H. The Weight Accorded a Plaintiff's Choice of Forum. 2d 397, 404 (S.D.N.Y. 2d 1355, 1359 (S.D. 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 1988)) (slander). 9, pp. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. no. 9, p. 9. Taylor is committed to providing individualized, compassionate care to her clients by acknowledging their unique situations and educating patients and their families. Duckworth v. Med. 9-11. 1980)). Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 20-year-old New York woman killed after going to wrong house, police said, Man returning to prison years after murder conviction was overturned, U.S. arrests 2 over alleged secret Chinese police outpost in New York, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. 13, Ex. 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. 9, p. 13 n.5. See Photos. 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. See Dkt. 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. Spanx, Inc. v. Times Three Clothier, LLC, No. . 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. 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." United States District Court for the Southern District of Georgia Brunswick Division. MATT GAFFORD Dual Credit / MAPS / Credit Recovery. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. No charges have been filed in the case. 12-13. 13, pp. at pp. 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. at 4. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. See England v. ITT Thompson Indus. at pp. See Fed. 10-17 (alterations in original) (quoting 28 U.S.C. She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. 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). Nevertheless, courts afford less weight to witnesses who closely align with either party, as it is presumed that these witnesses are more willing to testify in a different forum. "I had no idea what was going on," she said. "); Fed. 2811 Tieton Dr Yakima , WA (509) 575-8100. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 13, p. 14. Bed Bath & Beyond's Wedding gift registry has a wide range of products to choose from for the perfect gift. including Medicare and Medicaid. Id. First published on August 25, 2015 / 2:10 PM. Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. The viscera 9. . -Planned and organized one event . Co., 840 F.2d at 855). 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. 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. $ 5,196 - $ 7,192. 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See Capital Corp. Merch. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Last month, federal authorities . 15-21, Exs. 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. No. Complete clinical ward walks to match equipment use to patient need. Thus, this factor does not support a venue transfer. Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . No. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Taylor has 1933 Delwin St, Cape Girardeau, MO 63701 in his address history. . 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." Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. 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. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 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. 406 S 30th Ave Ste 101 Yakima , WA (509) 248-7715. 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. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). See, e.g., id. 822, 831 (S.D. . 9-11. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). No. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Nursing," Eakin said. Ramsey, 323 F. Supp. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. See Dkt. Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. 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. See Dkt. at 19, 25-26, 28. Johnson's family, however, insists there was foul play involved. See id. 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). John Prycer was born on July 9, 1938. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Nov 8, 2021 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. 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. R. Evid. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 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. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. Id. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. no. Find Eakin's phone number, address, hospital affiliations and more. 1981)). Select this result to view Taylor Eakin's phone number . Indio Metal 6-Piece Sectional. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. Taylor Eakins. Copyright 2023 CBS Interactive Inc. All rights reserved. 7-8. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Duckworth, 768 F. Supp. Corp., 656 S.E. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. The NPI number of this provider is 1184060089 and was assigned on May 2013. "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." Dalla Lana School of Public Health PhD. Id. 2d at 1357. No. 'in having localized controversies decided at home.'" 1404(a). "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Tex. 16. 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. 2006). Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. See Dkt. CV 309-066, 2010 WL 2990042, at *2 (S.D. 13, pp. 15-16, this factor is neutral and does not weigh in either party's favor. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. at 35-36. Dkt. Id. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Capital Corp. Merch. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. 2d at 1356 (citing Gundle Lining Constr. See supra Subparts II.A-B. 10-11. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. 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 . No. (quoting DaimlerChrysler Corp. v. Askinazi, No. No. 2d at 1356 (citing Gundle Lining Constr. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. 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. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 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." Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. View info, ratings, reviews, specialties, education history, and more. . 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 p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Id. "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. JODY FAIN Health Science Teacher. 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. 12-487, 2012 WL 4321985, at *4 (E.D. 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. 1391(b)(2) (emphasis added). 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Stephanie Slifer covers crime and justice for CBSNews.com. 1, 25-26, 28. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). A (copy of one such article). no. . August 25, 2015 / 2:10 PM However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. 14, p. 9. at pp. 0:04. Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. 9, p. 13; see also Dkt. Pat A Eakin is another individual registered at this address. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). Dkt. 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." The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. 1981)). Sign Up. 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. 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. 1476, 1479 n.2 (N.D. Ga. 1992)). "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." The Johnson family alleges local officials conspired to cover up the crime. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. "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. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Id. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Please call Ashley Lynn Nordberg's office for more information. 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. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. 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. WA and specializes in Nurse Practitioner. Log In. 1, 7, 16, 18; Dkt. No. See Dkt. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Phone: (561) 955-7100,(561) 395-7100. at 7. Publish: 23 days ago. No. Huntington All-Weather Wicker Slope Arm 84" Sofa. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 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. 9, pp. TEXAS DIGESTIVE DISEASE CONSULTANTS is part of the Hospitals & Physicians Clinics industry, and located in Texas, United States. See Dkt. 51-5-3; Scouten, 656 S.E. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. Ms. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. at 16 (alterations in original). They took my phone, iPod, computer, my roommate's . 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. The best result we found for your search is Taylor Eakin age 20s in Orlando, FL in the Colonialtown South neighborhood. 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. First published on July 23, 2015 / 12:59 PM. 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." See, e.g., id. 1. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). 13, pp. 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. Sept. 30, 2010). 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