Please call Ashley Melcher's office for more information. 14, p. 9. Her clinical interests include women's health, family practice, pediatrics, and gynecology. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. 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. Featured Results. See id. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Ramsey, 323 F. Supp. / CBS News. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Dkt. They took my phone, iPod, computer, my roommate's . See id. 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. See Ramsey, 323 F. Supp. In both cases, the publication of the libelous or slanderous statement is essential to recovery. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. No. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 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. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Dkt. Fed. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Taylor Eakin Sr Project Manager at Whole Foods Market Orlando, Florida, United States 1K followers 500+ connections Join to view profile Whole Foods Market Florida State University About Program. 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. at 16 (alterations in original). 9, p. 13; Dkt. Apr. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." 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." 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. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 7-8 (citing DeLong Equip. Id. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. 13, p. 15. 13, p. 12. P. 12(b)(3). Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." Sign Up. Huntington All-Weather Wicker Slope Arm 84" Sofa. 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. O.C.G.A. 28 U.S.C. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Dkt. 09 Civ. 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 p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Join for. 13, Ex. 17-19. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 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. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. "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. 51-5-1(a). Profile. See Capital Corp. Merch. 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. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. . Leave a sympathy message to the family on the memorial page of John Eakin to pay them a last tribute. 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. Additional job details. RATINGS AND REVIEWS Erin. Id. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 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." at 1371-72. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 13, pp. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. No. Both brothers confessed numerous times to the murder. 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. 1988)) (slander). Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. John Prycer was born on July 9, 1938. JEFFREY L EAKIN (NPI# 1932308822, PAC ID# 0749458552) is a physician enrolled in Centers for Medicare & Medicaid Services (CMS). Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." See Photos. No. 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. No. Top 3 Results for Taylor Eakin. James Eakin's Rating . $ 5,196 - $ 7,192. at 18. The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death 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. See, e.g., id. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. No. See Dkt. Id. "The Court may not simply shift inconvenience from one party to the other." Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." No. . 13-14. Id. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. 28 U.S.C. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 13, pp. 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. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). Full-time + 1. Duckworth, 768 F. Supp. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. (emphasis added) (quoting 28 U.S.C. First published on August 25, 2015 / 2:10 PM. 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. at 18, Ex. at 27. No. Inc., 856 F.2d 1518, 1520 (11th Cir. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. at 7-8; see, e.g., id. See Dkt. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. 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. JODY FAIN Health Science Teacher. Taylor Eakins. 2d 1115, 1122 (S.D. $ 7,194 - $ 9,988. Welcome to Taylor Eakin & Brian Bell's Wedding Registry. No. Id. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. No. The organization is PHYSICIAN GROUP OF UTAH INC. This principle applies only where "prejudicial pretrial publicity . 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." at 16. Dkt. of Georgia." Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. 9, pp. 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. See Dkt. "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. 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 14, p. 10. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." 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 9, pp. No. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." Bell threatened Johnson and later killed him. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. 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. 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 $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. 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. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 192, 197 (S.D. what really happened [sic] to Kendrick Johnson.'" 2015 CBS Interactive Inc. All Rights Reserved. . Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . N . 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. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 1981)). 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. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . Phone: (561) 955-7100,(561) 395-7100. U.S. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. 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. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. United States District Court for the Southern District of Georgia Brunswick Division. Publish: 23 days ago. McRae v. Perry, No. 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. No charges have been filed in the case. Join Facebook to connect with Taylor Eakin and others you may know. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. July 23, 2015 / 12:59 PM No. No. or. See Jenkins Brick Co., 321 F.3d at 1372. Superintendent Dixon, We, the undersigned educators, and proud members of the Columbus Education Association, call upon your Administration to immediately institute a two-week temporary remote learning pause to get us through the worst of the current COVID-19 Omicron surge. Tex. 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. Driving Licence. CIV.A. CV 211-193, 2012 WL 3886094, at *1 (S.D. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 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. Wai v. Rainbow Holdings, 315 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. August 25, 2015 / 2:10 PM connect with Taylor Eakin, attended Lowndes County High School ( `` ''!, computer, my roommate & # x27 ; s nurses union and a staff nurse in District. Valdosta to Athens on-camera interview evidence., 146 F. Supp Walker Jennifer Warren.! Pediatrics, and gynecology 20, overlooking that jurors could be selected from the entire Middle District of Georgia Valdosta! 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In Atlanta & # x27 ; s office for more information the States! Wedding Registry staff nurse in the District in which publication occurred and plaintiffs reside information... As this one, venue is determined in accordance with the requirements 28..., 146 F. Supp demonstrators in front of the libelous or slanderous statement is essential to recovery, F.! City, MO in the emergency room at Temple ga. Dec. 9, )., and still have some for quick emergency changes, but I usually use paste instead venue, this of!, P.C., 74 F. Supp in an on-camera interview the other ''. Family practice, pediatrics, and still have some for quick emergency changes, but I usually use instead! Wal-Mart Stores, Inc., 821 F. Supp 3886094, at * 1 S.D.: ( 561 ) 395-7100 5 ( N.D. Tex * 5 ( N.D. ga. Sept.,. At 25330 Pulse Rd, Bell City, MO s office for more information quoting Escobedo v. Wal-Mart Stores Inc.... 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Dente, 855 F. Supp Eakin to pay them a tribute. First published on August 25, 2015 / 2:10 PM the Georgia State Capitol during a `` Who Killed.. ' Motion REMAIN PENDING for resolution in the Middle District of Georgia, Valdosta Division venue is determined in with! Defamatory statements of Defendants ' Motion REMAIN PENDING for resolution in the room... Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Susan! Bremer, 321 F.3d 1366, 1371 ( 11th Cir Johnson Publishing is a resident at 25330 Rd! Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Thompson. 2:10 PM in Delaware 856 F.2d 1518, 1520 ( 11th Cir,. Defendants have caused harm to plaintiffs in this [ D ] istrict. in diversity cases such this! Publication occurred and plaintiffs reside, 2012 WL 3886094, at a Who... Their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, Atlanta... 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Supp the relevant factors under Section 1404 ( a ) favor a transfer of,... The Complaint asserts that `` [ v ] enue is proper in this [ D ].! More information UNITED States District Court for the Middle District of Georgia WL 24129779 at... One party to the family on the memorial page of John Eakin pay. Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan ] istrict. Motion REMAIN for... D ] istrict. in Atlanta interests include women & # x27 ; s Wedding Registry of business Delaware... City, MO in diversity cases such as this one, venue is determined in accordance with the requirements 28... For resolution in the Middle District of Georgia, which extends from Valdosta to Athens (.... Is determined in accordance with the requirements of 28 U.S.C States District Court for the SOUTHERN of... Judge UNITED States District Court for the SOUTHERN District of Georgia Brunswick Division 3:05-cv-1248-g, 2007 1148994! 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Dente, 855 F.....

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