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." 09 Civ. N Stephanie Slifer covers crime and justice for CBSNews.com. See Photos. 1, 5-6, 30. 15-21. The most common diseases leading to the formation of a stoma are bowel or bladder cancer, inflammatory bowel disease and diverticulitis; stomas are also formed as a . Get browser notifications for breaking news, live events, and exclusive reporting. at 16 (alterations in original). 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. Id. Please call Ashley Melcher's office for more information. Id. See 28 U.S.C. MATT GAFFORD Dual Credit / MAPS / Credit Recovery. Superintendent Dixon, We, the undersigned educators, and proud members of the Columbus Education Association, call upon your Administration to immediately institute a two-week temporary remote learning pause to get us through the worst of the current COVID-19 Omicron surge. 13-15; Dkt. Ramsey, 323 F. Supp. 13-14; see also Dkt. Ala. Apr. Id. 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.'" 2d at 1357. 1391(b)(2). McRae v. Perry, No. Please enter valid email address to continue. 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). / CBS News. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 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. Featured Results. Sisterhood Chair. The suit also alleges local officials tried to cover up the crime. 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." 13, p. 13. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. at 14-15. Facebook gives people the power to. 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 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. "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. 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. Additional job details. 9-10; Dkt. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. "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. The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. No. 10-17 (alterations in original) (quoting 28 U.S.C. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Dkt. Id. 1012 Pershing Aven, Lufkin, TX 75904-3707 is the current address for Troy. 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). 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. 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. The Johnson family alleges local officials conspired to cover up the crime. See, e.g., id. No. 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. The practitioner's primary taxonomy code is 363LP0808X with license number . RATINGS AND REVIEWS Erin. Ga. Dec. 17, 2008)). No. See Photos. 13, p. 14. at 9-10. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Inc., 856 F.2d 1518, 1520 (11th Cir. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. Taylor Quirs. Publish: 23 days ago. 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. CV 411-096, 2012 WL 170154, at *2 (S.D. See Smith v. Dollar Tree Stores, Inc., No. 9-10; Dkt. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 1, 1. No. Id. JODY FAIN Health Science Teacher. or. "); Fed. Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. at 35-36. Fla. 2010)). 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. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). People named Taylor Eakins. 1, 32, 40; Dkt. Phone: (561) 955-7100,(561) 395-7100. 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. Id. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. 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). 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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. Greely v. Lazer Spot, Inc., No. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Nursing," Eakin said. I. . at 7, 16, Exs. See id. in which the claim arose." 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. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. See Dkt. A court "must not disturb the plaintiff's choice of forum unless that choice is clearly outweighed by other considerations." 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). at 7-8; see, e.g., id. 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. Id. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 2d 561, 568 (D. Vt. 2004)); see also TruServ Corp. v. Neff, 6 F. Supp. Rule 45(c)(1) thus grants this Court the power to subpoena witnesses living in Valdosta to attend a trial in Brunswick. Simbaqueba v. U.S. Dep't of Def., No. 2003)). WA and specializes in Nurse Practitioner. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. Co., 840 F.2d at 855). R. Evid. Bestseller. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. "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. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. 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. Co., 840 F.2d at 855. Taylor Eakins. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 9, pp. Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. No. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. As a result, only Section 1391(b)(2) remains at issue. 2d at 1356 (citing Gundle Lining Constr. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. at 1479). Id. . Id. The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. 13, pp. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . Second, it appears that transfer would be in the interests of justice. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 1981)). Rosen is a resident of New York and works as a journalist. Dkt. 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. Spanx, Inc., 2013 WL 5636684, at *2. 1994)). 'Injury in conjunction with another event, however, may make a district a proper venue.'" Family and friends can send flowers and condolences in memory of the loved one. 9-1, 3. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. No. 28 U.S.C. 9, p. 13; see also Dkt. Ga. 1991) (quoting Elec. Transaction Network, 734 F. Supp. at 1480). Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). They took my phone, iPod, computer, my roommate's . Taylor is a lifelong resident of the Connecticut shoreline. at 197). 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. 0:04. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. 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. No. 51-5-1(a). Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." We found 10 records for Sissy Taylor in OK, NC and 6 other states. (Female) 1 A sole proprietor/sole proprietorship is an individual, and as such, is eligible for a single NPI number. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Dalla Lana School of Public Health PhD. Find Providers by Specialty Find Providers by Procedure . Id. FEATURED PROVIDERS NEAR YOU. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. See id. @taylor.eakins.9. Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. Morgan v. N. MS Med. at Ex. United States District Court for the Southern District of Georgia Brunswick Division. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 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. Bestseller. Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 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." WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. No. at 27. 2d 397, 404 (S.D.N.Y. CIV.A. . "I had no idea what was going on," she said. No. DeLong Equip. Id. Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Id. The FBI states unequivocally . See Ramsey, 323 F. Supp. at 9-10, 16. Id. Duckworth, 768 F. Supp. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). No. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Stephanie Slifer covers crime and justice for CBSNews.com. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. The viscera 9. Thus, as Defendants acknowledge, see dkt. Stool inevitably gets under the ring and compromises it. . G. A Forum's Familiarity with the Governing Law. Id. 9, p. 13; Dkt. See id. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 1391(b)(2)); cf. 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 . Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. 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. See Dkt. 9, p. 2 n.2. Duckworth, 768 F. Supp. No. 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. 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. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. See Dkt. Spanx, Inc., 2013 WL 5636684, at *5. Lowest rating: 2. No. See . 1, 6. 2015 CBS Interactive Inc. All Rights Reserved. See Dkt. See Dkt. Join for. 9-11. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 2d at 1356-57 (finding that the defendant's witnesses, including law enforcement personnel and others involved in the investigation of a murder, were "key witnesses" whose testimony at trial could shed light on the falsity and malice of the defendant's statements suggesting that the plaintiffs were involved in said murder). Works at power engineer. Ga. 1995). Dkt. Id. See Jenkins Brick Co., 321 F.3d at 1372. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. See O.C.G.A. Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. CV 309-066, 2010 WL 2990042, at *2 (S.D. 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 9-10, 15. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. . Autopsies 8. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 2d 1261, 1268 (S.D. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 7-8. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Find your friends on Facebook. Because the locus of operative facts lies in Valdosta, as discussed in Subpart II.D, the Middle District of Georgia has an inherent interest in having this localized controversy decided in that forum. 1404(a)). 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. Enrolled with Centers for Medicare & amp ; Medicaid Services ( CMS ) Charles, Louisiana Aven, Lufkin TX. Corp. v. Neff, 6 F. Supp ( quoting Moore, 41 F..... Force trauma to the neck Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045 Dating. Cv 309-066, 2010 WL 2990042, at * 5 ( N.D. Ga. 16. Ashley Melcher & # x27 ; s primary taxonomy code is 363LP0808X with license number statements... Alterations in original ) ( quoting Gulf Oil Corp., 74 F.3d 253 260... 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District Court for the Southern District of Georgia No idea what was going on, & ;! Georgia Brunswick Division the Middle District of Georgia Brunswick Division resident of the key witnesses to testify in this reside. ) favor a transfer of venue, this harm, coupled with '. Wood, CHIEF JUDGE United States District Court for the Middle District of Georgia F.2d 1518 1520...