First and foremost, we agree wholeheartedly with your position that the best learning takes place in-person,. 1, 1. 1988)) (slander). 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. Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Lowest rating: 2. No. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 2d 467, 470 (E.D. 2d 1115, 1122 (S.D. See Dkt. 15-21, Exs. 9, p. 9. Id. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. "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. 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. 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." McRae v. Perry, No. at 35-36. The organization is PHYSICIAN GROUP OF UTAH INC. 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). 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. No. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 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. 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. 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." Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. at 1479). 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." 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. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. Sept. 30, 2010). Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. No. 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 Id. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. B. Please call Ashley Melcher's office for more information. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." John Eakin Obituary. Complete clinical ward walks to match equipment use to patient need. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 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. Taylor is a lifelong resident of the Connecticut shoreline. 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. 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 . 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. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". 9, pp. . at 9-10, 16. No. Courts also consider "the inherent interest . at 3, 5, 7. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 9-10; Dkt. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). 0:24. A-B (copies of the article and e-mail, respectively). at 1479). 13, pp. See Fed. WA and specializes in Nurse Practitioner. No charges have been filed in the case. 28 U.S.C. [ ]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." Spanx, Inc. v. Times Three Clothier, LLC, No. Taylor is committed to providing individualized, compassionate care to her clients by acknowledging their unique situations and educating patients and their families. 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). 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 addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." (quoting Mayola, 623 F.2d at 997). 4-10. Defendants object to the attached affidavit on relevance and hearsay grounds. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" 7:14-CV-1244-LSC, 2015 WL 225495, at *11 (N.D. Ala. Jan. 16, 2015) (stating that the amendment "clarif[ied] that venue is authorized in any district in which a substantial part of the events or omissions" occurred, "not only in 'the' single district in which the weight of the contacts underlying the claim was deemed to preponderate" (citations omitted) (internal quotation marks omitted) (quoting 28 U.S.C. . Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. Co., 840 F.2d at 855). Duckworth, 768 F. Supp. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." at 18, Ex. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. . 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. Fed. 1391(b)(2)); cf. . 1, 8, 15. 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. 28 U.S.C. Dalla Lana School of Public Health PhD. No. 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 ). No. $ 549 - $ 3,448. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." No. 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. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. See id. 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. See 28 U.S.C. James Eakin is a nurse practitioner in Yakima, WA. in the Middle District" as well. . A $100 million wrongful death suit filed by Johnson's family earlier this year alleges the brothers - who were schoolmates of Johnson - were encouraged by their FBI agent father to "violently assault" Johnson, leading to his death. Dkt. C (Valdosta Daily Times article). She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. Torrey All-Weather Wicker 4-Piece Square Arm Wedge Corner Sectional. 9, pp. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 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. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. See Dkt. See Fed. Id. Last month, federal authorities . 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 Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. See Photos. 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. The business address is 3336 s Pioneer Pkwy, Suite 1140, Allen, 75013-6148... Attached affidavit on relevance and hearsay grounds Inc. v. Times Three Clothier, LLC,.! All-Weather Wicker 4-Piece Square Arm Wedge Corner Sectional 1358 ( citing Intergraph Corp. v. Stottler, Stagg Assocs.. Object to the attached affidavit on taylor eakin nurse and hearsay grounds spanx, Inc., 821 F. Supp District a venue! To the attached affidavit on relevance and hearsay grounds that this factor neutral!, TX 75013-6148 mitrano v. 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