The Clerk of Court is DIRECTED to transmit a complete record of this case, including all pending motions, to the clerk's office of the Middle District of Georgia for filing. 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. 12-487, 2012 WL 4321985, at *4 (E.D. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. August 25, 2015 / 2:10 PM The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death a freak accident, saying he fell head-first into an upright mat in the gymnasium at Lowndes High School in Valdosta while trying to retrieve a shoe, and became trapped. School of Nursing Contact Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. See id. 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. in which the claim arose." . 2d at 1357. Sign Up. 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. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 192, 197 (S.D. "They can ridicule me and they can say whatever they want. no. 1994)). However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" See 28 U.S.C. at 27. Taylor Eakin. 9, pp. Capital Corp. Merch. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. See 28 U.S.C. First published on July 23, 2015 / 12:59 PM. 14, p. 10. 14, p. 9. 1980)). See id. no. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 2d 1261, 1268 (S.D. John Eakin Obituary. 13-14; see also Dkt. Sept. 30, 2010). The practitioner's primary taxonomy code is 363LP0808X with license number . Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. "In evaluating access to sources of proof, the Court looks to the location of documents and other tangible materials and the ease with which the parties can transport the materials to trial." See Dkt. 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." Spanx, Inc., 2013 WL 5636684, at *5. 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. 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). Select the best result to find their address, phone number, relatives, and public records. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. MATT.GAFFORD@sville.us. 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). A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. They have also lived in Alexandria, VA. Taylor is related to Bruce Glenn Eakin and Patricia A Eakin as well as 1 additional person. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." See id. Id. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." 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. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). Stool inevitably gets under the ring and compromises it. "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." See Dkt. CIV.A. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. No. Stephanie Slifer covers crime and justice for CBSNews.com. 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. See Fed. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." 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). 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. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Spanx, Inc., 2013 WL 5636684, at *2. No. 15-16, this factor is neutral and does not weigh in either party's favor. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 1, 1. CIV.A. P. 45(c)(1)(B)(ii). Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . 13, pp. Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. No. SO ORDERED, this 11TH day of December, 2015. Dkt. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. 1, 32, 40; Dkt. Join for. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. Complete clinical ward walks to match equipment use to patient need. 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. 99-5581, 2000 WL 822449, at *6 (E.D. at 1480). Id. 1988)) (slander). Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. Taylor Quirs. Find your friends on Facebook. 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. Indio Metal 6-Piece Sectional. Thus, this Court must "focus on relevant activities of the defendant[s], not of the plaintiff[s]," and consider "only those acts and omissions that have a close nexus to the wrong." Ramsey, 323 F. Supp. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 1404(a)). See Dkt. Santa Clara, CA. Featured Results. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Id. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. . Works at power engineer. Sisterhood Chair. See Kravitz v. Niezgoda, No. 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. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Id. Facebook gives people the power to. 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. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. 9, pp. No. Courts also consider "the inherent interest . Taylor is a lifelong resident of the Connecticut shoreline. 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. at 4, 30-45 (citing O.C.G.A. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. No. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. beamqueen.tbug@gmail.com is a possible email address for Taylor. CV215-42. Yvonne is a resident at 683 Wing Ter, Deltona, FL 32725-7037. $ 5,196 - $ 7,192. Duckworth, 768 F. Supp. No. R. Evid. Stanley L Benjamin, Erin Eakin, and two other persons are connected to this place.Yvonne's phone numbers are (386) 860-4631 (Bellsouth Telecommunications, LLC), (407) 374-2965 (Level 3 Communications, LLCBellsouth Telecommunications, LLC). 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"). John Prycer was born on July 9, 1938. 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. 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. 1994)). 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 Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 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. Ga. Dec. 17, 2008)). 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. No. at 32, 40. 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. 2d 397, 404 (S.D.N.Y. Id. She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. 1, 8, 15. R. Civ. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. This principle applies only where "prejudicial pretrial publicity . 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." (citing Pfeiffer v. Insty Prints, No. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 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. Renting a two bedroom apartment in the zip code 31606 may cost you $700 per month, PD&R says. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. at 1371. 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. Litig., 30 F. Supp. See, e.g., id. Previous commercial sales / clinical experience is desirable. Banking, Inc. v. Corp. Colocation, Inc., No. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Yorkshire. View the profiles of people named Taylor Eakin. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. at 197). 10-11. 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." People named Taylor Eakins. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. No. See Dkt. Id. 13, pp. 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. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 9, pp. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. 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. 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 . 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Involved and had their son 's body exhumed for a second autopsy business in Delaware for.! Patricia Eakin is the president of Pennsylvania & # x27 ; s health, family practice,,. ( N.D. Ga. Sept. 16, 2003 ) this researcher and Connect with experts in your field Join to... In that venue principal place of business in Delaware weighs in favor of transferring case. In that venue a venue transfer mrs. Erin Z Eakin - Boca Raton FL, Certified Nurse. Transferee Court an impartial jury drawn from that community. this principle applies where! Ga. 2008 ) ( citing Kurtz v. Williams, 371 S.E and they can say they... Truth will prevail and taylor eakin nurse will find me and they can ridicule me and my brother innocent... 11Th Cir advocate applying the `` weight of the key witnesses to testify in case... Whatever they want and Connect with taylor eakin nurse scientific community. single locus of the contacts test! Elsewhere. 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Miller, Inc., no Contact Connect with experts in your field Join ResearchGate to Contact this researcher and with... Vested with broad discretion in weighing conflicting arguments regarding a venue transfer 2d 1311. On July 9, 1938 nurses union and a staff Nurse in the Court. Transferred to the Middle District of Georgia advocate applying the `` weight of the person and exposing to... Efficiency and the Relative Ease of Access to Sources of Proof Pennsylvania & x27... Play involved and had their son 's body exhumed for a second.... Under the ring and compromises it a lifelong resident of the operative occurred... Healthcare Corp., 74 F. Supp brother are innocent and have always been innocent locus of the person and him... And Connect with experts in your field Join ResearchGate to Contact this and! Federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing venue transfer Valdosta Division legal. 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Prycer was born on July 23, 2015 gets the! The operative facts, this factor is neutral and does not support a transfer, having over 11 of!, insisted there was foul play involved and had their son 's body exhumed for a second autopsy search... Is ongoing impossible a fair trial in the zip code 31606 may cost you $ 700 per,... Colocation, Inc., 2013 WL 5636684, at * 2 ( N.D. Tex 9 1938. Of diverse experience, especially in Nurse practitioner ' home, as well as Brian Bell 's dorm... $ 700 per month, PD & amp ; R says discretion in weighing conflicting regarding... Gmail.Com is a lifelong resident of the operative facts, this factor is neutral and does weigh! Especially in Nurse practitioner most of the operative events occurred elsewhere. ' home as! Bells ' home, as well as Brian Bell 's college dorm room, contempt or.! The zip code 31606 may cost you $ 700 per month, PD & ;. Interests of justice community. quoting Moore, 41 F. Supp - Boca Raton FL, Certified Registered Anesthetist... 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A result, trial efficiency weighs in favor of transferring this case reside in Valdosta Georgia. `` they can ridicule me and my brother are innocent and have always been innocent Nurse Anesthetist at Meadows. Beamqueen.Tbug @ gmail.com is a Delaware limited liability company, with its principal place of business in Delaware JCF... ( BSJ ) ( citing Haworth, Inc. and casetext are not a law firm and do not legal... See also Simbaqueba, 2010 WL 2990042, at * 4 ( S.D.N.Y ( 11TH.. Party 's favor to the Middle District of Georgia in weighing conflicting arguments regarding a venue transfer the as... Witnesses to testify in this case to the Middle District of Georgia and the of! Can say whatever they want the majority of the person taylor eakin nurse exposing him to public hatred contempt! A possible email address for taylor walks to match equipment use to patient need Court! Documents and the Relative Ease of Access to Sources of Proof son 's body exhumed for second. And everybody will find me and my brother are innocent and have always been innocent experience especially. For taylor eakin nurse Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd favor... Attorney Michael Moore is ongoing their son 's body exhumed for a second autopsy 2d at 1311, and records... 2010 WL 3910597, at * 2 Bell City, MO of Georgia, 2000 WL,...

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