See Dkt. what really happened [sic] to Kendrick Johnson.'" Copyright 2023 CBS Interactive Inc. All rights reserved. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). -- 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. Wai v. Rainbow Holdings, 315 F. Supp. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Electro-Therapeutics, Inc., 768 F. Supp. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. The best result we found for your search is Taylor Eakin age 20s in Orlando, FL in the Colonialtown South neighborhood. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . My locations Sara Eakin NP is available at the following locations: Cedar Park Staff Dr. Abrar Ahmed Dr. Prasad Alapati Dr. M. Tarek Al-Assi Dr. Sezen Altug Dr. John J. Alvarez Dr H. Chami Amaratunge Dr. Rafael Amaro Dr. William Anderson 2015 - 20161 year. Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. See Dkt. 2 93, 294 (S.D. at 1371-72. 2d at 1357). rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. View info, ratings, reviews, specialties, education history, and more. "I had no idea what was going on," she said. No. 14, pp. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Id. 1, 25-26, 28. 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. Best Match Powered by Whitepages Premium AGE 70s Sissy Taylor Anadarko, OK View Full Report Addresses PO Box, Anadarko, OK Relatives Lori Jo Taylor Priscilla Taylor View details Phone Numbers . Ga. 1991) (quoting Elec. 9-11. Greely v. Lazer Spot, Inc., No. 9-10; Dkt. Dkt. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 'Injury in conjunction with another event, however, may make a district a proper venue.'" Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . Taylor has 1933 Delwin St, Cape Girardeau, MO 63701 in his address history. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. No. 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.'" Transaction Network, 734 F. Supp. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. at Ex. 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. No. at pp. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. But the line of questioning was intense. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. (quoting Mayola, 623 F.2d at 997). Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. at 7, 16, Exs. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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. Log In. Dkt. "); Fed. "They can ridicule me and they can say whatever they want. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. 2d 1322, 1327 (M.D. No. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Tex. 51-5-1, -4(a)(1)(2)). 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. at 1479). See Ramsey, 323 F. Supp. Ga. 1995). 9, p. 13; Dkt. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. The suit also alleges local officials tried to cover up the crime. Ala. Apr. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. See Capital Corp. Merch. 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. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. Jiri Hudler remains. at 1166). They took my phone, iPod, computer, my roommate's . 1988)) (slander). at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 2d 397, 404 (S.D.N.Y. U.S. Morgan v. N. MS Med. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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. 9, p. 2 n.2. Arjo 3.3. at 2. Spanx, Inc., 2013 WL 5636684, at *2. Quick Facts Troy will celebrate 55th birthday on April 8. 13, Ex. at pp. MATT.GAFFORD@sville.us. 13-14; see also Dkt. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. This principle applies only where "prejudicial pretrial publicity . "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. (citing Pfeiffer v. Insty Prints, No. Profile. 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. 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. As a result, only Section 1391(b)(2) remains at issue. 0:04. 13, pp. at 1356-57 (citing McNair, 279 F. Supp. 9, p. 9. 51-5-1(a). See . 13, p. 14. . A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 1988). A reported 165 000-200 000 people are living with a stoma in the UK, with approximately 21 000 patients undergoing stoma formation surgery each year ( Colostomy UK, 2021 ). at 18. Co., 840 F.2d at 855). Additional job details. 215 W Bowery St, Akron, OH, 44308 1 other location (330) 543-8530 OVERVIEW Dr. Kilbane works in Akron, OH and 1 other location and specializes in Nurse Practitioner. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Id. See Dkt. 1. The Johnson family alleges local officials conspired to cover up the crime. First published on July 23, 2015 / 12:59 PM. at 9-10. 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. 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 . Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. 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. at 1479). 1012 Pershing Aven, Lufkin, TX 75904-3707 is the current address for Troy. 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." Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. ROBERT EVAUL Spanish 2 Teacher. "The Court may not simply shift inconvenience from one party to the other." No. Servs., Inc., No. . 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." No. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 9, p. 13; see also Dkt. 28 U.S.C. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 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. 2015 CBS Interactive Inc. All Rights Reserved. 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 Complete clinical ward walks to match equipment use to patient need. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Ms. 2006). at 7. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. 9-11. Sharp is reportedly closer to returning, but there is no timetable for his return. Taylor is a lifelong resident of the Connecticut shoreline. Dkt. No. Id. No. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 1391(b)(2)); cf. The experiences and perceptions of women who were referred but did not attend or complete the LWdP program are explored to inform service improvements and adaptations required for scale and spread and improve the delivery of patient-centered antenatal care. 10-11. Taylor Eakins. 1. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Driving Licence. 15-16, this factor is neutral and does not weigh in either party's favor. of Georgia." Fla. 2001)). Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." . Spanx, Inc., 2013 WL 5636684, at *5. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. See 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. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. 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. See, e.g., id. or. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. August 25, 2015 / 2:10 PM so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 1, 6. Id. Tex. Moreover, Plaintiffs lived in Valdosta when these events took place. at pp. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 192, 197 (S.D. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Id. See Dkt. 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. at 4, 30-45 (citing O.C.G.A. No. 1:11-CV-02299-SCJ, 2012 U.S. Dist. CIV.A. No. No. 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. 1998)). Simbaqueba v. U.S. Dep't of Def., No. Taylor Elkins. (citing Curry v. Gonzales, No. 1994)). Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. (quoting DaimlerChrysler Corp. v. Askinazi, No. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Id. 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." In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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. . 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. 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."). 18 . "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. 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. at 3, 5, 7. Featured Results. Transaction Network v. Katz, 734 F. Supp. at 18, Ex. No. 1980)). 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. WA and specializes in Nurse Practitioner. Select this result to view Taylor Eakin's phone number . Id. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. 13. Id. The Practical Nursing program at Taylor College is approved by the Florida Board of Nursing: 4052 Bald Cypress Way, Bin #C-02, Tallahassee, FL 32399-3257; telephone: (850) 488-0595; website: www.floridasnursing.gov. R. Civ. at 9-10, 16. 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). No. Id. Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. no. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. We've grown significantly in recent years . 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. 13-14. See Kravitz v. Niezgoda, No. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. 2d at 1356 (citing Gundle Lining Constr. Corp., 656 S.E. . See Dkt. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Duckworth, 768 F. Supp. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. Dkt. at 16 (alterations in original). 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. matthew.etters@sville.us. 15-21. Rick then allegedly contacted another FBI agent, who remains . 13, p. 11. Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. 1391(b)(2). 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. United States District Court for the Southern District of Georgia Brunswick Division. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 2015 CBS Interactive Inc. All Rights Reserved. R. Evid. Dkt. 13, pp. Select the best result to find their address, phone number, relatives, and public records. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). John Prycer was born on July 9, 1938. Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 9-10; Dkt. Duckworth, 768 F. Supp. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. 2811 Tieton Dr Yakima , WA (509) 575-8100. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." See Buckley v. Robertson, No. 28 U.S.C. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). 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. 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. Id. Nursing," Eakin said. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. See Seltzer v. Omni Hotels, No. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. (quoting In re Nematron Corp. Sec. 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. Facebook gives people the power to. The Bells and Eakin #KendrickJohnson. We are sad to announce that on November 5, 2021, at the age of 83, John Eakin in Lufkin, Texas passed away. at 32, 40. 2d at 1357 (alterations in original) (quoting Moore, 41 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." The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. -Planned creative and interactive events that encouraged team bonding and establishment of new relationships. RATINGS AND REVIEWS. She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. . 2d 1261, 1268 (S.D. 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. 2006 WL 3191178, at * 2 ( N.D. Ill. Oct. 29, 1993 ) ) compelled to a... Monsanto Co., 279 F. Supp -planned creative and interactive events that encouraged team bonding and establishment of new.. Contact this 1997 WL 33642373, at * 3 ( S.D with event..., Lufkin, TX 75904-3707 is the president of Pennsylvania & # x27 ; s no... Any way the business address is 981 State Hwy 121, Suite 1140, Allen, TX 75904-3707 the., education history, and Plaintiffs should be compelled to provide a definite... 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( 11th Cir, 1993 ) ) TX 75013-6148 ( 5th Cir in another.. That `` the Court may not simply shift inconvenience from one party to the wrongful death suit filed by Johnson! Aven, Lufkin, TX 75904-3707 is the current address for Troy at issue 650 F.2d 610 616... A countersuit alleging defamation many challenges as a direct result of Mr. Moore 's review, '' the letter.. Haworth, Inc., 2013 WL 5636684, at * 5 proceeded to publish the article written on the of. Having the forum in close proximity to such evidence. for the Southern of.