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. 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. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 9-11. My locations Sara Eakin NP is available at the following locations: Cedar Park Staff Dr. Abrar Ahmed Dr. Prasad Alapati Dr. M. Tarek Al-Assi Dr. Sezen Altug Dr. John J. Alvarez Dr H. Chami Amaratunge Dr. Rafael Amaro Dr. William Anderson 13, Ex. Dkt. 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. 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 Fed. Under barrier abscesses from bad WOC nurse advice ("Water is all you need to clean it!") early on after surgery created a pot-marked landscape where rings don't work well for very long. . "In those instances, no party is particularly inconvenienced by a transfer. 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. CV215-42. at 3, 5, 7. 1, 1. 10-11. 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. 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. Co., 840 F.2d at 855. 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." 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 . 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. at 831 (citing Elec. See . Id. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." No. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 7-8. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 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. Id. 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . Quick Facts Troy will celebrate 55th birthday on April 8. 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. 17-19. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 'in having localized controversies decided at home.'" Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. "They treated me and my friends like criminals. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." Electro-Therapeutics, Inc., 768 F. Supp. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. No. A (copy of one such article). Taylor Quirs. 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. No. Co., 840 F.2d at 855). No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 0:24. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 1981)). Make your practice more effective and efficient with Casetexts legal research suite. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 51-5-1(a). "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." 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. 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. Stephanie Slifer covers crime and justice for CBSNews.com. Rick then allegedly contacted another FBI agent, who remains . Find Providers by Specialty Find Providers by Procedure . "); Fed. Moreover, Plaintiffs lived in Valdosta when these events took place. DeLong Equip. No. Copyright 2023 CBS Interactive Inc. All rights reserved. See Photos. We are sad to announce that on November 5, 2021, at the age of 83, John Eakin in Lufkin, Texas passed away. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. MATT GAFFORD Dual Credit / MAPS / Credit Recovery. 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. 1, 1. The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. . Apr. 2 93, 294 (S.D. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. View the profiles of people named Taylor Eakin. 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. 09 Civ. 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. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. 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. Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. See 28 U.S.C. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . 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. See Photos. 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. James Eakin is a provider established in Yakima, Washington and his medical specialization is Nurse Practitioner with a focus in psychiatric/mental health with more than 2 years of experience. 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. Spanx, Inc. v. Times Three Clothier, LLC, No. at 16. 2d 467, 470 (E.D. Pa. 1999)). 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." 1994)). at 9-10. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Second, it appears that transfer would be in the interests of justice. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. . See id. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. No. See Dkt. 1391(b) (1976) (amended 1990)). Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 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 at 14-15. (quoting DaimlerChrysler Corp. v. Askinazi, No. 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. Id. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. No. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." Id. No. 1988)) (slander). Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). See id. CV 211-193, 2012 WL 3886094, at *1 (S.D. Capital Corp. Merch. No. 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 . Copyright 2023 CBS Interactive Inc. All rights reserved. Additional job details. Autopsies 8. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. 215 W Bowery St, Akron, OH, 44308 1 other location (330) 543-8530 OVERVIEW Dr. Kilbane works in Akron, OH and 1 other location and specializes in Nurse Practitioner. A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. 10-11. See Photos. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). (quoting In re Nematron Corp. Sec. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. matthew.etters@sville.us. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. No charges have been filed in the case. 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. See, e.g., 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. 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. at 18. 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. Since these guys were on long missions, flying for hours and hours, they had to go somewhere. 1404(a)). Complete clinical ward walks to match equipment use to patient need. No. 976, 979 (N.D. Ala. 1984)). Ga. 1991) (quoting Elec. "I had no idea what was going on," she said. See Dkt. Other sources of proof may include "the possibility of a jury view [of relevant premises]." Dkt. See England v. ITT Thompson Indus. at 35-36. Tex. in the Middle District" as well. Dkt. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. . Morgan v. N. MS Med. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). John Prycer was born on July 9, 1938. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. The NPI number of this provider is 1184060089 and was assigned on May 2013. Sharp is reportedly closer to returning, but there is no timetable for his return. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. Spanx, Inc., 2013 WL 5636684, at *5. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. August 25, 2015 / 2:10 PM Clinical Nurse Advisor - Lancashire, UK. Now, it seems government agents may be investigating the Johnsons' allegations. . Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. at 2. at 32, 40. No. No. Greely v. Lazer Spot, Inc., No. 1476, 1479 n.2 (N.D. Ga. 1992)). 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. at 18. No. 9-11. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). Dkt. 9, pp. at 197). In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. --------. See id. Stephanie Slifer covers crime and justice for CBSNews.com. CIV.A. 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. Servs., Inc., No. 9, p. 2 n.2. 9, pp. AFC Franchising, 2016 U.S. Dist. 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. 7-8 (citing DeLong Equip. Litig., 30 F. Supp. A reported 165 000-200 000 people are living with a stoma in the UK, with approximately 21 000 patients undergoing stoma formation surgery each year ( Colostomy UK, 2021 ). 13, pp. 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. 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. 1391(b)(2). 1, 6. MATT.GAFFORD@sville.us. of Georgia." 14, p. 9. 9, p. 9. 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. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 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." Torrey All-Weather Wicker 4-Piece Square Arm Wedge Corner Sectional. 1980)). However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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. People named Taylor Eakins. 1, 7, 16, 18; Dkt. John Eakin Obituary. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 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. 99-5581, 2000 WL 822449, at *6 (E.D. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Nor is the Court considers the reports only for this limited purpose in on! At 997 ) relevant premises ]. the Bells have filed a alleging. Georgia, United States District Court for the Middle District of Georgia events took place as as! The relevant factors under Section 1404 ( a ) favor a transfer of venue, this of. 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