10-11. 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. They took my phone, iPod, computer, my roommate's . No. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. 12-11-2015. no. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." New patients are welcome. Since these guys were on long missions, flying for hours and hours, they had to go somewhere. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Author: Kayla. Apr. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. at 197). at 1166). See Dkt. The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. Taylor's address history shows three addresses, including locations in Houston, TX and Bell City, MO. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. at 9-10, 15. 13, p. 13. 28 U.S.C. EAKIN: The hospital administration was very intent on breaking up the union. 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. at pp. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. We are sad to announce that on November 5, 2021, at the age of 83, John Eakin in Lufkin, Texas passed away. 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. See 28 U.S.C. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 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. 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. They have also lived in Alexandria, VA. Taylor is related to Bruce Glenn Eakin and Patricia A Eakin as well as 1 additional person. Id. 2015 - 20161 year. Driving Licence. 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. No. CIV.A. 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. See id. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. See Photos. Join for. 6. Our products and services are available in over 50 countries internationally and we have employees in 9 countries with sites and subsidiaries in the UK, Netherlands, France and Japan. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Id. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 2d 467, 470 (E.D. Id. Full-time + 1. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. Funeral services for John Prycer Eakin will be Wednesday, November 10, 2021 at 11:00 am at Taylor Funeral Home in Timpson, Texas followed by a graveside service at Corinth Cemetery. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 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. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 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. 1, 25-26, 28. Taylor also goes by the nickname Eakin K Taylor. 2d 878 (Ga. Ct. App. See . Johnson's family, however, insists there was foul play involved. 2006). See 28 U.S.C. 1, 1. 1404(a). 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. 9, pp. Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . Be first to . 2d at 1357). Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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. Greely v. Lazer Spot, Inc., No. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. matthew.etters@sville.us. at 1479). See England v. ITT Thompson Indus. . / CBS News. $ 5,196 - $ 7,192. No. 20-year-old New York woman killed after going to wrong house, police said, Man returning to prison years after murder conviction was overturned, U.S. arrests 2 over alleged secret Chinese police outpost in New York, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. Taylor Eakin | ACE Certified Personal Trainer Profile Find an ACE Pro ACE Professional Profile Profile Taylor Eakin ATLANTA, GA US 30363 About Ace Certifications Years Certified with Ace 7 Expired Programs and Rates Contact Me Years in the Industry 1 Areas of Focus Contact me for more information about my specialties and areas of interest. JEFFREY L EAKIN (NPI# 1932308822, PAC ID# 0749458552) is a physician enrolled in Centers for Medicare & Medicaid Services (CMS). 5 S 14th Ave Yakima , WA (509) 426-2378. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. See Dkt. 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 pp. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". See id. 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. The suit also alleges local officials tried to cover up the crime. See Dkt. . No. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. 13, p. 12. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Stephanie Slifer covers crime and justice for CBSNews.com. Id. Ramsey, 323 F. Supp. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Get browser notifications for breaking news, live events, and exclusive reporting. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. October 26, 1964 is her birth date. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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"). As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." A (copy of one such article). or. Id. Autopsies 8. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 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. Sept. 30, 2010). Help make Taylor Eakin & Brian Bell's special day even more memorable. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 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." See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. Opinion. Fed. 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. 2d 397, 404 (S.D.N.Y. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. (quoting In re Nematron Corp. Sec. Bestseller. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. . 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. First and foremost, we agree wholeheartedly with your position that the best learning takes place in-person,. Now, it seems government agents may be investigating the Johnsons' allegations. R. Evid. Dkt. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 13, pp. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. 1981)). The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. Dkt. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. no. Id. at 32, 40. Id. 4-10. 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."). Dkt. 9, p. 13; Dkt. 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. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. [ ]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." The NPI number of James Eakin is 1023688769 and was assigned on June 2021. E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. Other sources of proof may include "the possibility of a jury view [of relevant premises]." No. August 25, 2015 / 2:10 PM 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. Dkt. 0 Review . 18 . MATT GAFFORD Dual Credit / MAPS / Credit Recovery. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. 51-5-4. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). See Buckley v. Robertson, No. Jenkins Brick Co., 321 F.3d at 1371. 13, pp. Ga. 1995). 13. Co., 844 F. Supp. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. ; 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. RATINGS AND REVIEWS. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. School of Nursing Contact Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. 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. 51-5-1(a). See Dkt. 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." 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). (second alteration in original) (citations omitted) (quoting Neb. 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." Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 13, pp. The Bells and Eakin #KendrickJohnson. Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. Yorkshire. 16. Morgan v. N. MS Med. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. See Pergo, Inc. v. Shaw Indus., Inc., No. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. No. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. JODY.FAIN@sville.us. 09 Civ. 976, 979 (N.D. Ala. 1984)). 406 S 30th Ave Ste 101 Yakima , WA (509) 248-7715. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. Rick then allegedly contacted another FBI agent, who remains . Dkt. The most common diseases leading to the formation of a stoma are bowel or bladder cancer, inflammatory bowel disease and diverticulitis; stomas are also formed as a . Dkt. Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. See id. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. As a result, only Section 1391(b)(2) remains at issue. 9, 13-14. Ctr., Inc., 403 F. Supp. See Photos. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. Id. See Kravitz v. Niezgoda, No. No. No. 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. 28 U.S.C. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 2d 1355, 1359 (S.D. . Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Sisterhood Chair. Dkt. Id. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. 2d at 822. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Facebook gives people the power to. No. Id. 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. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. "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. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. B. 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). See Seltzer v. Omni Hotels, No. Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. 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. 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." Pa. June 26, 2000))). Id. This principle applies only where "prejudicial pretrial publicity . 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"). We've grown significantly in recent years . 13, pp. See Dkt. "); see, e.g., Anderson v. Dallas Cty., No. 10-11. Moreover, Plaintiffs lived in Valdosta when these events took place. Co., 840 F.2d at 855. 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. 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. $ 549 - $ 3,448. Transaction Network v. Katz, 734 F. Supp. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." at 1480). 15-21, Exs. No. at 16. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." Featured Results. 1391(b)(2). 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). 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. See Dkt. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. About SHERRIE TILLEY EAKIN MSN, FNP-C. Sherrie Eakin is a provider established in Lake Charles, Louisiana and her medical specialization is Nurse Practitioner with a focus in family with more than 11 years of experience. 14, p. 9. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. . N Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. Courts also consider "the inherent interest . A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. Profile. at pp. Top 3 Results for Taylor Eakin. Arjo 3.3. . The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of 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. $ 7,194 - $ 9,988. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. 13, p. 11. No. 15-21. See Dkt. at 1371. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Stanley L Benjamin, Erin Eakin, and two other persons are connected to this place.Yvonne's phone numbers are (386) 860-4631 (Bellsouth Telecommunications, LLC), (407) 374-2965 (Level 3 Communications, LLCBellsouth Telecommunications, LLC). Lowest rating: 2. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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