Featured Results. First published on August 25, 2015 / 2:10 PM. Id. While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. 13, pp. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. Nurse Practitioner Sara Eakin is a nurse practitioner with Texas Digestive Disease Consultants. Stephanie Slifer covers crime and justice for CBSNews.com. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. R. Civ. 1981)). No. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. Thus, as Defendants acknowledge, see dkt. 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"). LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See id. No. at 1356-57 (citing McNair, 279 F. Supp. 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. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 17-19. 1391(b) (1976) (amended 1990)). 13, pp. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Defendants object to the attached affidavit on relevance and hearsay grounds. at pp. CIV.A. 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." As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Bestseller. 9, pp. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Fla. 2010)). Funeral services for John Prycer Eakin will be Wednesday, November 10, 2021 at 11:00 am at Taylor Funeral Home in Timpson, Texas followed by a graveside service at Corinth Cemetery. no. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. Ctr., Inc., 403 F. Supp. Lowest rating: 2. 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. 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. Arjo 3.3. (quoting Mayola, 623 F.2d at 997). The viscera 9. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. No. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 9, pp. $ 549 - $ 3,448. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Jiri Hudler remains. See Photos. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Greely v. Lazer Spot, Inc., No. 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. Stephanie Slifer covers crime and justice for CBSNews.com. 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. 1404(a)). October 26, 1964 is her birth date. -Planned and organized one event . Dkt. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). July 23, 2015 / 12:59 PM 2d at 1356 (citing Gundle Lining Constr. R. Civ. 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. See Photos. John Eakin Obituary. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. No. 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. 15-21. 1. United States District Court for the Southern District of Georgia Brunswick Division. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Taylor Elkins. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. No. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. RATINGS AND REVIEWS. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 13, p. 12. 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." 7-8. -- 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. 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. 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. The organization is PHYSICIAN GROUP OF UTAH INC. Taylor is a lifelong resident of the Connecticut shoreline. 9-11. 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 . Wai v. Rainbow Holdings, 315 F. Supp. Opinion. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. . N No. 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. Observations upon finding the body Conspiracy - Coverup 'Any person who looks at this case objectively would know that it would be impossible to conceal any evidence due to the involvement of so many agencies and investigators. See 28 U.S.C. $ 7,194 - $ 9,988. See Dkt. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. . However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Id. 2015 CBS Interactive Inc. All Rights Reserved. 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 ). 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 4. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. 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. 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. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. WA and specializes in Nurse Practitioner. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". of Georgia." so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Corp., 844 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. Make your practice more effective and efficient with Casetexts legal research suite. CV 211-193, 2012 WL 3886094, at *1 (S.D. See 28 U.S.C. Find Eakin's phone number, address, hospital affiliations and more. at 4, 30-45 (citing O.C.G.A. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. Find your friends on Facebook. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. The Johnson family alleges local officials conspired to cover up the crime. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. Log in or sign up for Facebook to connect with friends, family and people you know. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Family and friends can send flowers and condolences in memory of the loved one. See Pergo, Inc. v. Shaw Indus., Inc., 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." 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. Ga. May 28, 2010). Co., 840 F.2d at 855. 1404(a). at 19, 25-26, 28. This principle applies only where "prejudicial pretrial publicity . . As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 1994)). Additional job details. (Female) 1 A sole proprietor/sole proprietorship is an individual, and as such, is eligible for a single NPI number. Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 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. Morgan v. N. MS Med. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 15-21, Exs. (quoting DaimlerChrysler Corp. v. Askinazi, No. McRae v. Perry, No. R. Evid. 10-11. James Eakin is a nurse practitioner in Yakima, WA. 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. Transaction Network, 734 F. Supp. See Dkt. Id. 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. The NPI number of this provider is 1184060089 and was assigned on May 2013. JODY FAIN Health Science Teacher. 2003)). Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." Id. Log In. 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. 2015 - 20161 year. See Photos. including Medicare and Medicaid. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. or. See Capital Corp. Merch. 2d at 1356 (citing Gundle Lining Constr. Id. Her clinical interests include women's health, family practice, pediatrics, and gynecology. CIV.A. Torrey All-Weather Wicker 4-Piece Square Arm Wedge Corner Sectional. 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. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 9-11. 13, pp. no. 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. . No. at 1479). 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. Both brothers confessed numerous times to the murder. Complete clinical ward walks to match equipment use to patient need. Id. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 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. Find Providers by Specialty Find Providers by Procedure . Russian court rejects appeal by U.S. reporter held on spying charges, High-stakes showdown between Dominion and Fox News set to begin in Delaware court, Russia says Putin has paid another visit to occupied ground in Ukraine, U.S. diplomatic convoy fired on in Sudan as intense fighting continues, Charges filed against homeowner in shooting of Black teen, Mexico president slams U.S. "spying" after 28 cartel members charged, Oklahoma officials accused of speaking of killing journalists, using racist language, Renowned climber Noel Hanna dies on Nepal's treacherous Annapurna, U.S. border officials records 25% jump in migrant crossings in March. 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. 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. at pp. Leave a sympathy message to the family on the memorial page of John Eakin to pay them a last tribute. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. Phone: (561) 955-7100,(561) 395-7100. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. See Dkt. Bell threatened Johnson and later killed him. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. Spanx, Inc., 2013 WL 5636684, at *5. Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. 'in having localized controversies decided at home.'" 1391(b)(2). 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. 1994)). See, e.g., id. 1012 Pershing Aven, Lufkin, TX 75904-3707 is the current address for Troy. Sharp is reportedly closer to returning, but there is no timetable for his return. See Photos. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 822, 831 (S.D. 51-5-1, -4(a)(1)(2)). The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. "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. Convenience of the witnesses is the most important factor to consider under Section 1404(a). 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 13, p. 15. Id. 1981)). 9-11. 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. Id. N . Johnson's family, however, insists there was foul play involved. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." @taylor.eakins.9. at 9-10, 16. 9, pp. Pat A Eakin is another individual registered at this address. . This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Sherrie T. Eakin is a Family Nurse Practitioner in Lake Charles, LA. Driving Licence. in the Middle District" as well. 13-14; see also Dkt. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. "They can ridicule me and they can say whatever they want. 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. Featured Results. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 1391(b)(2). no. Russian court rejects appeal by U.S. reporter held on spying charges, High-stakes showdown between Dominion and Fox News set to begin in Delaware court, Russia says Putin has paid another visit to occupied ground in Ukraine, U.S. diplomatic convoy fired on in Sudan as intense fighting continues, Charges filed against homeowner in shooting of Black teen, Mexico president slams U.S. "spying" after 28 cartel members charged, Oklahoma officials accused of speaking of killing journalists, using racist language, Renowned climber Noel Hanna dies on Nepal's treacherous Annapurna, U.S. border officials records 25% jump in migrant crossings in March. 51-5-3; Scouten, 656 S.E. 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. No. 1, 25-26, 28. 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. 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. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. See Dkt. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 13, p. 13. Author: Kayla. 2d 1350, 1357 (N.D. Ga. 1998)). Dkt. "In those instances, no party is particularly inconvenienced by a transfer. Dkt. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. 9, p. 13 n.5. The practitioner's primary taxonomy code is 363LP0808X with license number . at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 9, p. 13; Dkt. 2811 Tieton Dr Yakima , WA (509) 575-8100. TEXAS DIGESTIVE DISEASE CONSULTANTS is part of the Hospitals & Physicians Clinics industry, and located in Texas, United States. 9, 13-14. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. 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. 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