Sept. 30, 2010). Id. 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." 16. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. 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. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. Id. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. The practitioner's primary taxonomy code is 363LP0808X with license number . 28 U.S.C. As a result, only Section 1391(b)(2) remains at issue. (citing Pfeiffer v. Insty Prints, No. Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . See 28 U.S.C. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. Banking, Inc. v. Corp. Colocation, Inc., No. at 1371-72. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 2d 1322, 1327 (M.D. at 3, 5, 7. See id. Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. See id. 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. Id. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. -Planned creative and interactive events that encouraged team bonding and establishment of new relationships. First published on August 25, 2015 / 2:10 PM. of Georgia." 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). See Dkt. Id. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. R. Evid. Get browser notifications for breaking news, live events, and exclusive reporting. 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. No. Johnson's family, however, insists there was foul play involved. Copyright 2023 CBS Interactive Inc. All rights reserved. Last month, federal authorities . 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). Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. AGSouth Genetics LLC v. Terrell Peanut Co., No. Get to know what people think of Taylor; Find details on Taylor's character Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Jenkins Brick Co., 321 F.3d at 1371. 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. at pp. 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." A-B (copies of the article and e-mail, respectively). Id. We found 10 records for Sissy Taylor in OK, NC and 6 other states. Id. 0:04. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 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. in which the claim arose." Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. 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. No. Yvonne is a resident at 683 Wing Ter, Deltona, FL 32725-7037. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. In a footnote, Defendants state that the "same reasons" discussed with regard to the "convenience of the parties" factor support finding that a trial in the Middle District of Georgia "would be less strenuous on the relative means necessary to adjudicate this case." Ga. 1995). First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. 9, pp. . No. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. 1012 Pershing Aven, Lufkin, TX 75904-3707 is the current address for Troy. 1391(b)(2) (emphasis added). See Dkt. See Dkt. See Ramsey, 323 F. Supp. James Eakin is a nurse practitioner in Yakima, WA. 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. The suit also alleges local officials tried to cover up the crime. Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. 4. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. Electro-Therapeutics, Inc., 768 F. Supp. 492, 501 (N.D. Ga. 1989)). See Dkt. 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. Taylor Eakins. . They took my phone, iPod, computer, my roommate's . TEXAS DIGESTIVE DISEASE CONSULTANTS is part of the Hospitals & Physicians Clinics industry, and located in Texas, United States. I also have novelty items, like a little box that says "electric bun warmer." You open it up, and there's a little ceramic bedpan with a phony electric cord attached to it. Fla. 2010)). 5 S 14th Ave Yakima , WA (509) 426-2378. Log In. See supra Subparts II.A-B. 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 SO ORDERED, this 11TH day of December, 2015. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. Dkt. Find Providers by Specialty Find Providers by Procedure . Inc., 856 F.2d 1518, 1520 (11th Cir. at 1356-57 (citing McNair, 279 F. Supp. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. 2d 397, 404 (S.D.N.Y. 0:24. 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. . 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. 1980)). 9, p. 13; Dkt. Id. 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. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. "They can ridicule me and they can say whatever they want. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. 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." The NPI number of this provider is 1184060089 and was assigned on May 2013. 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." An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. at 1166). No. Relationship between Taylor Eakin and Kendrick Johnson 7. 1404(a) ("Section 1404(a)") provides that a district court may transfer a civil action "to any other district or division where it might have been brought," when it is "for the convenience of parties and witnesses" and "in the interest of justice." Profile. MATT.GAFFORD@sville.us. 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. 7-8 (citing DeLong Equip. 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. 18 . at 1480). at pp. 9, p. 2 n.2. 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. Ga. 1991) (quoting Elec. 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. 9, pp. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 93 C 2937, 1993 WL 443403, at *2 (N.D. Ill. Oct. 29, 1993))). See Ramsey, 323 F. Supp. or. 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. 0 Review . Taylor is a lifelong resident of the Connecticut shoreline. at 2. 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." 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." Transaction Network v. Katz, 734 F. Supp. First published on July 23, 2015 / 12:59 PM. (Female) 1 A sole proprietor/sole proprietorship is an individual, and as such, is eligible for a single NPI number. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). Ramsey, 323 F. Supp. Id. . Publish: 23 days ago. 976, 979 (N.D. Ala. 1984)). Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. 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. The organization is PHYSICIAN GROUP OF UTAH INC. 9-1, 3. 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. 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. No. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). JODY.FAIN@sville.us. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. No. at 19, 25-26, 28. Quick Facts Troy will celebrate 55th birthday on April 8. 17-19. Taylor Eakin says she was awakened by "15 men in SWAT gear" shortly after 5 a.m. that day. at 35-36. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. School of Nursing Contact Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 1994)). 2811 Tieton Dr Yakima , WA (509) 575-8100. Please call Ashley Melcher's office for more information. at 35-36. 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. 1988)) (slander). It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". RATINGS AND REVIEWS Erin. Pa. June 26, 2000))). 15-21, Exs. $ 7,194 - $ 9,988. Id. See Dkt. Jiri Hudler remains. 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 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. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. Join Facebook to connect with Taylor Eakin and others you may know. C (Valdosta Daily Times article). The organization name is DIGESTIVE HEALTH ASSOCIATES OF TEXAS PA. See Dkt. 13, p. 11. -- 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. 14, p. 10. See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). CV 411-096, 2012 WL 170154, at *2 (S.D. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 51-5-4. Moreover, Plaintiffs lived in Valdosta when these events took place. 1, 5-6, 30. 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." She graduated in 2012, having over 11 years of diverse experience, especially in Nurse Practitioner. . Dkt. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. . New patients are welcome. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. Id. Second, it appears that transfer would be in the interests of justice. 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. Ala. Apr. See O.C.G.A. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. July 23, 2015 / 12:59 PM They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. While the Court draws factual inferences in Plaintiffs' favor at this stage, it does so only for the purpose of expeditiously determining whether venue is appropriate in this District. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Dkt. R. Civ. tending to injure the reputation of the person and exposing him to public hatred, contempt or ridicule." 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 9, 13-14. at 27. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Pa. Sept. 21, 2012) ("In defamation cases, it is not enough that the plaintiff may have suffered harm in a particular district . Nos. 1404(a). 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. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . James Eakin's Rating . CV 309-066, 2010 WL 2990042, at *2 (S.D. No. 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. See 28 U.S.C. "); Fed. JEFFREY L EAKIN (NPI# 1932308822, PAC ID# 0749458552) is a physician enrolled in Centers for Medicare & Medicaid Services (CMS). Co., 840 F.2d at 855. (quoting Mayola, 623 F.2d at 997). 1988). We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. No. Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. Servs., Inc., No. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. 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."). But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. (citing Curry v. Gonzales, No. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 13, p. 14. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . (second alteration in original) (citations omitted) (quoting Neb. 1404(a)). 13, Ex. Complete clinical ward walks to match equipment use to patient need. 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 so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. No. Dkt. Family and friends can send flowers and condolences in memory of the loved one. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. No. But the line of questioning was intense. 1. Both brothers confessed numerous times to the murder. Bestseller. at 7, 16, Exs. Id. . 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. See Dkt. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." Id. 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.'" No. Yvonne is fifty-eight years old. 2015 - 20161 year. May know insists there was foul play involved public hatred, contempt or ridicule ''! 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