"However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." 13, Ex. Taylor Elkins. James Eakin is a nurse practitioner in Yakima, WA. 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. . FEATURED PROVIDERS NEAR YOU. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." 13, Ex. No. Ga. 1995). Additional job details. 2d 1322, 1327 (M.D. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. . The NPI number of this provider is 1184060089 and was assigned on May 2013. 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. Thus, this factor does not support a venue transfer. 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. CIV.A. "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. Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. Id. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Please enter valid email address to continue. She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 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. 0 Review . Convenience of the witnesses is the most important factor to consider under Section 1404(a). See Dkt. Fla. 2010)). Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 1981)). 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. 9-1, 4 ("Upon information and belief, the documentary evidence is also located in the Middle District of Georgia."). 1404(a)). 1, 32, 40; Dkt. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. Id. 17-19. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. at 27. Both brothers confessed numerous times to the murder. TEXAS DIGESTIVE DISEASE CONSULTANTS is part of the Hospitals & Physicians Clinics industry, and located in Texas, United States. Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." P. 12(b)(3). Id. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. 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. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. 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. at 19, 25-26, 28. "); Fed. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." E, 1-3. 1998)). 2003). Corp., 844 F. Supp. -Planned creative and interactive events that encouraged team bonding and establishment of new relationships. 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." Relationship between Taylor Eakin and Kendrick Johnson 7. 99-5581, 2000 WL 822449, at *6 (E.D. Co., 844 F. Supp. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." Ramsey, 323 F. Supp. (emphasis added) (quoting 28 U.S.C. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 1988)) (slander). See Ramsey, 323 F. Supp. 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. 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." Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Last month, federal authorities . 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. 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. Renting a two bedroom apartment in the zip code 31606 may cost you $700 per month, PD&R says. no. CV 411-096, 2012 WL 170154, at *2 (S.D. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 'in having localized controversies decided at home.'" However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. EAKIN: The hospital administration was very intent on breaking up the union. Wai v. Rainbow Holdings, 315 F. Supp. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Publish: 23 days ago. 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." 9, p. 13; Dkt. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 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"). Id. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Sharp is reportedly closer to returning, but there is no timetable for his return. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. Russian court rejects appeal by U.S. reporter held on spying charges, High-stakes showdown between Dominion and Fox News set to begin in Delaware court, Russia says Putin has paid another visit to occupied ground in Ukraine, U.S. diplomatic convoy fired on in Sudan as intense fighting continues, Charges filed against homeowner in shooting of Black teen, Mexico president slams U.S. "spying" after 28 cartel members charged, Oklahoma officials accused of speaking of killing journalists, using racist language, Renowned climber Noel Hanna dies on Nepal's treacherous Annapurna, U.S. border officials records 25% jump in migrant crossings in March. at 18-20, 29, 38. 13, pp. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. Monday to Friday. Nos. Join Facebook to connect with Taylor Eakin and others you may know. Taylor has 1933 Delwin St, Cape Girardeau, MO 63701 in his address history. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." 2d 1115, 1122 (S.D. Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . 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." See Kravitz v. Niezgoda, No. No. $ 549 - $ 3,448. at 16. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. 9, p. 15. Copyright 2023 CBS Interactive Inc. All rights reserved. Id. Moreover, Plaintiffs lived in Valdosta when these events took place. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. at 7, 16, Exs. "The Court may not simply shift inconvenience from one party to the other." 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. Be first to . 9, p. 13 n.5. 1391(b) (1976) (amended 1990)). No. 9-10; Dkt. I. Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. Plaintiffs allege that the details in the KJ articles, as well as the public reports of the Lowndes County Sheriff's Office interviews, were sufficient to reveal their daughter's identity. Inc., 856 F.2d 1518, 1520 (11th Cir. . 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). 9, pp. 9-11. 9, pp. 822, 831 (S.D. See Dkt. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. See 28 U.S.C. R. Evid. 1, 7, 16, 18; Dkt. 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." Stool inevitably gets under the ring and compromises it. of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. 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