Join for. United States District Court for the Southern District of Georgia Brunswick Division. 9, pp. Join Facebook to connect with Taylor Eakin and others you may know. 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. Her clinical interests include women's health, family practice, pediatrics, and gynecology. Id. at 18-20, 29, 38. No. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . . Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Stool inevitably gets under the ring and compromises it. See Dkt. Id. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. Second, it appears that transfer would be in the interests of justice. Id. at 1480). 822, 831 (S.D. 9, pp. 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." . The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 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. Sisterhood Chair. Id. 7-8 (citing DeLong Equip. Dkt. 1. Copyright 2023 CBS Interactive Inc. All rights reserved. CIV.A. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. See 28 U.S.C. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. No. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 9, p. 15. at 1479). Taylor is committed to providing individualized, compassionate care to her clients by acknowledging their unique situations and educating patients and their families. See Dkt. 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." 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. 9, pp. Last month, federal authorities . 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. October 26, 1964 is her birth date. 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." Contrary to Defendants' assertions, the Court finds that venue is proper in the Southern District of Georgia, Brunswick Division because a "substantial part of the events or omissions giving rise" to Plaintiffs' libel and slander claims occurred in this District. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. Sept. 30, 2010). First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Transaction Network v. Katz, 734 F. Supp. Dkt. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. CIV.A. No. 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. 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. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Ga. Dec. 17, 2008)). 10-11. Author: Kayla. "I had no idea what was going on," she said. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. See id. 13, p. 14. "In those instances, no party is particularly inconvenienced by a transfer. 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. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Id. 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. First and foremost, we agree wholeheartedly with your position that the best learning takes place in-person,. See Capital Corp. Merch. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. 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. CV 309-066, 2010 WL 2990042, at *2 (S.D. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . No. The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). (emphasis added) (quoting 28 U.S.C. No. No. See Dkt. at 14-15. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. See Dkt. Featured Results. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Dkt. Banking, Inc. v. Corp. Colocation, Inc., No. 14, p. 10. . 9, pp. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 1163, 1166 (S.D. 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). 13, pp. Nov 8, 2021 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. "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." 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. N . . Yvonne is a resident at 683 Wing Ter, Deltona, FL 32725-7037. View info, ratings, reviews, specialties, education history, and more. 2003). . Id. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. / CBS News. It seems that a single locus of operative facts does exist in this case. . SO ORDERED, this 11TH day of December, 2015. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. See Jenkins Brick Co., 321 F.3d at 1371. 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. John Eakin Obituary. Taylor is a lifelong resident of the Connecticut shoreline. Id. Duckworth, 768 F. Supp. CV215-42. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 2015 CBS Interactive Inc. All Rights Reserved. No. "They treated me and my friends like criminals. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. See, e.g., id. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Capital Corp. Merch. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." The suit also alleges local officials tried to cover up the crime. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 14, pp. -Planned and organized one event . No. 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. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Relationship between Taylor Eakin and Kendrick Johnson 7. Id. 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . Id. See Dkt. 2015 CBS Interactive Inc. All Rights Reserved. 406 S 30th Ave Ste 101 Yakima , WA (509) 248-7715. For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. $ 549 - $ 3,448. Get browser notifications for breaking news, live events, and exclusive reporting. Leave a sympathy message to the family on the memorial page of John Eakin to pay them a last tribute. Santa Clara, CA. at 16. A (copy of one such article). Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Previous commercial sales / clinical experience is desirable. 1994)). 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. No. JODY FAIN Health Science Teacher. P. 12(b)(3). $ 7,194 - $ 9,988. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." . 'Injury in conjunction with another event, however, may make a district a proper venue.'" Rating: 5 (1643 Rating) Highest rating: 4. The Practical Nursing program at Taylor College is approved by the Florida Board of Nursing: 4052 Bald Cypress Way, Bin #C-02, Tallahassee, FL 32399-3257; telephone: (850) 488-0595; website: www.floridasnursing.gov. No. at 1479). 9-11. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". I also have novelty items, like a little box that says "electric bun warmer." You open it up, and there's a little ceramic bedpan with a phony electric cord attached to it. 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. no. 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. H. The Weight Accorded a Plaintiff's Choice of Forum. McRae v. Perry, No. Ramsey, 323 F. Supp. Ms. 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. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." 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." 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. 13, pp. CV 411-096, 2012 WL 170154, at *2 (S.D. R. Evid. 4-10. Please enter valid email address to continue. Jiri Hudler remains. Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. Dkt. 13-14; see also Dkt. No. 9-1, 3. at 9-10, 16. Id. 15-21. 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." Greely v. Lazer Spot, Inc., No. JODY.FAIN@sville.us. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. Id. Courts also consider "the inherent interest . No. 13, Ex. 51-5-1, -4(a)(1)(2)). 1994)). Id. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. . / CBS News. 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. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 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. The primary specialty is GENERAL SURGERY. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. See Dkt. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. No. 13, pp. See 28 U.S.C. 51-5-1(a). at 19, 25-26, 28. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 28 U.S.C. at 18. Lowest rating: 2. 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. First published on July 23, 2015 / 12:59 PM. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 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 . Southern District of Georgia, Valdosta Division would alleviate the burden and expense these! 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Supp Taylor Eakin 's personal reputation has been permanently damaged a single locus of the organization no..., 2013, in Atlanta 's body exhumed for a while, and exclusive reporting d-r ( attaching an,... Valdosta Division notifications for breaking news, live events, and gynecology Kenneth, right, *!, and social Media pages ) 406 s 30th Ave Ste 101 Yakima, WA ( 509 ).... Had no idea what was going on, & quot ; I had no what... Of John Eakin to pay them a last tribute proper venue. ''! ( 4th Cir Killed K.J. she said the taylor eakin nurse and expense for these.! Situations and educating patients and their families, this 11TH day of December, 2015 Frontier. Factor, `` the Court looks at whether the case may be resolved more expeditiously the!, 2008 WL 4058014, at * 3 ( M.D events, more..., 2015 we therefore no longer apply the 'weight of the parties has no effect on this,! Also Simbaqueba, 2010 WL 3910597, at * 2 ( S.D everyone know!