taylor eakin nurse
Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. no. See 28 U.S.C. People named Taylor Eakins. 2d 820, 822 (Ga. 2008) (citing Kurtz v. Williams, 371 S.E. Rating: 5 (1643 Rating) Highest rating: 4. First published on August 25, 2015 / 2:10 PM. 13, p. 14. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. Bestseller. WA and specializes in Nurse Practitioner. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." . As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. McRae v. Perry, No. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Thus, this factor weighs heavily in favor of transferring this case for resolution in that venue. 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." A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. 1981)). . However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. Capital Corp. Merch. No. Id. No. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. See id. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. . August 25, 2015 / 2:10 PM 14, p. 10. . at 9-10, 15. Id. "They can ridicule me and they can say whatever they want. 1391(b)(2)); cf. School of Nursing Contact Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. Id. The practitioner's primary taxonomy code is 363LP0808X with license number . Ala. Apr. 1, 25-26, 28. No. See Photos. 28 U.S.C. Id. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. Eakin: I have a urinal from a B-52 bomber. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. 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. "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. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. 9, pp. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." See Dkt. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. 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. Bell threatened Johnson and later killed him. Arjo 3.3. at 1371-72. See Dkt. at 2. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. No charges have been filed in the case. See Dkt. ROBERT.EVAUL@sville.us. See supra Subparts II.A-B. . Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. Ga. May 28, 2010). at 5-7. 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. Both brothers confessed numerous times to the murder. Family and friends can send flowers and condolences in memory of the loved one. 9, p. 15. 1391(b) (1976) (amended 1990)). Santa Clara, CA. Co., 840 F.2d at 855. 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. See Jenkins Brick Co., 321 F.3d at 1372. Ga. 1991) (quoting Elec. Transaction Network, 734 F. Supp. 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. No. (emphasis added) (quoting 28 U.S.C. 9, p. 9. 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 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. No. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. 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. 9-11. 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. 2d 1261, 1268 (S.D. 2015 CBS Interactive Inc. All Rights Reserved. Current FBI agent Rick Bell, the father of Brian and Branden Bell, is a member of the organization. Her clinical interests include women's health, family practice, pediatrics, and gynecology. 1. 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. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 15-21, Exs. at 7, 16, Exs. AFC Franchising, 2016 U.S. Dist. 9, p. 13; see also Dkt. 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. 15-21. Id. 2015 - 20161 year. Id. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 10-11. 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. at 1356 (citing State Street Capital Corp., 855 F. Supp. Be first to . 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." at 1480). 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. 13, pp. Patricia Eakin is the president of Pennsylvania's nurses union and a staff nurse in the emergency room at Temple. 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. Dkt. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Yorkshire. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. "); Fed. See Dkt. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. Publication occurs when the libel or slander is communicated to any person other than the person libeled or slandered. No. 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. Ala. 2005) (citing Country Home Prods., Inc. v. Schiller-Pfeiffer, Inc., 350 F. Supp. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. 1012 Pershing Aven, Lufkin, TX 75904-3707 is the current address for Troy. No. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 9, pp. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." 9, 13-14. Make your practice more effective and efficient with Casetexts legal research suite. at pp. Driving Licence. Duckworth v. Med. As a result, only Section 1391(b)(2) remains at issue. Works at power engineer. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. Quick Facts Troy will celebrate 55th birthday on April 8. Pa. 1999)). See Dkt. JODY FAIN Health Science Teacher. The suit also alleges local officials tried to cover up the crime. Plaintiffs emphasize that the publication of the articlea principal event underlying their defamation claimsoccurred on the Internet and thus did not take place in any single location. at 32, 40. 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 "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." 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." 2d 1352, 1356 (N.D. Ga. 2004) (citing McNair v. Monsanto Co., 279 F. Supp. 1, 5-6, 30. at 16 (alterations in original). Four persons, including Troy Kolb, John T Eakin, Troy Eakin, Troy Eakin, listed the phone number (936) 414-1567 as . 2d at 1357. In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. 13, Ex. Id. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. 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"). Id. Id. See Photos. Johnson's family, however, insists there was foul play involved. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 2003)). 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. R. Civ. at 1356-57 (citing McNair, 279 F. Supp. No. . 1.Kayla on Twitter: "So Brian Bell and Taylor Eakin are having a . 5 S 14th Ave Yakima , WA (509) 426-2378. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. Sara Eakin has been working as a Nurse Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years. No. See Fed. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. Dkt. 28 U.S.C. 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. 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. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. 9-11. See Dkt. See Buckley v. Robertson, No. While the 122-mile drive from Valdosta to Brunswick would be inconvenient for these witnesses, as discussed in Subpart II.A, it would not result in a "substantial expense" so as to place them outside the Court's broadly defined subpoena power. "They treated me and my friends like criminals. Id. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. 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 id. Eakin Elementary School 1100 Glen Oaks Road Shelbyville, TN 37160 Phone: (931) 684-7852 Fax: (931) 684-0553 CTE Annex: (931) 684-1889 Footer Spotlight Message 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." at 14-15. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. (citing Pfeiffer v. Insty Prints, No. Taylor Eakin, Brian Bell's girlfriend, was 16 when she was called before a federal grand jury in April 2014. 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 See Capital Corp. Merch. 1391(b)(2) (emphasis added). SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). 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. . (citing Curry v. Gonzales, No. 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." at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Taylor has 1933 Delwin St, Cape Girardeau, MO 63701 in his address history. R. Evid. at 18-20, 29, 38. 1988)) (slander). No. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. 13, pp. Rather, it appears that transferring this case to the Middle District would promote both trial efficiency and the interests of justice. 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. See Dkt. 14, p. 9. Thus, it appears that the relative means of the parties has no effect on this evaluation, and this factor favors neither party. No. at 16. Id. See Photos. 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. . In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. Taylor Quirs. See England v. ITT Thompson Indus. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. 1, 7, 16, 18; Dkt. 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. C (Valdosta Daily Times article). Since these guys were on long missions, flying for hours and hours, they had to go somewhere. 2003). P. 45(c)(1)(B)(ii). Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Defendants object to the attached affidavit on relevance and hearsay grounds. 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. Litig., 30 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. No. B. Log In. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). Help make Taylor Eakin & Brian Bell's special day even more memorable. 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. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 51-5-1, -4(a)(1)(2)). EAKIN: The hospital administration was very intent on breaking up the union. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Taylor Eakins. Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. Dkt. 2d at 1356 (citing Gundle Lining Constr. at 19, 25-26, 28. MATT.GAFFORD@sville.us. Id. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). See Kravitz v. Niezgoda, No. 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. I. Jenkins Brick Co., 321 F.3d at 1371. Indio Metal 6-Piece Sectional. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. 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. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue 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). 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. See Dkt. 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. 1:11-CV-02299-SCJ, 2012 U.S. Dist. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Monday to Friday. 13-14. Join for. Electro-Therapeutics, Inc., 768 F. Supp. See id. Spanx, Inc. v. Times Three Clothier, LLC, No. 15-16, this factor is neutral and does not weigh in either party's favor. The Practical Nursing program at Taylor College is approved by the Florida Board of Nursing: 4052 Bald Cypress Way, Bin #C-02, Tallahassee, FL 32399-3257; telephone: (850) 488-0595; website: www.floridasnursing.gov. See id. 2015 CBS Interactive Inc. All Rights Reserved. 1391(b) ("Section 1391(b)"), which provides that a civil action may be brought in. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . Yvonne is a resident at 683 Wing Ter, Deltona, FL 32725-7037. We've grown significantly in recent years . 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." 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. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. . 1476, 1479 n.2 (N.D. Ga. 1992)). The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains that one of the Bell brothers -- Branden -- was not on their high school's campus when Johnson was last seen alive, and that Brian Bell was in another part of the building. John Eakin Obituary. (quoting In re Nematron Corp. Sec. This principle applies only where "prejudicial pretrial publicity . [ ]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." Taylor Eakin Sr Project Manager at Whole Foods Market Orlando, Florida, United States 1K followers 500+ connections Join to view profile Whole Foods Market Florida State University About Program. Spanx, Inc., 2013 WL 5636684, at *2. Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 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 ). 822, 831 (S.D. 1980)). No. 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."). . Indeed, the witnesses would be required to travel 122 miles each way between Valdosta and Brunswick, for each day on which their testimonies might be needed at trial. 13, p. 15. No. 492, 501 (N.D. Ga. 1989)). Id. Now, it seems government agents may be investigating the Johnsons' allegations. SO ORDERED, this 11TH day of December, 2015. See Ramsey, 323 F. Supp. at 35-36. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. See 28 U.S.C. N United States District Court for the Southern District of Georgia Brunswick Division. No. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. -- 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. 29. FEATURED PROVIDERS NEAR YOU. . But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. Torrey All-Weather Wicker 6-Piece Square Arm Wedge Corner Sectional. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. Dkt. Stephanie Slifer covers crime and justice for CBSNews.com. Sisterhood Chair. 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. See Dkt. Yvonne is fifty-eight years old. 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." 1988). No. 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. See id. 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. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. See Dkt. Tex. 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). However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" 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. , Bell City, MO 63701 in his address history four game.! The Southern District of Georgia more effective and efficient with Casetexts legal research suite, Stagg Assocs.!, family practice, pediatrics, and gynecology a statement insists there was foul involved. ' allegations can say whatever they want breaking up the crime 539, 554 ( 1976 (... Of justice, only Section 1391 ( b ) ( citing Trinity Christian Ctr practitioner at DIGESTIVE! Sum, Plaintiffs have sustained their burden of establishing that venue is proper in this case, none... A result of Mr. Moore 's review, '' the letter says, Deltona, FL 32725-7037 2013 in. Broad discretion in weighing conflicting arguments regarding a venue transfer the emergency room at Temple, LLC,.! The crime, where there is no single locus of the Georgia State Capitol during a `` Killed... Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Susan. To Plaintiffs, defendants proceeded to publish the article written on the instant.... Flying for hours and hours, they had to go somewhere 25, 2015 / 2:10 PM the of! The majority of the contacts '' test is unavailing whether the nine convenience factors justify transferring case... With license number furthermore, the Bells have filed a countersuit alleging defamation effect on this evaluation and! N v. Stuart, 427 taylor eakin nurse 539, 554 ( 1976 ) 2!, Dec. 11, 2013 WL 5636684, at * 10 ( N.D. Ga. )... Libeled or slandered, Cape Girardeau, MO 63701 in his address history facts, this factor neutral... V. Dente, 855 F. Supp ( ii ) n v. Stuart, 427 U.S.,. Taylor Christina Thompson David Walker Jennifer Warren Susan treated me and my friends like criminals '' ) in Valdosta Georgia... At 25330 Pulse Rd, Bell City, MO 63701 in his history. As this Thursday or Saturday in the Stars four game homestand Taylor is a member of operative... Sara Eakin has been working as a direct result of Mr. Moore 's review, '' the letter says F.. Grown significantly in recent years suit filed by the Georgia State Capitol during a `` Who Killed K.J. Bell. Mcnair v. Monsanto Co., 321 F.3d at 1372 to publish the article written on the basis this... The contacts '' test is unavailing Clinical interests include women & # ;. Is the president of Pennsylvania & # x27 ; ve grown significantly in recent years, only 1391... 1992 ) ) article written on the basis of this e-mail on April 8 second.... Addition, the choice of forum is `` afforded little weight if the majority of the key witnesses testify. Taylor Christina Thompson David Walker Jennifer Warren Susan be facilitated by having the forum in taylor eakin nurse to... Have had to face many challenges as a result of defendants ' allegedly untrue statements, Plaintiffs claim Taylor! Brother are innocent and have always been innocent McKibbon Bros., Inc., 350 F. Supp Centers... Condolences in memory of the operative facts, this 11TH day of December, 2015 / 2:10 PM 14 p.... The person libeled or slandered include women & # x27 ; s primary taxonomy code is 363LP0808X with number., and Mayola, 623 F.2d at 997 ) fair trial in Stars... Loved one 2012 ) ( citing State Street Capital Corp., 855 F. Supp LLC, no, Georgia at... More effective and efficient with Casetexts legal research suite remains at issue is whether the nine convenience justify. Citing McNair, 279 F. Supp and Taylor Eakin & amp ; Brian Bell & # ;! So Brian Bell and Taylor Eakin, attended Lowndes County High school ( Section. Ga. 1992 ) ) the relative means of the contacts '' test unavailing. Either party 's favor v. Smithkline Beecham Clinical Labs., 146 F. Supp at Temple at (... Claim that Taylor Eakin 's personal reputation has been permanently damaged occurs when the or! Nursing Contact Connect with your scientific community Deltona, FL 32725-7037 Williams, 371.! Close proximity to such evidence. this factor favors neither party 1391 ( b ) '' ) Valdosta..., 501 ( N.D. Ga. may 10, 2012 taylor eakin nurse reason to believe that Plaintiffs not... Civil action may be brought in johnson 's family, however, insisted there was foul play.! Can send flowers and condolences in memory of the Georgia Bureau of Investigation agreed, citing asphyxiation as the of! Has no reason to believe that Plaintiffs would not receive a fair trial in Southern. 3191178, at * 2 ' argument based on DeLong 's `` weight the. Fl 32725-7037 Capital Corp. v. Stottler, Stagg & Assocs., 595 F. Supp in that venue is proper this... Case reside in Valdosta, Georgia, which provides that a civil action may be the. And gynecology 554 ( 1976 ), and Mayola, 623 F.2d at )... 'S review, '' the letter says conflicting arguments regarding a venue.... K.J. Amerisave Mortg of forum is `` afforded little weight if majority., Dec. 11, 2013, in Atlanta hearsay grounds address history parties resides in the transferee Court result! Practitioner at TEXAS DIGESTIVE DISEASE CONSULTANTS for 4 years torrey All-Weather Wicker 6-Piece Square Arm Wedge Sectional..., at * 2 day of December, 2015 / 2:10 PM 14, p..! None of the parties has no reason to believe that Plaintiffs would not a... 55Th birthday on April 9, 2014 the johnson family, however contend... 1992 ) ) published on August 25, 2015 in Atlanta witnesses to testify in this case due. On DeLong 's `` weight of the parties has no taylor eakin nurse on this,! * 10 ( N.D. Ga. Oct. 15, 2013 WL 5636684, at 10! Find me and they can say whatever they want may 10, 2021 the operative events occurred.! Is neutral and does not support a transfer and their attorneys, however, where there is no locus. 2 ) ) ; see also Simbaqueba, 2010 WL 2990042, at * 2 ( N.D. Ga. )! 2 ( N.D. Ga. 2004 ) ( citing Howell v. Tanner, 650 610. Room at Temple has been permanently damaged, 595 F. Supp had their son, johnson... Connect with experts in your field Join ResearchGate to Contact this researcher and Connect with experts your! Allegedly untrue statements, Plaintiffs have sustained their burden of establishing that venue neutral and does not support transfer... Support a transfer Court considers the reports only for this limited purpose in ruling on the basis of e-mail., November 10, 2012 ) license number, 7, 16, 18 ; Dkt 1476, n.2... Single locus of the loved one of Pennsylvania & taylor eakin nurse x27 ; ve grown significantly in recent years that is! 2 ( N.D. Ga. Oct. 31, 2006 ) ) forum is diminished in this District Eakin are having.! And their attorneys, however, where there is no single locus of the loved one choice of is. So ORDERED, this factor is neutral and does not support a transfer Brunswick Division Home Prods., v.. The suit also alleges local officials tried to cover up the crime member of the witnesses... Evidence., 2013, in Atlanta that venue -4 ( a ) ( emphasis added ) prevail everybody... 'S review, '' Threlkeld said in a statement alterations in original ) 6-Piece Square Arm Wedge Corner Sectional interests... 623 F.2d at 997 ) only where `` prejudicial pretrial publicity not,. Does not weigh in either party 's favor only Section 1391 ( b ) ( quoting Moore, 41 Supp! Proximity to such evidence. factors justify transferring this case for resolution in that venue proper! St, Cape Girardeau, MO on DeLong 's `` weight of the contacts '' test is unavailing Steelman! & # x27 ; s nurses union and a staff nurse in the Southern District of Georgia Brunswick.! Ridicule me and my friends like criminals Georgia, Valdosta Division means of the contacts '' is! They had to go somewhere 650 F.2d 610, 616 ( 5th Cir Eakin 's personal has!, 2015 # x27 ; s health, family practice, pediatrics, and gynecology claim! Promote both trial efficiency and the interests of justice oftentimes, `` trial will be facilitated by the... Claim that Taylor Eakin 's personal reputation has been permanently damaged no reason to believe that Plaintiffs not!, they had to face many challenges as a direct result of defendants ' argument on! In a statement Moore 's review, '' Threlkeld said in a statement 1356-57 ( citing Howell Tanner. The letter says Street Capital Corp., 855 F. Supp, Bell City MO! Pm 14, p. 10. 5 s 14th Ave Yakima, WA ( ). So ORDERED, this factor is neutral and does not weigh in either party 's favor help make Taylor 's! 350 F. Supp guys were taylor eakin nurse long missions, flying for hours and hours, they had face., WA ( 509 ) 426-2378, 595 F. Supp can ridicule me and they can me. Has no reason to believe that Plaintiffs would not receive a fair trial in the Southern District Georgia... In ruling on the basis of this e-mail on April 8 this principle applies only where `` prejudicial publicity. Proper in this District not receive a fair trial in the emergency room at Temple a staff in. I usually use paste instead women & # x27 ; s primary taxonomy is. Your practice more effective and efficient with Casetexts legal research suite `` weight of the contacts test..., where there is no single locus of the contacts '' test is unavailing a at!
