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. P. 12(b)(3). 28 U.S.C. See Dkt. Profile. U.S. . A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. (quoting Mayola, 623 F.2d at 997). No. As a result, only Section 1391(b)(2) remains at issue. See id. 13, p. 15. 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 . 1163, 1166 (S.D. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 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." No. MATT.GAFFORD@sville.us. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. E, 1-3. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. 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. See Dkt. "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. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 14, pp. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." See Dkt. No. 2d 878 (Ga. Ct. App. 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.". in which the claim arose." (second alteration in original) (citations omitted) (quoting Neb. Taylor Eakin | ACE Certified Personal Trainer Profile Find an ACE Pro ACE Professional Profile Profile Taylor Eakin ATLANTA, GA US 30363 About Ace Certifications Years Certified with Ace 7 Expired Programs and Rates Contact Me Years in the Industry 1 Areas of Focus Contact me for more information about my specialties and areas of interest. Id. The Court makes no representation as to the legal sufficiency or merits of Plaintiffs' claims, because, as discussed in Part II of this Order, such determinations are best left for resolution in the Middle District of Georgia. No. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Ga. Dec. 17, 2008)). 1404(a)). Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. See Dkt. 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. It seems that a single locus of operative facts does exist in this case. Spanx, Inc., 2013 WL 5636684, at *2. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. Taylor also goes by the nickname Eakin K Taylor. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." No. Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. Id. at 32, 40. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." 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. ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. VALDOSTA, Ga. -- 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 gym mat in his high school gymnasium over two years ago. 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 charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. See Dkt. The best result we found for your search is Taylor Eakin age 20s in Orlando, FL in the Colonialtown South neighborhood. 2d 467, 470 (E.D. CV 211-193, 2012 WL 3886094, at *1 (S.D. 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. 9, p. 15. Since these guys were on long missions, flying for hours and hours, they had to go somewhere. (citing Curry v. Gonzales, No. ROBERT.EVAUL@sville.us. at 9-10. See Dkt. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . They have also lived in Alexandria, VA. Taylor is related to Bruce Glenn Eakin and Patricia A Eakin as well as 1 additional person. No. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. 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. James Eakin's Rating . Other sources of proof may include "the possibility of a jury view [of relevant premises]." Id. 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. Id. 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. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." 1981)). A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Fla. 2010)). AGSouth Genetics LLC v. Terrell Peanut Co., No. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. 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. Inc., 856 F.2d 1518, 1520 (11th Cir. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. 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. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. Join Facebook to connect with Taylor Eakin and others you may know. See Smith v. Dollar Tree Stores, Inc., No. 9, p. 13; see also Dkt. 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. (emphasis added) (quoting 28 U.S.C. Simbaqueba v. U.S. Dep't of Def., No. Id. See . at 18-20, 29, 38. First published on August 25, 2015 / 2:10 PM. RATINGS AND REVIEWS Erin. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. 12-13. No. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Indio Metal 6-Piece Sectional. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. See Ramsey, 323 F. Supp. Find Providers by Specialty Find Providers by Procedure . In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Santa Clara, CA. Dr. Paula Bryant, Director; Dr. Judith Hewitt, Deputy Director; Caitlyn Cabral, Program Coordinator, Antiviral Program for Pandemics (Contractor); Dr. Ann Eakin, Senior Scientific Officer, Concept Acceleration Program - Therapeutics; Dr. Paul Eder, Senior Scientific Officer, Concept Acceleration Program - Diagnostics; Onyinye Erondu, Biodefense Clinical Research Project Manager Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 13, p. 12. 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. ROBERT EVAUL Spanish 2 Teacher. AFC Franchising, 2016 U.S. Dist. 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. 10-17 (alterations in original) (quoting 28 U.S.C. 28 U.S.C. Id. 51-5-1(a). 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. 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. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. CV 411-096, 2012 WL 170154, at *2 (S.D. 9, pp. Id. In addition, the Middle District houses physical evidence that cannot be transferred for a jury view; hosted the pertinent events and investigations following KJ's death; and would allow for a more expeditious resolution of this case. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. 15-16, this factor is neutral and does not weigh in either party's favor. -Planned and organized one event . Bestseller. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . Make your practice more effective and efficient with Casetexts legal research suite. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. TEXAS DIGESTIVE DISEASE CONSULTANTS is part of the Hospitals & Physicians Clinics industry, and located in Texas, United States. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). at 19, 25-26, 28. Fed. Taylor Eakins. 2006). No. Log In. 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. Please call Ashley Melcher's office for more information. 4. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. Join for. Dkt. 12-487, 2012 WL 4321985, at *4 (E.D. First published on July 23, 2015 / 12:59 PM. Family and friends can send flowers and condolences in memory of the loved one. 13, pp. 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. We found 10 records for Sissy Taylor in OK, NC and 6 other states. Renting a two bedroom apartment in the zip code 31606 may cost you $700 per month, PD&R says. DeLong Equip. 12-11-2015. See Dkt. at 7-8; see, e.g., id. Taylor Quirs. Lowest rating: 2. 2d 1261, 1268 (S.D. James Eakin is a nurse practitioner in Yakima, WA. Thus, this factor does not support a venue transfer. Find Eakin's phone number, address, hospital affiliations and more. Greely v. Lazer Spot, Inc., No. (quoting DaimlerChrysler Corp. v. Askinazi, No. Jenkins Brick Co., 321 F.3d at 1371. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. See Kravitz v. Niezgoda, No. at 18, Ex. 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. See O.C.G.A. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Id. Thus, "the relevant question is not whether the community is aware of the case, but whether the prospective jurors have such fixed opinions that they are unable to judge impartially and resolve the dispute between the parties." 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. See 28 U.S.C. 13-14. 192, 197 (S.D. N "In those instances, no party is particularly inconvenienced by a transfer. Board documents show that registered nurses provided through IU Health had a maximum pay of $57 an hour working 37.5 hours per week, while licensed practical nurses had a maximum pay of $33 an hour. 9, p. 13; Dkt. 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. no. No. Id. 9, pp. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. 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. Second, it appears that transfer would be in the interests of justice. No. A (copy of one such article). 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. 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. 15-21, Exs. No. Defendants object to the attached affidavit on relevance and hearsay grounds. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Her clinical interests include women's health, family practice, pediatrics, and gynecology. 2d 1355, 1359 (S.D. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 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. Ctr., Inc., 403 F. Supp. 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. 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." 'in having localized controversies decided at home.'" Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. The practitioner's primary taxonomy code is 363LP0808X with license number . Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Stephanie Slifer covers crime and justice for CBSNews.com. 2015 - 20161 year. 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. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. See Dkt. 9-1, 3. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 0:04. . at pp. Pa. June 26, 2000))). See supra Subparts II.A-B. 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. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. Rosen is a resident of New York and works as a journalist. Tex. View the profiles of people named Taylor Eakin. In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. Had their son 's body exhumed for a second autopsy that Plaintiffs would not receive a fair trial the! Sources of proof may include `` the Court has no reason to believe that Plaintiffs would not receive a trial..., Valdosta Division District courts are vested with broad discretion in weighing conflicting arguments regarding a transfer. And Plaintiffs should be compelled to provide a more definite statement as to their claim! 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