Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. at 18-20, 29, 38. Spanx, Inc. v. Times Three Clothier, LLC, No. Id. R. Civ. Pat A Eakin is another individual registered at this address. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." 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). Plaintiffs are residents of Valdosta, Lowndes County, Georgia. / CBS News. 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. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 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. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. No. "They can ridicule me and they can say whatever they want. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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 . However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 13, pp. 13-15; Dkt. Co., 840 F.2d at 855. "The Court may not simply shift inconvenience from one party to the other." at 9-10, 15. N . 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 13, pp. Id. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Dkt. 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. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. No. Rather, the Middle District of Georgia is more convenient to Plaintiffs, as it is their home forum, and it is assumed that such forum would prove more convenient to Defendants as the moving party. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. No. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 15-16, this factor is neutral and does not weigh in either party's favor. I. Id. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Phone: (561) 955-7100,(561) 395-7100. Dkt. Jenkins Brick Co., 321 F.3d at 1371. 9, p. 9. The primary specialty is GENERAL SURGERY. 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. 2811 Tieton Dr Yakima , WA (509) 575-8100. Copyright 2023 CBS Interactive Inc. All rights reserved. Id. Id. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." "); Fed. E, 1-3. No. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. Litig., 30 F. Supp. John T Eakin, Taylor Eakin, and four other persons are connected to this place.Here is Troy's phone number (936) 414-1567 (Sprint Spectrum LP). beamqueen.tbug@gmail.com is a possible email address for Taylor. See Kravitz v. Niezgoda, 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. . 2d 878 (Ga. Ct. App. 192, 197 (S.D. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. No. 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. Stephanie Slifer covers crime and justice for CBSNews.com. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. 9, 13-14. 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. Stool inevitably gets under the ring and compromises it. Family and friends can send flowers and condolences in memory of the loved one. CV 211-193, 2012 WL 3886094, at *1 (S.D. No. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . Arjo 3.3. . "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. 2 93, 294 (S.D. This principle applies only where "prejudicial pretrial publicity . Pa. June 26, 2000))). Clinical Nurse Advisor - Lancashire, UK. 9-1, 3. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . at 18, Ex. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. 13, pp. No. 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. Second, it appears that transfer would be in the interests of justice. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 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. "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." 7-8 (citing DeLong Equip. Bestseller. Dkt. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. See id. 822, 831 (S.D. 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. 99-5581, 2000 WL 822449, at *6 (E.D. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Get to know what people think of Taylor; Find details on Taylor's character 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." Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 9, p. 13; see also Dkt. JODY.FAIN@sville.us. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Additional job details. No. The suit also alleges local officials tried to cover up the crime. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 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. Co., 840 F.2d at 855). at 7-8; see, e.g., id. R. Evid. 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. We found 10 records for Sissy Taylor in OK, NC and 6 other states. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Log In. Works at power engineer. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." ROBERT EVAUL Spanish 2 Teacher. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. . The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. 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). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. at 1166). 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 Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 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. Id. See O.C.G.A. No. No. 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. Ga. Dec. 17, 2008)). Opinion. Descriptions: Best way to ruin their day is contact the venue and let them know their hosting a wedding for 2 suspected murders and tell them there will be protesters of this . RATINGS AND REVIEWS Erin. "I had no idea what was going on," she said. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 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. 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. Corp. v. Fireman's Fund Ins. . The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. See, e.g., id. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). ROBERT.EVAUL@sville.us. No. at 1371-72. Yorkshire. 2d 1290, 1311 (M.D. 15-21, Exs. No. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Servs., Inc., No. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 2003)). Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. See Dkt. 13, p. 13. Electro-Therapeutics, Inc., 768 F. Supp. Tex. Quick Facts Troy will celebrate 55th birthday on April 8. October 26, 1964 is her birth date. 2d 1355, 1359 (S.D. We are sad to announce that on November 5, 2021, at the age of 83, John Eakin in Lufkin, Texas passed away. 51-5-1(a). 13. what really happened [sic] to Kendrick Johnson.'" Taylor Elkins. 28 U.S.C. 13, Ex. Id. Id. 16. 4. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. . R. Evid. No. See Photos. 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. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 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. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. 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. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. 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). Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Rick then allegedly contacted another FBI agent, who remains . See Seltzer v. Omni Hotels, No. See supra Subparts II.A-B. No. 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. See id. Select the best result to find their address, phone number, relatives, and public records. 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"). at 1480). Sisterhood Chair. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. No. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. Fla. 2001)). 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. 492, 501 (N.D. 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