As a result, only Section 1391(b)(2) remains at issue. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 13, pp. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." 192, 197 (S.D. 9, p. 2 n.2. See England v. ITT Thompson Indus. 7-8 (citing DeLong Equip. $ 7,194 - $ 9,988. Corp. v. Fireman's Fund Ins. First published on August 25, 2015 / 2:10 PM. No. No. No. P. 45(c)(1)(B)(ii). Copyright 2023 CBS Interactive Inc. All rights reserved. 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. 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. 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. 1, 6. Nos. 1980)). Sherrie T. Eakin is a Family Nurse Practitioner in Lake Charles, LA. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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." 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. 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. 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. 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. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. She is affiliated with many hospitals including West Calcasieu Cameron Hospital, Christus St Patrick Hospital. See Dkt. View the profiles of people named Taylor Eakin. New patients are welcome. See, e.g., id. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 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"). No. See Dkt. Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") for an order dismissing Plaintiffs' Complaint for improper venue. / CBS News. View Taylor Barlow's profile on LinkedIn, the world's largest professional community. 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. R. Evid. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. 0:04. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. 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." Rick then allegedly contacted another FBI agent, who remains . Dkt. Bell threatened Johnson and later killed him. Pat A Eakin is another individual registered at this address. 4. 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 . Id. Id. 7-8. AFC Franchising, 2016 U.S. Dist. Dkt. 13, p. 13, fails to account for the inconvenience of Defendants' witnesses and, in any event, is not part of the inquiry under this factor. 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. People named Taylor Eakins. 2d 1115, 1122 (S.D. 2d at 1357). See Dkt. Id. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). "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." Taylor is a resident at 25330 Pulse Rd, Bell City, MO. No. 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. See Ramsey, 323 F. Supp. (citing Curry v. Gonzales, No. Dkt. Log In. Transaction Network v. Katz, 734 F. Supp. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Make your practice more effective and efficient with Casetexts legal research suite. Second, it appears that transfer would be in the interests of justice. 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. Lowest rating: 2. 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 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. 14, p. 9. 28 U.S.C. 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. Get browser notifications for breaking news, live events, and exclusive reporting. Additional job details. The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). R. Civ. 13, pp. 51-5-4. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. ROBERT.EVAUL@sville.us. CIV.A. Id. Previous commercial sales / clinical experience is desirable. 13, Ex. "I had no idea what was going on," she said. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). No. Complete clinical ward walks to match equipment use to patient need. 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). 13, p. 14. No charges have been filed in the case. 12-11-2015. 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 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. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 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. . 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. Greely v. Lazer Spot, Inc., No. 1163, 1166 (S.D. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. 1, 25-26, 28. See Dkt. Taylor Eakin. 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. at 35-36. at 197). 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. Now, it seems government agents may be investigating the Johnsons' allegations. School of Nursing Contact Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. Ga. May 28, 2010). Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. in which the claim arose." Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. no. Tex. 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." D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Ga. 1995). Dkt. at 4. Join Facebook to connect with Taylor Eakin and others you may know. No. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . It seems that a single locus of operative facts does exist in this case. JODY FAIN Health Science Teacher. Co., 840 F.2d at 855. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. Fla. 2010)). See supra Subparts II.A-B. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. 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 . 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. O.C.G.A. . Banking, Inc. v. Corp. Colocation, Inc., No. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. "); Fed. No. 2 93, 294 (S.D. . In both cases, the publication of the libelous or slanderous statement is essential to recovery. 13, p. 15. Dkt. Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . 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. United States District Court for the Southern District of Georgia Brunswick Division. 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. Eakin: I have a urinal from a B-52 bomber. Renting a two bedroom apartment in the zip code 31606 may cost you $700 per month, PD&R says. 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. 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 Dkt. 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. Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. 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. "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. But the line of questioning was intense. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." 1. Dkt. at 831 (citing Elec. No. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 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. at 1166). CIV.A. The organization is PHYSICIAN GROUP OF UTAH INC. 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. beamqueen.tbug@gmail.com is a possible email address for Taylor. 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. Yvonne is a resident at 683 Wing Ter, Deltona, FL 32725-7037. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. E. 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