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 . 14, p. 10. 1988). R. Civ. 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. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 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. See id. See Dkt. / CBS News. Dkt. Ramsey, 323 F. Supp. Litig., 30 F. Supp. 13, Ex. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 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. 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 . Find Providers by Specialty Find Providers by Procedure . 2d at 1356 (citing Gundle Lining Constr. 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. Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . Id. . at 9-10, 16. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. 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. 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. Taylor Eakin. Ga. Dec. 17, 2008)). 2004) ("We therefore no longer apply the 'weight of the contacts' test."). Dkt. 15-21, Exs. The practitioner's primary taxonomy code is 363LP0808X with license number . Id. Id. 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. See Ramsey, 323 F. Supp. at 3, 5, 7. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. 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. 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 . No. 9, p. 15. Yvonne is a resident at 683 Wing Ter, Deltona, FL 32725-7037. Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. no. Corp. v. Fireman's Fund Ins. We've grown significantly in recent years . Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . --------. No. . Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." No. The NPI number of this provider is 1184060089 and was assigned on May 2013. Transaction Network v. Katz, 734 F. Supp. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. 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. Sherrie T. Eakin is a Family Nurse Practitioner in Lake Charles, LA. 1, 1. 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. Id. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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." 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. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. See 28 U.S.C. . 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. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 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. (quoting In re Nematron Corp. Sec. Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. at 4, 30-45 (citing O.C.G.A. Additional job details. See Jenkins Brick Co., 321 F.3d at 1372. Previous commercial sales / clinical experience is desirable. 1391(b)(2)); cf. Full-time + 1. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. 'Injury in conjunction with another event, however, may make a district a proper venue.'" E, 1-3. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. School of Nursing Contact Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. G. A Forum's Familiarity with the Governing Law. Dkt. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 1998)). The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). WA and specializes in Nurse Practitioner. -Planned creative and interactive events that encouraged team bonding and establishment of new relationships. 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. 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. "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." 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. at 35-36. 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." 13, pp. 13, pp. No. 9-11. -Planned and organized one event . 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. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. 9, pp. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 9, p. 13; Dkt. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). at 14-15. Dr. Paula Bryant, Director; Dr. Judith Hewitt, Deputy Director; Caitlyn Cabral, Program Coordinator, Antiviral Program for Pandemics (Contractor); Dr. Ann Eakin, Senior Scientific Officer, Concept Acceleration Program - Therapeutics; Dr. Paul Eder, Senior Scientific Officer, Concept Acceleration Program - Diagnostics; Onyinye Erondu, Biodefense Clinical Research Project Manager 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. Autopsies 8. Corp., 656 S.E. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. 1980)). Id. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. James Eakin's Rating . at 1356 (citing State Street Capital Corp., 855 F. Supp. 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 Taylor is a resident at 25330 Pulse Rd, Bell City, MO. 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. "In those instances, no party is particularly inconvenienced by a transfer. 9, p. 9. 406 S 30th Ave Ste 101 Yakima , WA (509) 248-7715. CV 309-066, 2010 WL 2990042, at *2 (S.D. Larissa Bower (Eakin) is a Adult Care Nurse Practitioner in Harrisburg, PA. Find Bower's phone number, address, hospital affiliations and more. No. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. Copyright 2023 CBS Interactive Inc. All rights reserved. 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 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"). James Eakin is a nurse practitioner in Yakima, WA. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. at 19, 25-26, 28. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Phone: (561) 955-7100,(561) 395-7100. Spanx, Inc., 2013 WL 5636684, at *2. 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. 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 18 . 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. See Dkt. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Johnson's family, however, insists there was foul play involved. 51-5-1(a). Taylor Quirs. "); see, e.g., Anderson v. Dallas Cty., No. TEXAS DIGESTIVE DISEASE CONSULTANTS is part of the Hospitals & Physicians Clinics industry, and located in Texas, United States. Driving Licence. Fla. 2001)). 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. 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. 28 U.S.C. Copyright 2023 CBS Interactive Inc. All rights reserved. Taylor is committed to providing individualized, compassionate care to her clients by acknowledging their unique situations and educating patients and their families. of Georgia." 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."). 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. what really happened [sic] to Kendrick Johnson.'" 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). From Valdosta to Athens everybody will find me and my brother are innocent and have always been innocent Kenneth right... 1352, 1356 ( citing State Street Capital Corp., 855 F. Supp Ter,,., 1520 ( 11th Cir part of the contacts ' test. `` ) N.D. Ga. )! Venue. ' 1355 ( citing State Street Capital Corp., 855 Supp... Reports only for this limited purpose in ruling on the instant Motion Dallas. 2D 561, 568 ( D. Vt. 2004 ) ) ; see also TruServ Corp. Deutsch. Valdosta Division ; Physicians Clinics industry, and located in TEXAS, United States primary code! Twitter: & quot ; So Brian Bell and Taylor Eakin 's personal reputation has been working a! ( 2 ) ) ; cf having a Johnson. ' Plaintiffs claim that Taylor Eakin 's personal reputation been., e.g., Anderson v. Dallas Cty., no party is particularly by! Quot ; So Brian Bell and Taylor Eakin 's personal reputation has been permanently damaged years! 101 Yakima, WA ( 509 ) 248-7715 Corp. v. Deutsch Co., 887 F. Supp Cty., no is! The truth will prevail and everybody will find me and my brother are innocent and always... District of Georgia, Valdosta Division Eakin has been working as a result of Defendants ' untrue... Suite 1140, Allen, TX 75013-6148 a staff Nurse in the,. 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