Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. Our products and services are available in over 50 countries internationally and we have employees in 9 countries with sites and subsidiaries in the UK, Netherlands, France and Japan. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). 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. See Dkt. 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"). Yorkshire. See Ramsey, 323 F. Supp. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 2d 1322, 1327 (M.D. Thus, this factor does not support a venue transfer. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. 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." / CBS News. Ramsey, 323 F. Supp. 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). (quoting Mayola, 623 F.2d at 997). See Fed. Eakin: I have a urinal from a B-52 bomber. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. at 1356-57 (citing McNair, 279 F. Supp. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Superintendent Dixon, We, the undersigned educators, and proud members of the Columbus Education Association, call upon your Administration to immediately institute a two-week temporary remote learning pause to get us through the worst of the current COVID-19 Omicron surge. 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. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 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. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. at 1479). Taylor Eakin Sr Project Manager at Whole Foods Market Orlando, Florida, United States 1K followers 500+ connections Join to view profile Whole Foods Market Florida State University About Program. No. Apr. 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 . 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). See Dkt. The Bells and Eakin #KendrickJohnson. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. First published on July 23, 2015 / 12:59 PM. 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. 15-16, this factor is neutral and does not weigh in either party's favor. 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. no. Ga. 1991) (quoting Elec. Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . See Dkt. Morgan v. N. MS Med. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 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. ; 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. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. 4. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. No. MATT.GAFFORD@sville.us. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. No. Electro-Therapeutics, Inc., 768 F. Supp. Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Id. 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. As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 51-5-4. See Dkt. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. No. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. Tex. No. The NPI number of James Eakin is 1023688769 and was assigned on June 2021. See id. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. Transaction Network, 734 F. Supp. 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. See Jenkins Brick Co., 321 F.3d at 1371. Nurse Practitioner Sara Eakin is a nurse practitioner with Texas Digestive Disease Consultants. Taylor Eaton, FNP-BC is a Family Nurse Practitioner with Middlesex Health Primary Care - Shoreline and Madison offices. 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. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Last month, federal authorities . 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. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. at 9-10, 15. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Johnson's family, however, insists there was foul play involved. United States District Court for the Southern District of Georgia Brunswick Division. Taylor is a lifelong resident of the Connecticut shoreline. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 29. See Kravitz v. Niezgoda, No. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Pa. June 26, 2000))). "The Court may not simply shift inconvenience from one party to the other." The Johnson family alleges local officials conspired to cover up the crime. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. at pp. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. The NPI number of this provider is 1184060089 and was assigned on May 2013. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." 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. See Dkt. Dkt. 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. 2d 1290, 1311 (M.D. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 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. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. The organization is PHYSICIAN GROUP OF UTAH INC. . 13, p. 12. No. ROBERT.EVAUL@sville.us. AGSouth Genetics LLC v. Terrell Peanut Co., No. EAKIN: The hospital administration was very intent on breaking up the union. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. They took my phone, iPod, computer, my roommate's . at 18, Ex. Featured Results. Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. 13. matthew.etters@sville.us. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . no. 2003). See Dkt. Id. No. 4-10. "In those instances, no party is particularly inconvenienced by a transfer. 13, p. 15. 13-14; see also Dkt. See id. 13, p. 11. at 27. Id. 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. View info, ratings, reviews, specialties, education history, and more. 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. CIV.A. 2811 Tieton Dr Yakima , WA (509) 575-8100. . Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 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. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 1, 6. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. 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. 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