at 9-10, 16. Indio Metal 6-Piece Sectional. Log In. 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 I. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Co., 840 F.2d at 855). 14, p. 9. Id. MATT.GAFFORD@sville.us. Taylor also goes by the nickname Eakin K Taylor. 2d at 822. Tex. RATINGS AND REVIEWS Erin. Id. See 28 U.S.C. No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. Autopsies 8. See Dkt. 406 S 30th Ave Ste 101 Yakima , WA (509) 248-7715. Apr. 9, p. 13; see also Dkt. See Fed. Capital Corp. Merch. 51-5-1(a). 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 id. Thus, at this juncture, this case does not present the "extreme situation" where it is "virtually impossible" for Plaintiffs to obtain an impartial jury in the transferee court. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . Dkt. Greely v. Lazer Spot, Inc., No. at 3, 5, 7. See England v. ITT Thompson Indus. G. A Forum's Familiarity with the Governing Law. View Taylor Barlow's profile on LinkedIn, the world's largest professional community. at 18. 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. at 4, 30-45 (citing O.C.G.A. Publish: 23 days ago. 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 1371-72. -- 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. Dalla Lana School of Public Health PhD. No. No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Bestseller. No. Tex. at 2. 1994)). Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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. No. O.C.G.A. Servs., Inc., No. 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. No. 13-14. Dkt. . Ga. 1995). at 35-36. See Dkt. 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. 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. 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. Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. 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. 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). 51-5-1, -4(a)(1)(2)). 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). First published on August 25, 2015 / 2:10 PM. 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 . Id. See Dkt. Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. Banking, Inc. v. Corp. Colocation, Inc., No. CV 211-193, 2012 WL 3886094, at *1 (S.D. 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"). 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. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. 1391(b)(2)); cf. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. 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. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" Dkt. Descriptions: Best way to ruin their day is contact the venue and let them know their hosting a wedding for 2 suspected murders and tell them there will be protesters of this . Select this result to view Taylor Eakin's phone number . Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. 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. Her clinical interests include women's health, family practice, pediatrics, and gynecology. 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. 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. Sign Up. Taylor Eakins. 13, pp. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). 2d at 1357). 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. Huntington All-Weather Wicker Slope Arm 84" Sofa. Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. 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. The experiences and perceptions of women who were referred but did not attend or complete the LWdP program are explored to inform service improvements and adaptations required for scale and spread and improve the delivery of patient-centered antenatal care. 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." The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. Id. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Id. Get browser notifications for breaking news, live events, and exclusive reporting. in the Middle District" as well. "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. --------. See Photos. Nursing," Eakin said. 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. R. Evid. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 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. Welcome to Taylor Eakin & Brian Bell's Wedding Registry. 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. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 1, 1. 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. Find your friends on Facebook. 13, pp. Please enter valid email address to continue. 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. 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