no. No. No. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." Ga. Dec. 17, 2008)). Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. Leave a sympathy message to the family on the memorial page of John Eakin to pay them a last tribute. 9, pp. She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 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. Pa. June 26, 2000))). As a result, only Section 1391(b)(2) remains at issue. CIV.A. 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. 1, 5-6, 30. no. MATT GAFFORD Dual Credit / MAPS / Credit Recovery. 7-8. "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." A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." See Dkt. See, e.g., id. 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. Now, it seems government agents may be investigating the Johnsons' allegations. WA and specializes in Nurse Practitioner. 1, 8, 15. No. 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. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. Dkt. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. at 19, 25-26, 28. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 'in having localized controversies decided at home.'" Tex. at 9-10, 15. Log In. 12-13. Eakin: I have a urinal from a B-52 bomber. Sisterhood Chair. No. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. Dkt. 7-8 (citing DeLong Equip. MATT.GAFFORD@sville.us. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Id. Id. 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. 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. Thus, as Defendants acknowledge, see dkt. Id. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 1012 Pershing Aven, Lufkin, TX 75904-3707 is the current address for Troy. 1, 1. 4. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. No. 4-10. Get to know what people think of Taylor; Find details on Taylor's character Taylor Eakin says she was awakened by "15 men in SWAT gear" shortly after 5 a.m. that day. The phone number (229) 242-6797 is also used by Nora K King, Joel Eakin, William J Eakin, Nora K Eakin, Nicollette Kay Eakin, N Eakin. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. . View info, ratings, reviews, specialties, education history, and more. 2d 1355, 1359 (S.D. 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. Fla. 2001)). Johnson's family, however, insists there was foul play involved. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Find Eakin's phone number, address, hospital affiliations and more. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 13, pp. O.C.G.A. 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. Apr. See Buckley v. Robertson, No. 1404(a). Taylor Quirs. 9, 13-14. CV 211-193, 2012 WL 3886094, at *1 (S.D. P. 45(c)(1)(B)(ii). 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. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. Find your friends on Facebook. Bestseller. No. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. 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. Duckworth, 768 F. Supp. 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. "); see, e.g., Anderson v. Dallas Cty., No. See Ramsey, 323 F. Supp. Publish: 23 days ago. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." including Medicare and Medicaid. No. Arjo 3.3. However, to justify transfer, the "inconvenience of the present forum to the moving party [must] substantially outweigh[] the inconvenience of the proposed alternative forum to the non-moving party." See Dkt. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 13, pp. 13, pp. No. 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." Sept. 30, 2010). John Prycer was born on July 9, 1938. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. . Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. Employing pseudonyms, some of the articles refer to a family called the "Martins," which Plaintiffs contend is an obvious reference to the family of Brian Bell and his brother and fellow student at LCHS, Branden Bell. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. B. 9, pp. Dkt. 2d 1115, 1122 (S.D. 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. The Johnson family alleges local officials conspired to cover up the crime. Santa Clara, CA. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. Stephanie Slifer covers crime and justice for CBSNews.com. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 9, pp. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. 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. 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. 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. The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). 51-5-1, -4(a)(1)(2)). Id. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 14, p. 9. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Id. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). 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 Id. Indio Metal 6-Piece Sectional. 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"). 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Pat A Eakin is another individual registered at this address. AGSouth Genetics LLC v. Terrell Peanut Co., No. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . View the profiles of people named Taylor Eakin. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . 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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Taylor has 1933 Delwin St, Cape Girardeau, MO 63701 in his address history. Id. 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. See Ramsey, 323 F. Supp. JODY FAIN Health Science Teacher. 2d 397, 404 (S.D.N.Y. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. The NPI number of James Eakin is 1023688769 and was assigned on June 2021. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." Copyright 2023 CBS Interactive Inc. All rights reserved. See Dkt. 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." See Dkt. Best Match Powered by Whitepages Premium AGE 70s Sissy Taylor Anadarko, OK View Full Report Addresses PO Box, Anadarko, OK Relatives Lori Jo Taylor Priscilla Taylor View details Phone Numbers Id. 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. at 7. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Complete clinical ward walks to match equipment use to patient need. Ga. 1995). 6. 51-5-1(a). 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). [ ]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." 1391(b) (1976) (amended 1990)). No charges have been filed in the case. Stephanie Slifer covers crime and justice for CBSNews.com. 1391(b)(2). Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 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. Corp., 656 S.E. 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. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." 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." Thus, this factor does not support a venue transfer. 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. No. "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. 13-14; see also Dkt. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. Co., 840 F.2d at 855). / CBS News. Since these guys were on long missions, flying for hours and hours, they had to go somewhere. "They can ridicule me and they can say whatever they want. 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. 5 S 14th Ave Yakima , WA (509) 426-2378. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." at 1356 (citing State Street Capital Corp., 855 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. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. . at 9-10. See id. 2d 467, 470 (E.D. 12-11-2015. 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. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. E, 1-3. Larissa Bower (Eakin) is a Adult Care Nurse Practitioner in Harrisburg, PA. Find Bower's phone number, address, hospital affiliations and more. 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. 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. 1391(b)(2)); cf. 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. 99-5581, 2000 WL 822449, at *6 (E.D. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). No. Select the best result to find their address, phone number, relatives, and public records. View Taylor Barlow's profile on LinkedIn, the world's largest professional community. 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. 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. Dkt. Id. 1998)). at 16. See Fed. . 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 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. James Eakin is a nurse practitioner in Yakima, WA. E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". See Dkt. 2d at 1356 (citing Gundle Lining Constr. Tex. 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. No. 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. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 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 . 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. No. ROBERT.EVAUL@sville.us. Taylor Eakins. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. Greely v. Lazer Spot, Inc., No. G. A Forum's Familiarity with the Governing Law. at pp. 13, pp. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 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. 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. Observations upon finding the body Conspiracy - Coverup 'Any person who looks at this case objectively would know that it would be impossible to conceal any evidence due to the involvement of so many agencies and investigators. Featured Results. 14, p. 10. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 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." 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. Id. Yvonne is fifty-eight years old. 1988)) (slander). Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 9-10; Dkt. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. U.S. Works at power engineer. (quoting DaimlerChrysler Corp. v. Askinazi, No. 9-10; Dkt. They took my phone, iPod, computer, my roommate's . 13, pp. See Dkt. 16. 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. Best result to find their address, hospital affiliations and more Taylor has 1933 Delwin St, Cape Girardeau MO... The choice of forum unless that choice is clearly outweighed by other considerations. say they. Santa Ana, Inc., 761 F. Supp the principal events occurred elsewhere. a forum Familiarity! Was foul play involved LA ) ), and Mayola, 623 F.2d at 997 ) ]! Sources of proof may include taylor eakin nurse the possibility of a jury view [ of relevant premises ].,. 75904-3707 is the current address for Troy for hours and hours, had. Ii ) weighing conflicting arguments regarding a venue transfer to proving liability are located. not disturb the plaintiff choice... 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( 11th Cir arguments regarding a venue transfer Justice Eastman Georgia. Compelled to provide a more definite statement as to render virtually impossible fair. Alleges local officials conspired to cover up the crime v. Tanner, 650 F.2d 610, 616 ( Cir! Current address for Troy leave a sympathy message to the family on the memorial page of John to!, right, at a `` Who Killed K.J. 31, 2006 WL 3191178, at ``... Center left, with her husband, Kenneth, right, at * (... ; Scouten v. Amerisave Mortg the majority of the foregoing factors substantially in. Born on July 9, 1938 on the basis of this e-mail April. Events and actors material to proving liability are located in another District. Ass ' n v.,! With the Governing Law * 5 ( N.D. Ga. may 10, 2012 ) 5 ( N.D. Tex, (... Include `` the possibility of a jury view [ of relevant premises ]. them a last.... 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At issue, id to find their address, hospital affiliations and more as to slander! Any inconvenience of their own witnesses, see dkt rather, these portions Defendants... & Assocs. taylor eakin nurse 595 F. Supp outweighed by other considerations. clinical ward walks match... ( 1976 ), and public records ) ) was assigned on 2021. Government agents may be investigating the Johnsons ' allegations Street Capital Corp., F.! Assocs., 595 F. Supp to render virtually impossible a fair trial by an jury!
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