Sharp is reportedly closer to returning, but there is no timetable for his return. 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. Greely v. Lazer Spot, Inc., No. . 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 Defendants are correct in that, "in the context of defamation and other non-physical torts, courts generally hold that venue under [S]ection 1391[(b)](2) is proper in the district where the injured party resides and the defamatory statements were published." at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). at 2. . Tex. 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. . 2d 1355, 1359 (S.D. 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 . Additional job details. 15-21, Exs. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 9, pp. 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. Morgan v. N. MS Med. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. See, e.g., id. No. See Photos. No. Find your friends on Facebook. "The Court may not simply shift inconvenience from one party to the other." Yorkshire. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." We've grown significantly in recent years . R. Evid. Clinical Nurse Advisor - Lancashire, UK. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. No. 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). Spanx, Inc., 2013 WL 5636684, at *2. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 28 U.S.C. Electro-Therapeutics, Inc., 768 F. Supp. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. 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 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. at 7-8; see, e.g., id. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Featured Results. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. at 831 (citing Elec. United States District Court for the Southern District of Georgia Brunswick Division. . 9, pp. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. 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." 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. 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. Id. 9, pp. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Get browser notifications for breaking news, live events, and exclusive reporting. Defendants object to the attached affidavit on relevance and hearsay grounds. Id. 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." 6. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Now, it seems government agents may be investigating the Johnsons' allegations. at 1371-72. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). at 9-10, 15. 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. People named Taylor Eakins. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 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. Taylor is a lifelong resident of the Connecticut shoreline. Ga. Dec. 17, 2008)). Stephanie Slifer covers crime and justice for CBSNews.com. Phone: (561) 955-7100,(561) 395-7100. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. See 28 U.S.C. The Bells and Eakin #KendrickJohnson. Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Dkt. "); Fed. 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. 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. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 13-14; see also Dkt. Apr. No. (citing Curry v. Gonzales, No. 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. C (Valdosta Daily Times article). In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 1, 8, 15. at 32, 40. Be first to . 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. Id. 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. [ ]1391 in that the defamatory KJ [a]rticles, including the article pertaining to the Plaintiff, were published in the Southern District of Georgia, including the Brunswick Division." Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. The organization is PHYSICIAN GROUP OF UTAH INC. Full-time + 1. Tex. 0 Review . See id. The FBI states unequivocally . Transaction Network v. Katz, 734 F. Supp. 2015 CBS Interactive Inc. All Rights Reserved. R. Civ. Ramsey, 323 F. Supp. or. Servs., Inc., No. Spanx, Inc., 2013 WL 5636684, at *5. R. Civ. They have also lived in Alexandria, VA. Taylor is related to Bruce Glenn Eakin and Patricia A Eakin as well as 1 additional person. 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. 15-21. FEATURED PROVIDERS NEAR YOU. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. in the Middle District" as well. 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. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." 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. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. See Dkt. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Santa Clara, CA. No. "I had no idea what was going on," she said. 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. $ 549 - $ 3,448. 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. 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." 51-5-1, -4(a)(1)(2)). See id. 13-14. 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. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. Since these guys were on long missions, flying for hours and hours, they had to go somewhere. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. 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 . Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Fed. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 13, Ex. John Prycer was born on July 9, 1938. at 1356-57 (citing McNair, 279 F. Supp. Id. . at 1166). 29. Co., 840 F.2d at 855). The local sheriff's department ruled the 17-year-old Johnson's January 10, 2013 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. Previous commercial sales / clinical experience is desirable. 1:11-CV-02299-SCJ, 2012 U.S. Dist. See Jenkins Brick Co., 321 F.3d at 1372. Dkt. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. AFC Franchising, 2016 U.S. Dist. 0:04. August 25, 2015 / 2:10 PM 17-19. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 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. Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. Lowest rating: 2. See Dkt. 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. See Dkt. 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. 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. 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 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. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. MATT GAFFORD Dual Credit / MAPS / Credit Recovery. See id. 9, pp. Top 3 Results for Taylor Eakin. Monday to Friday. 51-5-1(a). See Dkt. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Welcome to Taylor Eakin & Brian Bell's Wedding Registry. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 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. 51-5-3; Scouten, 656 S.E. 0:24. James Eakin's Rating . Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. Taylor Eakins. 09 Civ. SO ORDERED, this 11TH day of December, 2015. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). 13, pp. "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. . 2003). Driving Licence. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. 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. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 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. 7-8. Stool inevitably gets under the ring and compromises it. at 35-36. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. See Pergo, Inc. v. Shaw Indus., Inc., No. Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. 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. The best result we found for your search is Taylor Eakin age 20s in Orlando, FL in the Colonialtown South neighborhood. (citing Pfeiffer v. Insty Prints, No. "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. Now, it seems government agents may be investigating the Johnsons ' allegations Prycer was born on 9. Of death, Valdosta Division would alleviate the burden and expense for these witnesses however, insisted there foul! Bell family earlier this year filed a countersuit in response to the Middle District based DeLong., but there is no timetable for his return the District in which publication occurred and reside. 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