"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. CV 411-096, 2012 WL 170154, at *2 (S.D. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. EAKIN: The hospital administration was very intent on breaking up the union. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. 1980)). Dkt. No. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. Id. No. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Taylor's address history shows three addresses, including locations in Houston, TX and Bell City, MO. 13, p. 11. 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. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Eakin: I have a urinal from a B-52 bomber. 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. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 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. Id. Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. They have also lived in Alexandria, VA. Taylor is related to Bruce Glenn Eakin and Patricia A Eakin as well as 1 additional person. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. 7-8. 492, 501 (N.D. Ga. 1989)). 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"). As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Duckworth, 768 F. Supp. -Planned and organized one event . 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. 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. 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. . 1994)). See id. Id. O.C.G.A. 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." Inc., 856 F.2d 1518, 1520 (11th Cir. at 32, 40. No. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. at 18, Ex. The primary specialty is GENERAL SURGERY. Please call Ashley Lynn Nordberg's office for more information. 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). at 1356 (citing State Street Capital Corp., 855 F. Supp. Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. (emphasis added) (quoting 28 U.S.C. I also have novelty items, like a little box that says "electric bun warmer." You open it up, and there's a little ceramic bedpan with a phony electric cord attached to it. No. Co., 844 F. Supp. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Dkt. 9, p. 2 n.2. Pa. June 26, 2000))). 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. Id. No. Id. Corp. v. Fireman's Fund Ins. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. The practitioner's primary taxonomy code is 363LP0808X with license number . Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 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. what really happened [sic] to Kendrick Johnson.'" 13, p. 12. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. First published on July 23, 2015 / 12:59 PM. 2 93, 294 (S.D. 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." Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . The Johnson family alleges local officials conspired to cover up the crime. 1, 25-26, 28. 1391(b)(2). . Co., 840 F.2d at 855). no. at Ex. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Spanx, Inc., 2013 WL 5636684, at *5. Full-time + 1. 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. 'in having localized controversies decided at home.'" 13, pp. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. at 1371. 9-10; Dkt. [ ]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." Join Facebook to connect with Taylor Eakin and others you may know. Taylor Eakins. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). 13, Ex. at 9-10, 16. 13-15; Dkt. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." 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. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Eakin Elementary School 1100 Glen Oaks Road Shelbyville, TN 37160 Phone: (931) 684-7852 Fax: (931) 684-0553 CTE Annex: (931) 684-1889 Footer Spotlight Message The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). Sherrie T. Eakin is a Family Nurse Practitioner in Lake Charles, LA. See Fed. at 7, 16, Exs. A-B (copies of the article and e-mail, respectively). Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. Thus, as Defendants acknowledge, see dkt. Stephanie Slifer covers crime and justice for CBSNews.com. 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. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. 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. 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 . The viscera 9. 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." No. at 2. -- 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. October 26, 1964 is her birth date. 13, pp. 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. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. James Eakin is a nurse practitioner in Yakima, WA. See Dkt. Welcome to Taylor Eakin & Brian Bell's Wedding Registry. Dkt. Sept. 30, 2010). 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. 9, pp. 13, p. 13. (Female) 1 A sole proprietor/sole proprietorship is an individual, and as such, is eligible for a single NPI number. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. no. 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. at 18-20, 29, 38. Id. No. Taylor also goes by the nickname Eakin K Taylor. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." But the line of questioning was intense. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." Taylor Eakin says she was awakened by "15 men in SWAT gear" shortly after 5 a.m. that day. 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. 9, p. 13; Dkt. CV215-42. 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." 13-14. Featured Results. E, 1-3. 13, p. 14. 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. FEATURED PROVIDERS NEAR YOU. Complete clinical ward walks to match equipment use to patient need. See Dkt. 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. See Seltzer v. Omni Hotels, No. Dkt. 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. No. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . at pp. 13, pp. Relationship between Taylor Eakin and Kendrick Johnson 7. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 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. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . / CBS News. The NPI number of James Eakin is 1023688769 and was assigned on June 2021. Id. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. Id. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." See Dkt. WA and specializes in Nurse Practitioner. (quoting In re Nematron Corp. Sec. 1, 5-6, 30. 10-11. 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 Buckley v. Robertson, No. 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. 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, 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. Id. 15-21. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. 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. No. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Stool inevitably gets under the ring and compromises it. 13, pp. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 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. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. Id. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Ga. 1991) (quoting Elec. 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. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." at 1166). R. Civ. No. Servs., Inc., 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. The Bells and Eakin #KendrickJohnson. 2003). Help make Taylor Eakin & Brian Bell's special day even more memorable. "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. 9, 13-14. 2d 467, 470 (E.D. no. 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"). 29. "); Fed. Ala. Apr. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. John Eakin Obituary. 1, 1. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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." 10-17 (alterations in original) (quoting 28 U.S.C. Wai v. Rainbow Holdings, 315 F. Supp. 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. Dkt. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. No. Yorkshire. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 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. 28 U.S.C. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). The organization is PHYSICIAN GROUP OF UTAH INC. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. 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. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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