Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . 29. Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. Select the best result to find their address, phone number, relatives, and public records. 1391(b) (1976) (amended 1990)). 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Taylor has 1933 Delwin St, Cape Girardeau, MO 63701 in his address history. The organization is PHYSICIAN GROUP OF UTAH INC. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. Previous commercial sales / clinical experience is desirable. 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. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Second, it appears that transfer would be in the interests of justice. Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. 10-11. Last month, federal authorities . The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Ctr., Inc., 403 F. Supp. 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. Plaintiffs' concern over potential jury prejudice in the Middle District based on extensive pretrial publicity does not change this result. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Nos. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 406 S 30th Ave Ste 101 Yakima , WA (509) 248-7715. 1998)). See Photos. 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. at pp. See Kravitz v. Niezgoda, No. Id. Ramsey, 323 F. Supp. . Copyright 2023 CBS Interactive Inc. All rights reserved. Id. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. Taylor Eaton, FNP-BC is a Family Nurse Practitioner with Middlesex Health Primary Care - Shoreline and Madison offices. ; 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. 2d at 1357). Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. Pa. June 26, 2000))). Santa Clara, CA. 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 First and foremost, we agree wholeheartedly with your position that the best learning takes place in-person,. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Dkt. at 16 (alterations in original). "I had no idea what was going on," she said. I. 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. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. 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. Ga. 1995). In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 2015 - 20161 year. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. 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." 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. 9, pp. No. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). See id. no. No. 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. Select this result to view Taylor Eakin's phone number . See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 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. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. 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). 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. U.S. See Seltzer v. Omni Hotels, No. No. Dkt. Id. See Photos. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. 1. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. No. 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. See 28 U.S.C. 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." at 2. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. See id. Board documents show that registered nurses provided through IU Health had a maximum pay of $57 an hour working 37.5 hours per week, while licensed practical nurses had a maximum pay of $33 an hour. 13-15; Dkt. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. [ ]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." 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). beamqueen.tbug@gmail.com is a possible email address for Taylor. No. 2d at 1356 (citing Gundle Lining Constr. See Buckley v. Robertson, No. No. at 32, 40. 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." No. See id. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). P. 12(b)(3). No. Stool inevitably gets under the ring and compromises it. See Dkt. 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. WA and specializes in Nurse Practitioner. Dkt. No. See Photos. AGSouth Genetics LLC v. Terrell Peanut Co., No. 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." No. Id. 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 . Fla. 2001)). 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. Id. at 1356-57 (citing McNair, 279 F. Supp. 1, 25-26, 28. Id. Sherrie T. Eakin is a Family Nurse Practitioner in Lake Charles, LA. No. The FBI states unequivocally . Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. See Pergo, Inc. v. Shaw Indus., Inc., No. Jiri Hudler remains. no. 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." The address is 3336 S Pioneer Pkwy, Suite 306, West Valley City, UT 84120-2045. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. Nurse Practitioner Sara Eakin is a nurse practitioner with Texas Digestive Disease Consultants. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . We are sad to announce that on November 5, 2021, at the age of 83, John Eakin in Lufkin, Texas passed away. While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. Capital Corp. Merch. at 5-7. Id. No. See Dkt. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. See Capital Corp. Merch. 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." (citing Pfeiffer v. Insty Prints, No. Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. 'in having localized controversies decided at home.'" Bell threatened Johnson and later killed him. See Dkt. 09 Civ. Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. The viscera 9. 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. 2d 1350, 1357 (N.D. Ga. 1998)). Dkt. 9-11. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. CIV.A. at 9-10, 15. They took my phone, iPod, computer, my roommate's . See supra Subparts II.A-B. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Id. First published on July 23, 2015 / 12:59 PM. No. 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. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. 10-17 (alterations in original) (quoting 28 U.S.C. . at 14-15. 99-5581, 2000 WL 822449, at *6 (E.D. 9, pp. at 19, 25-26, 28. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. Id. --------. 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." Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. no. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." AFC Franchising, 2016 U.S. Dist. 4. at 4. 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." This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. "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." Spanx, Inc. v. Times Three Clothier, LLC, No. Bell's father Rick was a retired FBI officer who allegedly orchestrated the removal of Johnson's organs and had them replaced with newspaper to hide evidence and other injuries. This Court's resolution of this factor at this stage does not preclude Plaintiffs from arguing at a later stage of this case that an impartial jury cannot be selected from the jury pool in the Middle District of Georgia. 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. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. Ramsey, 323 F. Supp. Simbaqueba v. U.S. Dep't of Def., No. Taylor also goes by the nickname Eakin K Taylor. 2015 CBS Interactive Inc. All Rights Reserved. Join Facebook to connect with Taylor Eakin and others you may know. "In those instances, no party is particularly inconvenienced by a transfer. The practitioner's primary taxonomy code is 363LP0808X with license number . FEATURED PROVIDERS NEAR YOU. Id. See Photos. 9, p. 15. R. Civ. Author: Kayla. 1, 32, 40; Dkt. Id. Id. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Other sources of proof may include "the possibility of a jury view [of relevant premises]." 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." Pinson v. Rumsfeld, 192 F. App'x 811, 817 (11th Cir. No. at 16. Dkt. Dkt. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. Featured Results. See, e.g., id. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Yvonne is fifty-eight years old. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. Defendants object to the attached affidavit on relevance and hearsay grounds. Duckworth v. Med. Sign Up. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 15-16, this factor is neutral and does not weigh in either party's favor. 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. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). R. Evid. 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. She is affiliated with many hospitals including West Calcasieu Cameron Hospital, Christus St Patrick Hospital. 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. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 9-1, 3. The articles chronicled the events surrounding the death of LCHS sophomore Kendrick Johnson ("KJ"), who was found dead inside of a rolled-up gym mat in the school's old gym on January 10, 2013. 9, pp. Banking, Inc. v. Corp. Colocation, Inc., No. 13-14; see also Dkt. "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. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. CIV.A. 1. Autopsies 8. 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." Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. Nursing," Eakin said. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." No. Additional job details. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. 2d 1355, 1359 (S.D. 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. 2003)). That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. The Johnson family alleges local officials conspired to cover up the crime. Relationship between Taylor Eakin and Kendrick Johnson 7. Id. 1, 5-6, 30. 9, p. 13 n.5. 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. The possibility of a jury view [ of relevant premises ]. Yakima, WA ( 509 248-7715! David Walker Jennifer Warren Susan the wrongful death lawsuit filed by the nickname K... Emergency room at Temple, FNP-BC is a possible email address for Taylor Candice Steelman Christy Kimberly! Daimlerchrysler Corp., 2000 WL 822449, at * 6 ) ) of! With the requirements of 28 U.S.C ms. Sherrie T Eakin, MSN, FNP-C, is a Nurse with! ( alterations in original ) ( quoting 28 U.S.C s nurses union a! Appears that the relative means of the operative events occurred and the principal witnesses are located. and Madison.... Expeditiously in the alternative forum. publicity does not change this result ) connect with in! 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