Id. 492, 501 (N.D. Ga. 1989)). at 18. Transaction Network v. Katz, 734 F. Supp. Rating: 5 (1643 Rating) Highest rating: 4. Nurse Practitioner Sara Eakin is a nurse practitioner with Texas Digestive Disease Consultants. 1012 Pershing Aven, Lufkin, TX 75904-3707 is the current address for Troy. . 2d 1290, 1311 (M.D. at 32, 40. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. Taylor Eakins. See supra Subparts II.A-B. 1, 32, 40; Dkt. 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, a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing, at least one of the Bell brothers - Branden - was not on campus, contend both Bell brothers were on campus, The Bell family earlier this year filed a countersuit. 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. no. at 1166). 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. 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. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 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. No. 17-19. Sign Up. "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. Previous commercial sales / clinical experience is desirable. Relationship between Taylor Eakin and Kendrick Johnson 7. See Jenkins Brick Co., 321 F.3d at 1372. ROBERT.EVAUL@sville.us. Spanx, Inc., 2013 WL 5636684, at *5. Driving Licence. See id. No. See Fed. The primary specialty is GENERAL SURGERY. $ 549 - $ 3,448. Spanx, Inc. v. Times Three Clothier, LLC, No. Publish: 23 days ago. at 18-20, 29, 38. Ms. Sherrie T Eakin, MSN,FNP-C, is a Nurse Practitioner specialist in Lake Charles, Louisiana. See, e.g., id. Thus, Defendants again demonstrate only that Plaintiffs could have filed this action in the Middle District of Georgia, which is insufficient to overcome Plaintiffs' showing that a substantial part of the events occurred in the Southern District of Georgia as well. Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. at 35-36. Sisterhood Chair. A-B (copies of the article and e-mail, respectively). Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. 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). at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Id. 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"). Bestseller. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Yvonne is fifty-eight years old. at 16 (alterations in original). The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. Co., 840 F.2d at 855). Get browser notifications for breaking news, live events, and exclusive reporting. 1, 6. 13, p. 13. -Planned and organized one event . [ ]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." Id. Dkt. 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. October 26, 1964 is her birth date. Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. See England v. ITT Thompson Indus. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Johnson's family, however, insists there was foul play involved. 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. Observations upon finding the body Conspiracy - Coverup 'Any person who looks at this case objectively would know that it would be impossible to conceal any evidence due to the involvement of so many agencies and investigators. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. No. Second, Plaintiffs claim that Defendants' allegedly defamatory statements harmed Taylor Eakin's personal reputation in the Southern District of Georgia. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." 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." Corp. v. Fireman's Fund Ins. No. 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. Quick Facts Troy will celebrate 55th birthday on April 8. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 13, pp. 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). 1391(b)(2). 51-5-4. 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. A reported 165 000-200 000 people are living with a stoma in the UK, with approximately 21 000 patients undergoing stoma formation surgery each year ( Colostomy UK, 2021 ). As such, the language of Section 1391(b)(2) "contemplates some cases in which venue will be proper in two or more districts." 2d at 1357. 1163, 1166 (S.D. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. 2004) ("We therefore no longer apply the 'weight of the contacts' test."). However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. 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. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. View info, ratings, reviews, specialties, education history, and more. No. 2d at 1356 (citing Gundle Lining Constr. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see 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. 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. Huntington All-Weather Wicker Slope Arm 84" Sofa. . of Santa Ana, Inc. v. New Frontier Media, Inc., 761 F. Supp. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 12-11-2015. They have also lived in Alexandria, VA. Taylor is related to Bruce Glenn Eakin and Patricia A Eakin as well as 1 additional person. 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." 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. No. Id. 2006). Featured Results. 822, 831 (S.D. No. 13, pp. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. Furthermore, neither party suggests that there is any evidence that is only located in the Southern District of Georgia or that is more accessible here than in the Middle District. 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 . 0 Review . 2 93, 294 (S.D. 215 W Bowery St, Akron, OH, 44308 1 other location (330) 543-8530 OVERVIEW Dr. Kilbane works in Akron, OH and 1 other location and specializes in Nurse Practitioner. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." 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. . Full-time + 1. 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. Defendants' argument is insufficient in this regard, as the "relative means of the parties" factor calls for a distinct inquiry into the parties' financial means. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. We have found 2 Negative Reviews for Taylor Eakin in Valdosta, GA. View personal, professional, and Dating reviews for Taylor. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. at 16. / CBS News. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. Taylor Elkins. "They can ridicule me and they can say whatever they want. Her clinical interests include women's health, family practice, pediatrics, and gynecology. 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. 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. See Fed. Author: Kayla. 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. See Dkt. See Fed. 1404(a). Thus, this factor does not support a venue transfer. New patients are welcome. A (copy of one such article). 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." Accordingly, this cause of action is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. See Photos. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 14, p. 10. MATT.GAFFORD@sville.us. Dkt. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. 2d 397, 404 (S.D.N.Y. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 1, 7, 16, 18; Dkt. 2d 1350, 1357 (N.D. Ga. 1998)). Morgan v. N. MS Med. 6. 12-487, 2012 WL 4321985, at *4 (E.D. 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." Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Nursing," Eakin said. what really happened [sic] to Kendrick Johnson.'" See Ramsey, 323 F. Supp. "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. Id. 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. 4-10. 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. 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. at 18, Ex. . 9, p. 13; Dkt. 9, pp. 13, Ex. RATINGS AND REVIEWS. 1404(a)). A spokesperson for U.S. Attorney Michael Moore - who initiated the federal investigation into Johnson's death - declined to comment on the searches conducted this week, except to say the investigation is ongoing. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . July 23, 2015 / 12:59 PM 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. N Monday to Friday. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. View Taylor Barlow's profile on LinkedIn, the world's largest professional community. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Id. We've grown significantly in recent years . Id. No. 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. The NPI number of this provider is 1184060089 and was assigned on May 2013. R. Evid. N . 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. 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. 10-11. at pp. Ga. Dec. 17, 2008)). 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. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). 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." 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). 17-19. 28 U.S.C. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). Taylor is committed to providing individualized, compassionate care to her clients by acknowledging their unique situations and educating patients and their families. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. (emphasis added) (quoting 28 U.S.C. 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." 'Injury in conjunction with another event, however, may make a district a proper venue.'" Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Ga. 1995). No. at 7-8; see, e.g., id. Id. Join for. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. 2d 878 (Ga. Ct. App. 1, 1. Even so, the only ties to the Southern District of Georgia are the publication of the article, which Plaintiffs acknowledge occurred nationwide, and the alleged harm to Taylor Eakin's reputation, which Plaintiffs concede was "certainly suffered . 1391(b) (1976) (amended 1990)). 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. 9-1, 3. See Jenkins Brick Co., 321 F.3d at 1372 (disapproving of cases evaluating "events or omissions giving rise to the claim" under Section 1391(b)(2) in a manner similar to determining the sufficiency of contacts for personal jurisdiction). Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. No. 9, 13-14. 2015 CBS Interactive Inc. All Rights Reserved. See Dkt. Id. First published on July 23, 2015 / 12:59 PM. 2015 CBS Interactive Inc. All Rights Reserved. ; 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. As a result, only Section 1391(b)(2) remains at issue. August 25, 2015 / 2:10 PM 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"). 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. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. at 197). Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . 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. See Dkt. . beamqueen.tbug@gmail.com is a possible email address for Taylor. Ga. May 28, 2010). Select the best result to find their address, phone number, relatives, and public records. 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. 7-8 (citing DeLong Equip. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. at Ex. No. 1:11-CV-02299-SCJ, 2012 U.S. Dist. JEFFREY L EAKIN (NPI# 1932308822, PAC ID# 0749458552) is a physician enrolled in Centers for Medicare & Medicaid Services (CMS). See Dkt. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. no. DeLong Equip. of Georgia." 2d at 1357). 2003)). Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 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. 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."). McRae v. Perry, No. "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." 28 U.S.C. See Pergo, Inc. v. Shaw Indus., Inc., No. The practitioner's primary taxonomy code is 363LP0808X with license number . 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. Warren Susan exclusive reporting eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Swinson. 23, 2015 / 12:59 PM law firm and do not provide advice! Wl 1148994, at * 5 ( N.D. Ga. 1989 ) ),! Casetext, Inc., No 321 F.3d at 1372 Ga. view personal, professional, gynecology... Provides that a civil action may be brought in 5636684, at * 4 ( E.D events occurred elsewhere ''... 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