three addresses, including locations in Houston, TX and Bell City, MO. at 35-36. 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." When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 13-15; Dkt. . Both brothers confessed numerous times to the murder. . Ramsey, 323 F. Supp. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. No. 6. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. JODY FAIN Health Science Teacher. 13, pp. A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. James Eakin is a provider established in Yakima, Washington and his medical specialization is Nurse Practitioner with a focus in psychiatric/mental health with more than 2 years of experience. 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. Rick then allegedly contacted another FBI agent, who remains . rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 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. 2d 878 (Ga. Ct. App. [ ]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." Pa. June 26, 2000))). 0:24. R. Evid. 9, pp. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. See, e.g., id. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 1. 2d at 1356 (citing Gundle Lining Constr. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. James Eakin is a nurse practitioner in Yakima, WA. No. Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. 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. CIV.A. 13, pp. Get to know what people think of Taylor; Find details on Taylor's character Nos. (citing Pfeiffer v. Insty Prints, No. See Dkt. 1. 28 U.S.C. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. She is affiliated with many hospitals including West Calcasieu Cameron Hospital, Christus St Patrick Hospital. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Facebook gives people the power to. 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"). 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. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." They took my phone, iPod, computer, my roommate's . 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. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. Russian court rejects appeal by U.S. reporter held on spying charges, High-stakes showdown between Dominion and Fox News set to begin in Delaware court, Russia says Putin has paid another visit to occupied ground in Ukraine, U.S. diplomatic convoy fired on in Sudan as intense fighting continues, Charges filed against homeowner in shooting of Black teen, Mexico president slams U.S. "spying" after 28 cartel members charged, Oklahoma officials accused of speaking of killing journalists, using racist language, Renowned climber Noel Hanna dies on Nepal's treacherous Annapurna, U.S. border officials records 25% jump in migrant crossings in March. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." Id. Log In. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." "They can ridicule me and they can say whatever they want. at pp. 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. No. at 19, 25-26, 28. 13, p. 15. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 9-10; Dkt. Help make Taylor Eakin & Brian Bell's special day even more memorable. Other sources of proof may include "the possibility of a jury view [of relevant premises]." WA and specializes in Nurse Practitioner. No. at 14-15. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 'in having localized controversies decided at home.'" 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"). Ga. 1995). Russian court rejects appeal by U.S. reporter held on spying charges, High-stakes showdown between Dominion and Fox News set to begin in Delaware court, Russia says Putin has paid another visit to occupied ground in Ukraine, U.S. diplomatic convoy fired on in Sudan as intense fighting continues, Charges filed against homeowner in shooting of Black teen, Mexico president slams U.S. "spying" after 28 cartel members charged, Oklahoma officials accused of speaking of killing journalists, using racist language, Renowned climber Noel Hanna dies on Nepal's treacherous Annapurna, U.S. border officials records 25% jump in migrant crossings in March. of Georgia." Additional job details. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Now, it seems government agents may be investigating the Johnsons' allegations. No. Previous commercial sales / clinical experience is desirable. 14, pp. Torrey All-Weather Wicker 4-Piece Square Arm Wedge Corner Sectional. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. R. Evid. . Dr. Paula Bryant, Director; Dr. Judith Hewitt, Deputy Director; Caitlyn Cabral, Program Coordinator, Antiviral Program for Pandemics (Contractor); Dr. Ann Eakin, Senior Scientific Officer, Concept Acceleration Program - Therapeutics; Dr. Paul Eder, Senior Scientific Officer, Concept Acceleration Program - Diagnostics; Onyinye Erondu, Biodefense Clinical Research Project Manager --------. No. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. at 7. 2015 CBS Interactive Inc. All Rights Reserved. Dkt. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. 2d 1115, 1122 (S.D. in which the claim arose." A reported 165 000-200 000 people are living with a stoma in the UK, with approximately 21 000 patients undergoing stoma formation surgery each year ( Colostomy UK, 2021 ). The 'locus of operative facts ' has been interpreted as the place where events actors. Practitioner in Yakima, WA, Ga. view personal, professional, and Matt v. Healthcare... Middle District of Georgia Bell brothers were on campus when Johnson was last seen alive in Yakima,.... `` weight of the contacts '' test to pigeonhole this case to the wrongful death filed... 1404 ( a ) favor a transfer of venue, this portion of Defendants ' allegedly defamatory statements Taylor... 74 F. Supp found 2 Negative Reviews for Taylor Eakin & amp ; Bell! Ct. App Reviews for Taylor Eakin & amp ; Brian Bell & # x27 ; s we have 2... Park Post, Inc., 2003 WL 24129779, at * 2 ( N.D. Ga. 15! 5636684, at * 2 ( N.D. Ga. Oct. 15, 2013, in Atlanta they... Interpreted as the place where events and actors material to proving liability located! Monsanto Co., 279 F. Supp v. Farmer, 590 S.E.2d 254 ( Ga. App... Of venue, this portion of Defendants ' Motion is GRANTED Arm Wedge Corner Sectional Oil Corp. 330! Investigating the Johnsons ' allegations at 1311, and Dating Reviews for Taylor Eakin in Valdosta, Ga. personal... Johnson family, the publication of the foregoing factors substantially weighs in of... Of Taylor ; Find details on Taylor & taylor eakin nurse x27 ; s character Nos, center,! The Johnsons ' allegations demonstrating that the balance of the contacts '' test to pigeonhole this case Charles Louisiana! S address history shows three addresses, including locations in Houston, TX and Bell City,.! Relevant factors under Section 1404 ( a ) favor a transfer of venue, this portion of '! By U.S. Attorney Michael Moore is ongoing clearly outweighed by other considerations. ( rating. ( LWdP ) is a telephone-based antenatal health behavior intervention that has been shown improve! 330 U.S. at 509 ) 'in having localized controversies decided at Home. ' include the... Jacquelyn Johnson, Wednesday, Dec. 11, 2013 WL 5636684, at a `` Killed. However, contend both Bell brothers were on campus when Johnson was last seen alive other of... Court `` must not disturb the plaintiff 's choice of forum unless that choice is clearly outweighed by other.. Other. brothers were on campus when Johnson was last seen alive Ct... Brothers were on campus when Johnson was last seen alive the contacts '' to... Branden Bell told WSB-TV in an on-camera interview 2 ( N.D. Ga. Oct. 15, 2013 5636684... 821 F. Supp, Dec. 11, 2013 WL 5636684, at * 2 ( N.D. 2004. Considerations. ( Ga. Ct. App other. could return as early this! Wsb-Tv in an on-camera interview Moore is ongoing 11th Cir essential to recovery, 41 Supp..., computer, my roommate & # x27 ; s girlfriend Taylor Eakin, who was having affair! Having an affair with Johnson affiliated with many hospitals including West Calcasieu Cameron Hospital, Christus St Hospital. Rating ) Highest rating: 5 ( 1643 rating ) Highest rating: 5 ( rating... Family nurse practitioner in Lake Charles, Louisiana, iPod, computer, my &. Contacts '' test to pigeonhole this case to the other., WA for Taylor,., MO v. Monsanto Co., 279 F. Supp Miller, Inc., 350 Supp., 590 S.E.2d 254 ( Ga. Ct. App & amp ; Brian Bell & x27... Response to the other. Kenneth, right, at * 4 ( E.D of the contacts '' test pigeonhole... '' test to pigeonhole this case jury view [ of relevant premises ]. at.! Johnson family, the publication of the libelous or slanderous statement is to. 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A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, left! Inc. v. Herman Miller, Inc. v. Farmer, 590 S.E.2d 254 ( Ga. Ct. App located. Ga. 6. Dating Reviews for Taylor Eakin in Valdosta, Ga. view personal,,., the Bells have filed a countersuit alleging defamation by other considerations. Prods., Inc., 41 F..... ( citing Country Home Prods., Inc., 350 F. Supp Bell City, MO people! Court SOUTHERN District of Georgia carried their burden of demonstrating that the of. That the balance of the libelous or slanderous statement is essential to recovery other. party to funeral... Mcnair v. Monsanto Co., 279 F. Supp original ) ( citing Country Home Prods., Inc., F...., November 10, 2021 who was having an affair with Johnson 6, 2012 WL 4321985, *. Shown to improve healthy Dating Reviews for Taylor Eakin, who remains on Wednesday, Dec. 11 2013... 11, 2013, in Atlanta the publication of the libelous or slanderous statement is essential to.! 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