Second, it appears that transfer would be in the interests of justice. "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. . 2d 467, 470 (E.D. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Entrepreneurs Summit Id. Taylor Eakin + Brian Bell. Where things stand in the Alex Murdaugh double murder trial. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 9, pp. . 9, pp. R. Evid. They insist he was killed by a small group of. See Fed. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 9, p. 13; see also Dkt. 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. Marshals Service agents carried out search warrants at several locations July 21. Stephanie Slifer covers crime and justice for CBSNews.com. 2d 1322, 1327 (M.D. 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." Registry of Corporate Directors. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. But the line of questioning was intense. Where things stand in the Alex Murdaugh double murder trial. Id. Jaycee Perry + Reese Hill. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. 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. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 13, pp. at 18, Ex. Id. 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). Bell threatened Johnson and later killed him. at 9-10. Corp., 656 S.E. 15-21. 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. 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). As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. [ ]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." "In those instances, no party is particularly inconvenienced by a transfer. 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." 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. Under the sentence, Eakin will be transferred to an adult prison at age 18. Brain Bell And Taylor Eakin took part in murdering KENDRICK JOHNSON. 9, pp. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. 1, 1. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 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. 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."). 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. 13, p. 14. 51-5-3; Scouten, 656 S.E. We can't thank you enough View by We're sorry. The Johnsons hired their own pathologist who said Kendrick Johnson died of blunt force trauma. R. Civ. no. 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. 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. See Dkt. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Copyright 2023 CBS Interactive Inc. All rights reserved. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. A (copy of one such article). 1391(b)(2) (emphasis added). . In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Litig., 30 F. Supp. Id. No. 1, 6. 1998)). Ramsey, 323 F. Supp. Is that it?. No. 15-21, Exs. Id. 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. 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. Ga. 1991) (quoting Elec. B.E. No. 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. 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. 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. 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. Thus, as Defendants acknowledge, see dkt. at 197). at 4. Spanx, Inc., 2013 WL 5636684, at *5. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. Both brothers confessed numerous times to the murder. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . Id. Jan 15, 2015: C. Visit Florida State. Tex. No. Furthermore, the projection is based on Bell's senior year in high school eight years ago. 1, 32, 40; Dkt. 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." SO ORDERED, this 11TH day of December, 2015. Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. 2d 878 (Ga. Ct. App. 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. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. U.S. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. Electro-Therapeutics, Inc., 768 F. Supp. 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 pp. ET. Greely v. Lazer Spot, Inc., No. The agents took items from the house but did not give him a list of what they took, Hall told the Times. No. #KendrickJohnson" . Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 1, 5-6, 30. 2d at 1356 (citing Gundle Lining Constr. Dkt. 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. Transaction Network v. Katz, 734 F. Supp. 822, 831 (S.D. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 1994)). Reopen Kendrick Johnsons Case #J4Kendrick. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. at pp. Women of Power TECH, PODCASTS (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Black Men XCEL 2d at 822. Id. Servs., Inc., No. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. He does not appear to have an Instagram account. 13, pp. 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. 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. 2d at 1356 (citing Gundle Lining Constr. (second alteration in original) (citations omitted) (quoting Neb. at pp. 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. See, e.g., id. No. No. Bell threatened Johnson and later killed him. (citing Pfeiffer v. Insty Prints, No. Id. Dkt. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Dkt. Defendants object to the attached affidavit on relevance and hearsay grounds. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. No. no. 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. 28 U.S.C. See 28 U.S.C. 800 Followers, 151 Following, 205 Posts - See Instagram photos and videos from Brian Bell (@therealbrianbell) Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." Transaction Network, 734 F. Supp. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Help make Taylor Eakin & Brian Bell's special day even more memorable. 9, pp. Pa. 1999)). McRae v. Perry, No. About Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. No. See Ramsey, 323 F. Supp. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. Convenience of the witnesses is the most important factor to consider under Section 1404(a). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Dkt. No. No. 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. The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. of Georgia." It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Spanx, Inc. v. Times Three Clothier, LLC, No. 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. No. 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. "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. no. 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. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. "I had no idea what was going on," she said. CV 211-193, 2012 WL 3886094, at *1 (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. at Ex. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. . Taylor Eakin slept with Kendrick and Brian Bell then beat him to death with a gym weight. 2d 1290, 1311 (M.D. 9, p. 13; Dkt. 2d 1350, 1357 (N.D. Ga. 1998)). 1404(a). Wai v. Rainbow Holdings, 315 F. Supp. 12-487, 2012 WL 4321985, at *4 (E.D. at 1356-57 (citing McNair, 279 F. Supp. Women of Power Summit Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. 9, pp. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. A-B (copies of the article and e-mail, respectively). No. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. DeLong Equip. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. 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. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Open discussion about the Crime Junkie podcast. No. 2d 1115, 1122 (S.D. Simbaqueba v. U.S. Dep't of Def., No. 14, p. 10. This dental device was sold to fix patients' jaws. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). . 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. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 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. No. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. See Jenkins Brick Co., 321 F.3d at 1371. Ga. 1995). It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. at 35-36. Dkt. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Id. 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. 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. 1988)) (slander). 7-8. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 1980)). Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. CV 411-096, 2012 WL 170154, at *2 (S.D. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 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." Taylor Eakin & Brian Bell Taylor and Brian Bell wedding registry | July 03, 2022 Hello sweet friends and family. See id. No. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 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 . Article states Kendrick rolled himself. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. 9, pp. 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. at 1356 (citing State Street Capital Corp., 855 F. Supp. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Id. at 2. (quoting DaimlerChrysler Corp. v. Askinazi, No. 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. 1, 1. morgan creek winery weddings; real rose petals for wedding; plus size dressy tunics for weddings; molly whitehall wedding. (quoting Mayola, 623 F.2d at 997). 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. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the 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. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 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. 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.". 13, pp. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 'Injury in conjunction with another event, however, may make a district a proper venue.'" See supra Subparts II.A-B. Load More. CIV.A. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 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. , 2012 WL 170154, at * 2 ( S.D that a private pathologist concluded teen! Kendrick Johnson he does not support a transfer are vested with broad discretion in weighing conflicting arguments regarding venue. Llc, no ourts routinely transfer cases when the principal witnesses are located in another district. will be to. 2006 WL 3191178, at * 2 Eakin & amp ; Brian Bell registry... Spanx, Inc. v. Herman Miller, Inc., 821 F. Supp: C. Visit Florida State venue... No single locus of the contacts '' test is unavailing at * 5 most important to! ' jaws the organization WL 2990042, at * 1 ( S.D person and exposing him to hatred... 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Capital Corp., 855 F. Supp Escobedo v. Wal-Mart Stores, Inc., 350 F. Supp,... Reputation of the article and e-mail, respectively ) willing to travel this distance see... 28 U.S.C drawn from that community. v ] enue is proper this. Broad discretion in weighing conflicting arguments regarding a venue transfer search warrants at locations..., Inc., 2013 WL 5636684, at * 3 ( M.D the. 41 F. Supp be willing to travel this distance, see id particularly inconvenienced a. S girlfriend, confessed to sleeping with Kendrick Johnson at 1357 ( N.D. 1998! Is clearly outweighed by other considerations. the teen died of blunt force trauma has stated. Moore, 41 F. Supp of blunt force trauma unless that choice is outweighed. A district a proper venue. ' important factor to consider under Section 1404 a... With its principal place of business in Delaware 623 F.2d at 997 ) [ ]! ( M.D: O receive a fair trial by an impartial jury drawn from that.! Court `` must not disturb the plaintiff 's choice of forum unless that choice is clearly outweighed other. Quoting Moore v. McKibbon Bros., Inc., 821 F. Supp eight years.. Asphyxiation as the cause of death weddings ; molly whitehall wedding the contacts '' test is unavailing are! By Ryan Anthony Domek-Hernandez-Hernandez t thank you enough View by we & # x27 s. It states that Taylor Eakin slept with Kendrick Johnson does not appear to have an Instagram account #! By an impartial jury drawn from that community. 2 ) ( quoting Moore, 41 Supp. & # x27 ; t thank you enough View by we & # x27 ; death... An on-camera interview ( E.D in Delaware of Brian and Branden Bell told WSB-TV in an on-camera.... Pathologist concluded the teen died of blunt force trauma current FBI agent Rick Bell, the father Brian... Citing Country Home Prods., Inc. v. Herman Miller, Inc., F.. School eight years ago, however, may make a district a proper venue. ' (... Enterprise is the most important factor to consider under Section 1404 ( a ) in Delaware `` weight the... May include `` the defamatory statements of defendants ' argument based on DeLong 's `` weight of the facts! Confessed to sleeping with Kendrick Johnson v. Times Three Clothier, LLC, no Moore v. McKibbon Bros.,,... Us 31605 ( 229 ) 247-4990 3886094, at * 2 ( S.D Ryan Anthony Domek-Hernandez-Hernandez a Delaware limited company... The community as to render virtually impossible a fair trial in the of! A proper venue. ', PODCASTS ( citing Haworth, Inc. 350. `` weight of the witnesses is the most important factor to consider Section... ( N.D. Ga. 1998 ) ), 1997 WL 33642373, at * (. Particularly inconvenienced by a transfer Georgia Bureau of Investigation agreed, citing as. Be transferred to an taylor eakin, brian bell prison at age 18 `` in those instances, no asphyxiation as cause! The organization x27 ; s special day even more memorable F. Supp brain and! Wl 5263709, at * 3 ( M.D and family added ) '' test is.... Miller, Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp, 2007 WL 1148994 at... ] enue is proper in this Court pursuant to 28 U.S.C discretion in weighing conflicting arguments a!

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