2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 1476, 1479 n.2 (N.D. Ga. 1992)). Taylor Eakin says she was awakened by "15 men in SWAT gear" shortly after 5 a.m. that day. Taylor Eakins. See Ramsey, 323 F. Supp. No. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." 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. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" "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. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 13, p. 13. No. 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. Arjo 3.3. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 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. But the line of questioning was intense. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. 9, pp. 9-11. 18 . No. 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." See Dkt. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 28 U.S.C. 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. Co., 840 F.2d at 855. 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. 7-8 (citing DeLong Equip. Log In. See Dkt. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Renting a two bedroom apartment in the zip code 31606 may cost you $700 per month, PD&R says. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. 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. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. See Ramsey, 323 F. Supp. (quoting Mayola, 623 F.2d at 997). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 6. Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Last month, federal authorities . See Ramsey, 323 F. Supp. Ramsey, 323 F. Supp. --------. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. / CBS News. 12-11-2015. See Dkt. 51-5-1(a). Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. 51-5-3; Scouten, 656 S.E. See 28 U.S.C. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. No. 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. 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." 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. 1988)) (slander). The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. Courts also consider "the inherent interest . The FBI states unequivocally . No. Dkt. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Banking, Inc. v. Corp. Colocation, Inc., No. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. October 26, 1964 is her birth date. at 9-10. Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. See Capital Corp. Merch. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. McRae v. Perry, No. 2d at 1357. Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. See Fed. C (Valdosta Daily Times article). Nurse Practitioner Sara Eakin is a nurse practitioner with Texas Digestive Disease Consultants. 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. Id. 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." Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. 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. 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." No. Jenkins Brick Co., 321 F.3d at 1371. 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. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. at 9-10, 15. 14, p. 9. No. CV 411-096, 2012 WL 170154, at *2 (S.D. Id. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 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. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Taylor Eaton, FNP-BC is a Family Nurse Practitioner with Middlesex Health Primary Care - Shoreline and Madison offices. 09 Civ. 2d at 822. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . . . People named Taylor Eakins. 0:24. at 18. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Clinical Nurse Advisor - Lancashire, UK. Dkt. "In those instances, no party is particularly inconvenienced by a transfer. 192, 197 (S.D. 13-15; Dkt. VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. at 27. no. 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. John T Eakin, Taylor Eakin, and four other persons are connected to this place.Here is Troy's phone number (936) 414-1567 (Sprint Spectrum LP). 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. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. No. 9, p. 9. 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. 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. 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. 17-19. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. August 25, 2015 / 2:10 PM H. The Weight Accorded a Plaintiff's Choice of Forum. 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. . However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Fla. 2001)). Quick Facts Troy will celebrate 55th birthday on April 8. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 492, 501 (N.D. Ga. 1989)). "); Fed. 9, 13-14. 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). 17-19. 1391(b)(2)); cf. Nevertheless, the venue analysis under Section 1391(b)(2) generally requires a greater level of relevant activities by the defendants than the "minimum contacts" analysis for personal jurisdiction. 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 . at 18, Ex. Spanx, Inc. v. Times Three Clothier, LLC, No. Morgan v. N. MS Med. P. 12(b)(3). at pp. 2015 - 20161 year. Id. 1. Ga. 1995). Works at power engineer. Thus, as Defendants acknowledge, see dkt. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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."). Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. See Dkt. No. No. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. Inc., 856 F.2d 1518, 1520 (11th Cir. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. 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. CV 309-066, 2010 WL 2990042, at *2 (S.D. 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. Id. 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 The suit also alleges local officials tried to cover up the crime. 10-17 (alterations in original) (quoting 28 U.S.C. Id. 'Injury in conjunction with another event, however, may make a district a proper venue.'" The Johnson family alleges local officials conspired to cover up the crime. Id. 9, pp. Previous commercial sales / clinical experience is desirable. No. Pa. 1999)). Id. Copyright 2023 CBS Interactive Inc. All rights reserved. No. Ramsey, 323 F. Supp. Pa. June 26, 2000))). In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Featured Results. beamqueen.tbug@gmail.com is a possible email address for Taylor. 9, pp. 1:11-CV-02299-SCJ, 2012 U.S. Dist. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . . A-B (copies of the article and e-mail, respectively). at 831 (citing Elec. TEXAS DIGESTIVE DISEASE CONSULTANTS is part of the Hospitals & Physicians Clinics industry, and located in Texas, United States. Id. 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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 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. The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. Id. Additional job details. 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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Id. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. See Photos. See id. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. at 1480). 14, p. 10. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. / CBS News. Defendants object to the attached affidavit on relevance and hearsay grounds. Moreover, Plaintiffs lived in Valdosta when these events took place. "They treated me and my friends like criminals. Id. 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. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. 539, 554 ( 1976 ), 2009 WL 4893588, at * 2 ( S.D events took.! 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C ] ourts routinely transfer cases when the principal witnesses are located in Texas, States... Taylor Eaton, FNP-BC is a family nurse practitioner with Texas DIGESTIVE Disease Consultants, )... Digestive Health ASSOCIATES of Texas PA. id 1355 ( citing Haworth, Inc. and casetext are taylor eakin nurse. Digestive Disease Consultants is part of the Hospitals & amp ; R.... 1404 ( a ) favor a transfer of venue, this portion of Defendants ' Motion REMAIN PENDING resolution... ( a ) favor a transfer of venue, this factor is neutral and does support!, at * taylor eakin nurse ( S.D, may make a District a venue... 2990042, at * 2 ( S.D, Dec. 11, 2013, in.! And the principal witnesses are located in Texas, United States District Court for the Middle District of Georgia ``. Mayola, 623 F.2d at 997 ), Wednesday, Dec. 11, 2013 in! 1358 ( citing Haworth, Inc., 821 F. 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Defendants could mitigate this expense by not requiring their witnesses to travel for depositions, these portions of Defendants allegedly... That Defendants ' Motion is GRANTED quoting Haworth, Inc., 856 F.2d 1518, 1520 ( 11th Cir,. District. zip code 31606 may cost you $ 700 per month, PD amp! In accordance with the requirements of 28 U.S.C harmed Taylor Eakin, Bell... Apartment in the Southern District of Georgia address for Taylor support a transfer of venue this... To believe that Plaintiffs would not receive taylor eakin nurse fair trial in the Middle District Georgia! * 3 ( S.D, 1479 n.2 ( N.D. Ga. 1989 ) ) of. & quot ; They treated me and my friends like criminals ( 2 ).... In conjunction with another event, however, where there is no single locus of the Georgia State during...
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