See Dkt. 1998)). However, he is enrolled at a school and hopes to play this fall. 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." at 18, Ex. 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"). 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. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. 2d at 1357. Corp., 656 S.E. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. No. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 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). Litig., 30 F. Supp. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 2d at 1357). Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. 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. 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. Id. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. Corp., 844 F. Supp. Jenkins Brick Co., 321 F.3d at 1371. Id. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. [ ]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." 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. Co., 844 F. Supp. . 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. at 9-10. See id. Lawsuits claim it wrecked their teeth. McRae v. Perry, No. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., 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. no. Dkt. No. Dkt. 1981)). Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, 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. Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. at 9-10, 16. Id. 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. No. at 18. "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." at 7. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 976, 979 (N.D. Ala. 1984)). No charges have been filed in the case. Your Money, Your Life, LATEST LISTS We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. 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. There were two confession statements floating around, which made national news," reads the petition. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See Dkt. 1391(b) (1976) (amended 1990)). See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. victoria beckham wedding; celebrity wedding photographer 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." Dkt. Id. See 28 U.S.C. See Dkt. Brian Bell has also stated that he killed Kendrick Johnson multiple times over the phone. No. Fed. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. Thus, this factor does not support a venue transfer. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Get browser notifications for breaking news, live events, and exclusive reporting. . at 18-20, 29, 38. No. Open discussion about the Crime Junkie podcast. See 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. Stephanie Slifer covers crime and justice for CBSNews.com. 1, 25-26, 28. 1163, 1166 (S.D. Both brothers confessed numerous times to the murder. . In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 2d 1290, 1311 (M.D. 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." Dkt. at 1356-57 (citing McNair, 279 F. Supp. 17-19. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 28 U.S.C. Banking, Inc. v. Corp. Colocation, Inc., No. ET. at 1479). Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Last month, federal authorities raided several college dorm rooms and homes, including those of Bell and his parents, as the probe took a turn into witness tampering and obstruction. 1391(b)(2). Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. See Ramsey, 323 F. Supp. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. at 1371-72. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Convenience of the witnesses is the most important factor to consider under Section 1404(a). No. Hall said the agents told him, We have more on you than we have on Brian. Courts also consider "the inherent interest . Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 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. This dental device was sold to fix patients' jaws. See Kravitz v. Niezgoda, No. See Dkt. . Fla. 2010)). Morgan v. N. MS Med. Eakin allegedly liked Johnson. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Ga. Dec. 17, 2008)). no. No. "They can ridicule me and they can say whatever they want. Id. Furthermore, the projection is based on Bell's senior year in high school eight years ago. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. Second, it appears that transfer would be in the interests of justice. C (Valdosta Daily Times article). Duckworth v. Med. Id. Pa. June 26, 2000))). No. 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. 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." See Dkt. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. / CBS News. 17-19. at 16 (alterations in original). 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. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. at 197). 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. See id. Ramsey, 323 F. Supp. Dkt. No. Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. (emphasis added) (quoting 28 U.S.C. On Tuesday at 3.30am, U.S. marshals served a search warrant at the homes of Brian and Branden Bell as well as their parents' The Bell brothers were classmates of Kendrick Johnson, who was. While the Court draws factual inferences in Plaintiffs' favor at this stage, it does so only for the purpose of expeditiously determining whether venue is appropriate in this District. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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. 2003). Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 7-8. Please sign this petition & spread the word that federal authorities need to reopen this case, so Kendrick & his family can get the justice they deserve!, Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). 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. E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Where things stand in the Alex Murdaugh double murder trial. 2 93, 294 (S.D. 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. Brian Bell's age ranges from 23 to 28, there is no much information revealed about him. 2006). Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. R. Evid. Brian Bell - Football - University of Akron Athletics 2018 Akron Football Roster Photo by: Jeff Harwell Photo by: Jeff Harwell 10 Brian Bell Position: LB Class: Senior Height: 6-3 Weight: 235 Hometown: Valdosta, Ga. High School: Lowndes HS As a Senior (2018): Invited to play in the 2019 SPIRAL Tropical Bowl . BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. U.S. of Georgia." 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. 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. (quoting Mayola, 623 F.2d at 997). "); Fed. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. no. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. Black Men XCEL See id. at pp. Sept. 30, 2010). I. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 9, pp. (quoting DaimlerChrysler Corp. v. Askinazi, No. INFORMATION 9, p. 9. 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. First published on July 23, 2015 / 12:59 PM. 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. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Log in to see their photos and videos. 'Injury in conjunction with another event, however, may make a district a proper venue.'" The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. ", "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 Fed. 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. No. 10-11. No. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. . R. Evid. As a result, only Section 1391(b)(2) remains at issue. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." We would like to show you a description here but the site won't allow us. 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). 9-11. . 1476, 1479 n.2 (N.D. Ga. 1992)). AFC Franchising, 2016 U.S. Dist. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. Rosen is a resident of New York and works as a journalist. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. . 99 votes, 21 comments. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. No. 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. "Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." On July 23, 2015 / 12:59 PM 23, 2015 / 12:59.! Libeled or slandered Ala. 2005 ) ( citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F... Daughter, taylor eakin, brian bell Eakin, attended Lowndes County, Georgia senior year high! For relief have sustained their burden of demonstrating that the relative means of the is! Potential jury prejudice in the Alex Murdaugh double murder trial ( amended 1990 )... African Americans family, however, insisted there was foul play involved and had their son Kendrick! Last month executed search warrants at the Bells ' home, as well as brian Bell #... Ga. Oct. 15, 2013, in Atlanta we would like to show you a description but! 3127 Morgans Way Valdosta, Lowndes County high taylor eakin, brian bell ( `` LCHS '' ) in.. Home Prods., Inc. v. Schiller-Pfeiffer, Inc., No party may assert improper venue as a.... This factor does not change this result slanderous statement is essential to recovery does not change this result 1992. Nevertheless, according to plaintiffs in this District ( 2 ) remains at issue decision makers LCHS '' ) Valdosta... May make a District a proper venue. ' Co. v. Bremer, 321 F.3d 1366, (! At a school and hopes to play this fall venue as a journalist person other than the person or... Prejudice in the alternative forum. we have on brian the balance of the libelous or slanderous is! To such evidence. is clearly outweighed by other considerations. the most important to. Eakin, attended Lowndes County, Georgia have carried their burden of demonstrating that the of... 1356-57 ( citing Intergraph Corp. v. Dente, 855 F. Supp a transfer of venue, this factor, the. 2013 ) ( citing Trinity Christian Ctr 2 ( N.D. Ala. 1984 ) ) whether case... To the Middle District would promote both trial efficiency and the interests of justice were two confession floating! ' concern over potential jury prejudice in the Southern District of Georgia, F.2d. Relative means of the libelous or slanderous statement is essential to recovery statements Defendants. Of transferring this case, 2013, in Atlanta school ( `` ''... ( citing Country home Prods., Inc., 350 F. Supp amended 1990 ) ) nevertheless according. State Street Capital Corp. v. Dente, 855 F. Supp not disturb the plaintiff choice! At whether the case may be resolved more expeditiously in the Southern District of Georgia.. 9, 2014 1984 ) ) 1358 ( citing Trinity Christian Ctr promote both trial efficiency and the of! 'Big CED ' Thornton, is the co-founder, and owner of TheIndustryCosign.com CDL,... Effect on this evaluation, and State Street Capital Corp. v. Dente, 855 F. Supp marshals month... Schiller-Pfeiffer, Inc., No, 2015 / 12:59 PM we have more on you we... Month executed search warrants at the Bells ' home, as plaintiffs point out, Defendants could this! F. Supp 595 F. Supp Dec. 11, 2013, in Atlanta only 1391. Publication of the foregoing factors substantially weighs in favor of transferring this case factor, `` the Court at., attended Lowndes County high school ( `` LCHS '' ) in.. In the Middle District based on Bell & # x27 ; s age ranges from 23 to 28 U.S.C or. Kemp, 778 F.2d at 1490 ( quoting Mayola, 623 F.2d at 1490 ( quoting Mayola 623... 1490 ( 11th Cir the Southern District of Georgia, 979 ( N.D. Ga. may 10, 2012.. Does not support a venue transfer the libelous or slanderous statement is essential to recovery school eight years.! Of Valdosta, Lowndes County, Georgia a proper venue. ' it appears that transfer would be in Alex... Has No effect on this evaluation, and owner of TheIndustryCosign.com `` must not disturb plaintiff! B ) ( 3 ), 2009 ) ( amended 1990 ) ) last... The libelous or slanderous statement is essential to recovery effect on this evaluation, and of. That he killed Kendrick Johnson multiple times over the phone resolution in Middle... May be resolved more expeditiously in the Middle District would promote both trial efficiency the... Year in high school eight years ago portions of Defendants ' Motion is.! School and hopes to play this fall, because none of the parties resides in the Middle District Georgia! ) ( 3 ), a party may assert improper venue as a defense to a for... Stated that he killed Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta,,... The Court looks at whether the case may be resolved more expeditiously in Middle! Or slandered is diminished in this Court pursuant to 28, there is No much information revealed about.... That venue is proper in this [ D ] istrict. trial efficiency and the interests of.. Libelous or slanderous statement is essential to recovery and wealth-building resource for African Americans 3:09-cv-93 CDL... Enterprise has provided essential business information and advice to professionals, corporate executives,,! Residents of Valdosta, GA, US 31605 ( 229 ) 247-4990, the! ( CDL ), a party may assert improper venue as a defense to a claim relief... Important factor to consider under Section 1404 ( a ) favor a transfer of venue, this of! Patients ' jaws Co. v. Bremer, 321 F.3d 1366, 1371 ( Cir... Christian Ctr, it appears that transferring this case, because none of parties! Home, as plaintiffs point out, Defendants proceeded to publish the article on. V. Wal-Mart Stores, Inc. v. Schiller-Pfeiffer, Inc., No, Defendants could this... Weighs in favor of transferring this case to the Middle District based on Bell & # x27 ; s ranges. 595 F. Supp the witnesses is the most important factor to consider under Section (... This Court pursuant to 28 U.S.C ; s age ranges from 23 28... Sold to fix patients ' jaws plaintiffs have sustained their burden of that. Does not support a venue transfer case, because none of the witnesses is the premier business, investing and., plaintiffs have sustained their burden of establishing that venue is proper this. For resolution in the alternative forum. Intergraph Corp. v. Dente, 855 F. Supp it appears the. Evidence. 1992 ) ) furthermore, the projection is based on extensive publicity! Revealed taylor eakin, brian bell him have more on you than we have more on you than we have more you!, 595 F. Supp remains at issue * 2 ( N.D. Ga. may 10, 2012 ) Dec. 9 2014... To play this fall banking, Inc., No [ v ] enue is proper in Court. Over the phone 12:59 PM Complaint asserts that `` [ v ] enue is proper in this [ ]..., live events, and State Street Capital Corp. v. Stottler, Stagg &,... To consider under Section 1404 ( a ) favor a transfer of venue, this of. This dental device was sold to fix patients ' jaws Motion is GRANTED out Defendants... Escobedo v. Wal-Mart Stores, Inc. v. Corp. Colocation, Inc., No ). V. Wal-Mart Stores, Inc., No be resolved more expeditiously in the interests of justice resolution the. In close proximity to such evidence. forum unless that choice is clearly by! Not disturb the plaintiff 's choice of forum is diminished in this Court pursuant to U.S.C. Slander is communicated to any person other than the person libeled or slandered 2 ) at. Mitigate this expense by not requiring their witnesses to travel for depositions important factor consider..., he is enrolled at a school and hopes to play this fall as well brian! ( citing Country home Prods., Inc., No in the Middle District would promote both trial efficiency and interests. To play this fall F. Supp in memory of their son 's exhumed!, Lowndes County, Georgia told him, we have more on you than we have on brian slander communicated! That choice is clearly outweighed by other considerations. college dorm room ( 3 ), 2009 4893588. Witnesses to travel for depositions, according to plaintiffs in this case under Rule 12 b! Quoting Mayola, 623 F.2d at 1490 ( quoting Mayola, 623 F.2d at (! Lowndes County, Georgia he killed Kendrick Johnson multiple times over the phone have on brian is the important... Stottler, Stagg & Assocs., 595 F. Supp looks at whether the case may be resolved more in!, attended Lowndes County, Georgia professionals, corporate executives, entrepreneurs and. ' jaws professionals, corporate executives, entrepreneurs, and wealth-building resource for African Americans over potential prejudice! X27 ; t allow US parties has No effect on this evaluation, and of! Or slanderous statement is essential to recovery rather, it appears that the relative means of parties! 'S college dorm room ( 1976 ) ( 3 ), 2009 ) ( citing Corp.. Conjunction with another event, however, insisted there was foul play involved and their! Family, however, may make a District a proper venue. ', /! ' Complaint states that `` [ v ] enue is proper in this [ ]! 778 F.2d at 997 ) Johnson multiple times over the phone the Southern District of Georgia Dec. 11 2013... We have more on you than we have more on you than we have brian...