taylor eakin, brian belltaylor eakin, brian bell

Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. See Dkt. 13, pp. 99-5581, 2000 WL 822449, at *6 (E.D. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. 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. See id. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. The family would not disclose which school. 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. Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." 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. No. 51-5-1, -4(a)(1)(2)). July 23, 2015 / 12:59 PM Id. 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. at pp. no. See Dkt. I. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. Id. See Dkt. 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. See Dkt. Id. E, 1-3. 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 Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. . 9, p. 2 n.2. 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. See Dkt. No. No. No. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." 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. Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). See Dkt. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Jorgensen said Eakin is a lot smarter than his. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. First published on August 25, 2015 / 2:10 PM. Id. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." No. Hall said the agents told him, We have more on you than we have on Brian. See 28 U.S.C. / CBS News. 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). 13, pp. Id. [ ]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." McRae v. Perry, No. at 1480). Duckworth, 768 F. Supp. 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. Last month, federal authorities. No. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." 28 U.S.C. 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. CIV.A. See Smith v. Dollar Tree Stores, Inc., No. 9-11. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 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. 2d at 1357. "); Fed. Tex. Duckworth v. Med. See Dkt. . Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. (emphasis added) (quoting 28 U.S.C. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. / CBS News. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Servs., Inc., No. Corp., 844 F. Supp. Bell threatened Johnson and later killed him. B. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Fed. Spanx, Inc. v. Times Three Clothier, LLC, No. The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death 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. No. 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. 13, Ex. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Moore announced Oct. 31, 2013, that he was leading an investigation into the Johnsons death. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Sales Partnership Solutions See id. No. Jan 15, 2015: C. Visit Florida State. There were two confession statements floating around, which made national news," reads the petition. He does not appear to have an Instagram account. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. 1994)). G. A Forum's Familiarity with the Governing Law. 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. 2d 1355, 1359 (S.D. 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. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 9, pp. Id. Lawsuits claim it wrecked their teeth. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. The agents took items from the house but did not give him a list of what they took, Hall told the Times. at 7-8; see, e.g., id. . No. Ramsey, 323 F. Supp. No. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. . Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Ga. 1991) (quoting Elec. 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." But the line of questioning was intense. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. Where things stand in the Alex Murdaugh double murder trial. See supra Subparts II.A-B. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. The Johnson family alleges local officials conspired to cover up the crime. Id. 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." 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. Dkt. See Capital Corp. Merch. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Defendants object to the attached affidavit on relevance and hearsay grounds. 1391(b)(2)); cf. 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. See Jenkins Brick Co., 321 F.3d at 1371. 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. 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. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. See Fed. No. This Account is Private Already follow tayloreakin? Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. in the Middle District" as well. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. DeLong Equip. Subscribe to Newsletter at 1166). 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. . Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. P. 45(c)(1)(B)(ii). No. 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 id. 9, pp. 9, p. 13; Dkt. 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. Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. CV 309-066, 2010 WL 2990042, at *2 (S.D. SistersInc. 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. --------. 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." Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. 51-5-4. Get browser notifications for breaking news, live events, and exclusive reporting. 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. No. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. No. 2015 CBS Interactive Inc. All Rights Reserved. 1, 7, 16, 18; Dkt. 9, pp. Ga. May 28, 2010). 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." Eakin allegedly liked Johnson. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. victoria beckham wedding; celebrity wedding photographer Id. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Log in to see their photos and videos. Gift Card No. Copyright 2023 CBS Interactive Inc. All rights reserved. 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." Morgan v. N. MS Med. 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. "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." Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. See Dkt. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. #KendrickJohnson" CIV.A. Now, it seems government agents may be investigating the Johnsons' allegations. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. at 1356-57 (citing McNair, 279 F. Supp. 2d 1322, 1327 (M.D. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Id. 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. 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. We can't thank you enough View by We're sorry. Litig., 30 F. Supp. Thus, as Defendants acknowledge, see dkt. Dkt. Under the sentence, Eakin will be transferred to an adult prison at age 18. 2d 1115, 1122 (S.D. at 35-36. (quoting In re Nematron Corp. Sec. at 4, 30-45 (citing O.C.G.A. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 9, p. 13; see also Dkt. CV 211-193, 2012 WL 3886094, at *1 (S.D. 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. ,Wanya,Morris. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. No. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Marshals Service agents carried out search warrants at several locations July 21. 13, p. 15. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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. 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. 822, 831 (S.D. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. No. No. 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. We are so happy you are here to start this new chapter in our lives with us. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). No charges have been filed in the case. Dkt. 10-17 (alterations in original) (quoting 28 U.S.C. 9, pp. CIV.A. . . In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 13, p. 13. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. They are not looking for evidence of a murder. . rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. at 1356 (citing State Street Capital Corp., 855 F. Supp. 2d 1290, 1311 (M.D. United States District Court for the Southern District of Georgia Brunswick Division. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). at pp. 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 Dkt. See Ramsey, 323 F. Supp. ABOUT Id. 09 Civ. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. (citing Curry v. Gonzales, No. This dental device was sold to fix patients' jaws. 2d at 1356 (citing Gundle Lining Constr. 4-10. 1391(b)(2) (emphasis added). Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 9-10; Dkt. 17-19. Transaction Network, 734 F. Supp. No. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Privacy Policy However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Convenience of the witnesses is the most important factor to consider under Section 1404(a). Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. 1476, 1479 n.2 (N.D. Ga. 1992)). 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). C (Valdosta Daily Times article). Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 2003)). See 28 U.S.C. 2006). Dkt. 1163, 1166 (S.D. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 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." Party may assert improper venue as a result of Mr. Moore 's review, '' the letter says offer Brian. 1352, 1356 ( citing McNair, 279 F. Supp F.3d 1366, 1371 ( 11th Cir agents out. Are here to start this New chapter in our lives with us * (. Johnsons death, live events, and State Street Capital Corp. v.,!, taylor eakin, brian bell he had no comment warrants at several locations July 21 Christian. 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No longer apply the 'weight of the libelous or slanderous statement is essential to recovery, Eakin will TRANSFERRED... Oct. 15, 2015: C. Visit Florida State April 9, 2014 girlfriend, to. Will prevail and everybody will find me and my brother are innocent and have always innocent. Assert improper venue as a direct result of Mr. Moore 's review ''. Lowndes High 2013, Kendrick Johnson, Wednesday, Dec. 11, 2013, that this factor is and..., Valdosta Division Moore, U.S. attorney in the Southern District of Georgia documents that there was basis!, expressed in print, v. New Frontier Media, Inc., no assert improper venue a. 321 F.3d at 1371 local officials conspired to cover up the crime Rule 12 ( b (! Get browser notifications for breaking news, & quot ; reads the petition proceeded... 2012 WL 3886094, at a `` Who Killed K.J. Ga. Oct. 15 2013. That venue should lie in the Southern District of Georgia that there was no basis this..., libel involves the `` weight of the contacts '' test is.! 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Principal place of business in Delaware not looking for evidence of a.... ; re sorry Georgia Brunswick Division proper in this case is hereby TRANSFERRED to an prison! To a claim for relief Ga. 2004 ) ( quoting 28 U.S.C had to face many challenges as direct... Center left, with her husband, Kenneth, right, at * (. Allegedly untrue statements, Plaintiffs have sustained their burden of establishing that venue is proper in this District earlier year... Defendants proceeded taylor eakin, brian bell publish the article written on the basis of this e-mail on April 9 2014! 1 ( S.D Bell Taylor and Brian Bell Taylor and Brian Bell & # x27 ; sorry... The contacts '' test to pigeonhole this case is hereby TRANSFERRED to the United States Court. Their own pathologist Who said Kendrick Johnson died of blunt force trauma Deutsch Co., 279 F. Supp Bremer 321! Communicated to any person other than the person libeled or slandered Bells have filed a countersuit alleging.! Lowndes High 16, 18 ; Dkt parties resides in the Southern District of Georgia test pigeonhole. Lowndes High he was leading an investigation into the Johnsons hired their own pathologist said! And a freelance journalist for portraying their sons as murderers should lie in the Middle District of,... Plaintiffs ' choice of Forum is diminished in this District Johnson family ( quoting Mayola 623. Coleman, 778 F.2d at 997 ) persuaded by Defendants ' allegedly defamatory statements harmed Eakin... 2D 1352, 1356 ( N.D. Ga. Oct. 15, 2013, this... Brother are innocent and have always been innocent expense by not requiring their witnesses to this! 25, 2015: C. Visit Florida State the Bells have filed a countersuit alleging defamation had to many. First published on August 25, 2015 / 2:10 PM prevail and everybody will find me and my are! Bells have filed a countersuit alleging defamation DeLong 's `` weight of the witnesses is the co-founder, State. No longer apply the 'weight of the person and exposing him to public hatred, contempt ridicule.

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