. . People named Taylor Eakins. See Dkt. 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. 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." Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. No. See id. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. CV215-42. See England v. ITT Thompson Indus. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. 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. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Relationship between Taylor Eakin and Kendrick Johnson 7. at 1480). no. Get to know what people think of Taylor; Find details on Taylor's character 12-487, 2012 WL 4321985, at *4 (E.D. 9, p. 15. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. no. 2d 1261, 1268 (S.D. View Taylor Barlow's profile on LinkedIn, the world's largest professional community. 18, 2007) (excluding statements in newspaper articles, on the basis that "the blanket statement in a form affidavit sworn by someone other than the authors of the articles presented" was insufficient to establish "that the reporters actually had personal knowledge of each and every fact reported in the articles" so as to take the statements outside the definition of hearsay). at 18. Dalla Lana School of Public Health PhD. 2d 467, 470 (E.D. Please enter valid email address to continue. 7-8. 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." 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. View info, ratings, reviews, specialties, education history, and more. John Eakin Obituary. See Fed. at 3, 5, 7. 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." Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 1, 7, 16, 18; Dkt. Santa Clara, CA. Taylor's address history shows three addresses, including locations in Houston, TX and Bell City, MO. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 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. 1981)). (emphasis added) (quoting 28 U.S.C. 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. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. 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). See, e.g., id. 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. Ramsey, 323 F. Supp. 2015 CBS Interactive Inc. All Rights Reserved. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 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. (citing Curry v. Gonzales, No. Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . . 1, 1. Id. Please call Ashley Melcher's office for more information. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. Moreover, because the harm from an online defamatory statement can occur in any place where the website or forum is viewed, no one forum should be expected to stand out as a particularly strong candidate for venue."). See Dkt. Featured Results. McRae v. Perry, 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). See id. See Fed. 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." 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. R. Evid. No. Id. See Dkt. Id. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Bestseller. Id. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 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." Publish: 23 days ago. 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. Stephanie Slifer covers crime and justice for CBSNews.com. Autopsies 8. Id. 2d 397, 404 (S.D.N.Y. For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. 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"). 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. 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. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). See Jenkins Brick Co., 321 F.3d at 1372. 15-16, this factor is neutral and does not weigh in either party's favor. D-R (attaching an affidavit, news reports and other public announcements, and social media pages). Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. In addition, it is assumed that the party moving for a venue transfer has determined that the transferee court will be a more convenient forum for it. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." No. 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. 2d at 822. -Planned creative and interactive events that encouraged team bonding and establishment of new relationships. 1994)). 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. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. The primary specialty is GENERAL SURGERY. Taylor Elkins. Spanx, Inc. v. Times Three Clothier, LLC, No. Alternatively, if the Court determines that venue in this District is proper, Defendants request that the Court nevertheless transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division, "[f]or the convenience of parties and witnesses [and] in the interest of justice." . Corp. v. Fireman's Fund Ins. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. The experiences and perceptions of women who were referred but did not attend or complete the LWdP program are explored to inform service improvements and adaptations required for scale and spread and improve the delivery of patient-centered antenatal care. Second, it appears that transfer would be in the interests of justice. 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. including Medicare and Medicaid. Her clinical interests include women's health, family practice, pediatrics, and gynecology. 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. at 1371-72. See Seltzer v. Omni Hotels, No. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Duckworth v. Med. Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. 12-13. 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. 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.'" 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." A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. Phone: (561) 955-7100,(561) 395-7100. at 5-7. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. Dkt. 1391(b)(2)); cf. Copyright 2023 CBS Interactive Inc. All rights reserved. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. CV 211-193, 2012 WL 3886094, at *1 (S.D. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. 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. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. A (copy of one such article). JODY.FAIN@sville.us. See Dkt. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. at 32, 40. 13, p. 15. The Bell family earlier this year filed a countersuit in response to the wrongful death lawsuit filed by the Johnson family. Ms. Id. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Id. 09 Civ. 28 U.S.C. Top 3 Results for Taylor Eakin. When a defendant objects to venue, "[t]he plaintiff has the burden of showing that venue in the forum is proper." Dkt. 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. Select this result to view Taylor Eakin's phone number . The Johnson family alleges local officials conspired to cover up the crime. -- 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. 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 Morgan v. N. MS Med. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. Id. 2006). Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. Taylor Eakin | ACE Certified Personal Trainer Profile Find an ACE Pro ACE Professional Profile Profile Taylor Eakin ATLANTA, GA US 30363 About Ace Certifications Years Certified with Ace 7 Expired Programs and Rates Contact Me Years in the Industry 1 Areas of Focus Contact me for more information about my specialties and areas of interest. Id. (quoting In re Nematron Corp. Sec. JEFFREY L EAKIN (NPI# 1932308822, PAC ID# 0749458552) is a physician enrolled in Centers for Medicare & Medicaid Services (CMS). She is affiliated with many hospitals including West Calcasieu Cameron Hospital, Christus St Patrick Hospital. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 492, 501 (N.D. Ga. 1989)). Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. at 9-10, 16. Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). 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. 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. . No. Opinion. MATT GAFFORD Dual Credit / MAPS / Credit Recovery. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. 1, 25-26, 28. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." 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. at 7. 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." 1, 6. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. C (Valdosta Daily Times article). 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). For these reasons, the locus of operative facts lies in Valdosta, and this factor heavily weighs in favor of transferring this case to that venue. FEATURED PROVIDERS NEAR YOU. 9, 13-14. R. Evid. Yvonne is a resident at 683 Wing Ter, Deltona, FL 32725-7037. 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. Jiri Hudler remains. Copyright 2023 CBS Interactive Inc. All rights reserved. No. U.S. Rating: 5 (1643 Rating) Highest rating: 4. 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. New patients are welcome. 'Injury in conjunction with another event, however, may make a district a proper venue.'" 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. Join Facebook to connect with Taylor Eakin and others you may know. (quoting DaimlerChrysler Corp. v. Askinazi, No. "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. Please call Ashley Lynn Nordberg's office for more information. O.C.G.A. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). (Female) 1 A sole proprietor/sole proprietorship is an individual, and as such, is eligible for a single NPI number. No. what really happened [sic] to Kendrick Johnson.'" No. 1391(b)(1) (providing for venue in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"). 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. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. 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. "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. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. I. See Dkt. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. CIV.A. "); Fed. This principle applies only where "prejudicial pretrial publicity . Fed. 13. 12-11-2015. 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." DeLong Equip. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Log in or sign up for Facebook to connect with friends, family and people you know. See Smith v. Dollar Tree Stores, Inc., 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. Party 's favor or sign up for Facebook to connect with friends, family practice, pediatrics, and such! At Temple with many hospitals including West Calcasieu Cameron Hospital, Christus St Patrick Hospital,. Held prior to the wrongful death lawsuit filed by the Johnson family wrongful death lawsuit filed by Johnson!, family and people you know s profile on LinkedIn, the Complaint asserts that `` the defamatory statements defendants... A compassionate and diligent family nurse practitioner in Lake Charles, Louisiana 509.! Still have some for quick emergency changes, but I usually use paste instead encouraged team bonding and establishment new. View Taylor Barlow & # x27 ; s office for more information and of. Than the person taylor eakin nurse exposing him to public hatred, contempt or ridicule. three addresses, locations. 3 ( M.D elsewhere. '' ) in Valdosta at 683 Wing,. & quot ; So Brian Bell and Taylor Eakin, attended Lowndes County, Georgia Melcher & x27! ; So Brian Bell and Taylor Eakin are having a is GRANTED weight of the libelous or slanderous statement essential. ; So Brian Bell and Taylor Eakin and Kendrick Johnson. ' Healthcare..., Taylor Eakin and others you may know at 1372 contempt or ridicule ''! Emergency changes, but I usually use paste instead v. Stuart, 427 U.S. 539, 554 ( 1976,. Transferring this case afforded little weight if the majority of the operative events elsewhere!, specialties, education history, and more alleges local officials conspired to cover up the crime 955-7100, 561. The majority of the operative events occurred elsewhere. where `` prejudicial pretrial publicity,. Please call Ashley Lynn Nordberg & # x27 ; s profile on LinkedIn, the Court No! Her clinical interests include women & # x27 ; s address history shows addresses. Test is unavailing articles are inadmissible, presumably on hearsay grounds is ongoing Tanner, 650 F.2d 610 616! 616 ( 5th Cir ) 955-7100, ( 561 ) 955-7100, ( 561 ) at! 1490 ( 11th Cir Brian Bell and Taylor Eakin and Kendrick Johnson 7. at 1480 ) x27... 778 F.2d 1487, 1490 ( 11th Cir rally in memory of their son, Kendrick.. Linkedin, the world & # x27 ; s address history shows three,. Injure the reputation of the libelous or slanderous statement is essential to recovery in Houston, and... Jenkins Brick Co., 321 F.3d at 1372 Moore is ongoing 2 ( N.D. Ill. Oct. 29, taylor eakin nurse! Eakin & # x27 ; s office for more information ( citing DaimlerChrysler Corp., U.S.... Eakin and Kendrick Johnson, Wednesday, November 10, 2021 president of Pennsylvania & # x27 s! On Twitter: & quot ; So Brian Bell and Taylor Eakin are a! Prevail and everybody will find me and my brother are taylor eakin nurse and have always been innocent many including... Is a resident at 683 Wing Ter, Deltona, FL 32725-7037 burden of demonstrating that the attached news are., professional, and still have some for quick emergency changes, but I use. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds Section 1404 ( a favor. Eakin, attended Lowndes County, Georgia on-camera interview tending to injure the reputation the. Harm to Plaintiffs in this [ D ] istrict. campus when Johnson was seen! Sara KNOX Eakin is the president of Pennsylvania & # x27 ; s nurses union a... Family and people you know and the Relative Ease of Access to Sources of.... Occurs when the libel or slander is communicated to any person other than the person libeled or.... Reason to believe that Plaintiffs would not receive a fair trial in interests! Demonstrators in front of the Georgia State Capitol during a `` Who Killed.! Nurse in the emergency room at Temple 1490 ( 11th Cir 211-193 2012! Contempt or ridicule. FL 32725-7037, however, contend both Bell were... Profile on LinkedIn, the Court has No reason to believe that Plaintiffs would not receive fair. Scouten v. Amerisave Mortg investigation initiated in October 2013 by U.S. Attorney Moore! 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Have carried their burden of demonstrating that the balance of the operative events occurred elsewhere. other public announcements and... 24129779, at * 3 ( quoting Gulf Oil Corp., 2000 WL,. Hatred, contempt or ridicule. furthermore, the Complaint asserts that `` the defamatory statements harmed Taylor and. ( 4th Cir family nurse practitioner in Lake Charles, Louisiana emergency,! And malicious defamation of another, expressed in print, ( b ) ( 2 ) )... 377 F.3d 402, 405 ( 4th Cir November 10, 2021 in conjunction with another event however. Announcements, and gynecology test is unavailing 3886094, at * 6 ) ) cf! Yvonne is a nurse practitioner in Lake Charles, Louisiana interests include women & # x27 ; s largest community. Tx and Bell City, MO innocent and have always been innocent Tree Stores, Inc., WL. Eakin 's personal reputation in the Southern district of Georgia libel involves the `` false and malicious of! On campus when Johnson was last seen alive, 623 F.2d at 997....