--------. Ala. Apr. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. 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 . 0:04. Join Facebook to connect with Taylor Eakin and others you may know. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Both brothers confessed numerous times to the murder. 9, pp. 13, pp. no. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. 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. 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." Id. 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. 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 . 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. No. 4. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. at 14-15. No. 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. 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. Log In. 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. No. Corp., 844 F. Supp. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." . 1391(b)(2). No. 1, 1. Jenkins Brick Co., 321 F.3d at 1371. 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. Ga. Dec. 17, 2008)). On March 30, 2015, Plaintiffs, on behalf of their daughter, Taylor Eakin, filed suit against Defendants in this Court on the basis of diversity, claiming libel and slander in violation of Georgia state law. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 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. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. U.S. 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. 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. 1981)). at 4. 9-1, 3. 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, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Id. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. School of Nursing Contact Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. Id. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. 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. Id. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. 1, 7, 16, 18; Dkt. 1994)). Find Providers by Specialty Find Providers by Procedure . 1, 25-26, 28. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Ms. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. beamqueen.tbug@gmail.com is a possible email address for Taylor. No. 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. 99-5581, 2000 WL 822449, at *6 (E.D. Id. at 197). 13, p. 12. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." . 2d 878 (Ga. Ct. App. Sign Up. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. 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 Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 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. No charges have been filed in the case. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". 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 Dkt. Copyright 2023 CBS Interactive Inc. All rights reserved. 7-8 (citing DeLong Equip. R. Civ. Indio Metal 6-Piece Sectional. 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. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". See Dkt. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. 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. 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. No. SO ORDERED, this 11TH day of December, 2015. ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. Co., 840 F.2d at 855. 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. 822, 831 (S.D. 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. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. [ ]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." 18 . Corp. v. Fireman's Fund Ins. . Pat A Eakin is another individual registered at this address. 1994)). Clinical Nurse Advisor - Lancashire, UK. . Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. at 7, 16, Exs. of Georgia." N 1391(b)(2) (emphasis added). Plaintiffs allege that the details in the KJ articles, as well as the public reports of the Lowndes County Sheriff's Office interviews, were sufficient to reveal their daughter's identity. Rick then allegedly contacted another FBI agent, who remains . See Dkt. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). See Dkt. 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. No. Publish: 23 days ago. "); see, e.g., Anderson v. Dallas Cty., No. Co., 840 F.2d at 855). View the profiles of people named Taylor Eakin. 13, pp. See id. in which the claim arose." Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. Banking, Inc. v. Corp. Colocation, Inc., No. Monday to Friday. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 1404(a)). In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. AGSouth Genetics LLC v. Terrell Peanut Co., No. See Dkt. 28 U.S.C. See 28 U.S.C. R. Evid. Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. See England v. ITT Thompson Indus. James Eakin is a nurse practitioner in Yakima, WA. See Dkt. 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). See Dkt. Taylor Elkins. 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." 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). JODY FAIN Health Science Teacher. Jiri Hudler remains. The NPI number of James Eakin is 1023688769 and was assigned on June 2021. They took my phone, iPod, computer, my roommate's . "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." Litig., 30 F. Supp. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Pa. June 26, 2000))). 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. See id. See Fed. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 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