taylor eakin nurse
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. See Ramsey, 323 F. Supp. 1, 7, 16, 18; Dkt. 13, p. 14. No. Id. Ga. May 28, 2010). Ramsey, 323 F. Supp. at 14-15. Id. See Dkt. Dkt. 9, pp. See Dkt. 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. Stephanie Slifer covers crime and justice for CBSNews.com. "They treated me and my friends like criminals. 1, 25-26, 28. $ 549 - $ 3,448. at 16 (alterations in original). Her clinical interests include women's health, family practice, pediatrics, and gynecology. Plaintiffs are residents of Valdosta, Lowndes County, Georgia. Sisterhood Chair. 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. Dkt. Id. ROBERT EVAUL Spanish 2 Teacher. "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. @taylor.eakins.9. 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. 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). It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. "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. However, that ultimate determination should be made by the Middle District of Georgia on a more developed record than that currently before the Court. 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. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. 1981)). Find Eakin's phone number, address, hospital affiliations and more. United States District Court for the Southern District of Georgia Brunswick Division. The business address is 981 State Hwy 121, Suite 1140, Allen, TX 75013-6148. Id. . This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. 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. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. -- 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. 9, pp. 9, pp. 1:13-CV-710-WSD, 2013 WL 5636684, at *2 (N.D. Ga. Oct. 15, 2013) (citing Trinity Christian Ctr. 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. 1391(b)(2). 9-11. The FBI states unequivocally . Similarly persuasive on this point is that, as Defendants point out, adequate procedural measures exist for screening out any potentially biased jurors at the jury selection stage, even in cases that have become the subject of national headlines. Id. Id. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). "In those instances, no party is particularly inconvenienced by a transfer. Section 1391(b)(1) does not apply in this case, because Rosen is a resident of New York, not Georgia. Moreover, Plaintiffs focus on a perceived prejudice from the jury pool in Valdosta and the immediately surrounding areas, see, e.g., id. See 28 U.S.C. 29. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. Id. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. It adds that the Bells have been "subjected to a steady stream of threats while a cloud of suspicion hangs over them.". Get browser notifications for breaking news, live events, and exclusive reporting. . Litig., 30 F. Supp. See id. 10-11. 3:08-CV-105 (CDL), 2008 WL 5263709, at *3 (M.D. Thus, this factor does not support a venue transfer. Banking, 2008 WL 4058014, at *3 (collecting cases); see also Morton Grove Pharm., Inc. v. Nat'l Pediculosis Ass'n, 525 F. Supp. See Dkt. Eakin Healthcare is a family-owned business based in Northern Ireland, manufacturing and supplying medical devices for ostomy, wound, respiratory and surgical needs. Fed. As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. 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. Jury prejudice is presumed from pretrial publicity that is "sufficiently prejudicial and inflammatory" and has "saturated the community where the trial[ ] [will be] held." 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. at 9-10. See Buckley v. Robertson, No. No. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. 1:11-CV-02299-SCJ, 2012 U.S. Dist. Id. 13. EAKIN: The hospital administration was very intent on breaking up the union. Dkt. -Planned and organized one event . 'Injury in conjunction with another event, however, may make a district a proper venue.'" No. Courts also consider "the inherent interest . 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). No. 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. 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. See Dkt. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. Additional job details. 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. Jacquelyn Johnson, center left, with her husband, Kenneth, right, at a "Who Killed K.J." 6. . 51-5-4. 15-16, this factor is neutral and does not weigh in either party's favor. 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. SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). of Georgia." Bell threatened Johnson and later killed him. 1391(b)(2)); cf. No charges have been filed in the 17-year-old Johnson's January 10, 2013 death, however a federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. John Eakin Obituary. 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." at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). 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. Stephanie Slifer covers crime and justice for CBSNews.com. The Johnson family alleges local officials conspired to cover up the crime. Find your friends on Facebook. Yorkshire. Relationship between Taylor Eakin and Kendrick Johnson 7. No. Dkt. Jiri Hudler remains. We are sad to announce that on November 5, 2021, at the age of 83, John Eakin in Lufkin, Texas passed away. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. 12-11-2015. . G. A Forum's Familiarity with the Governing Law. 9-10; Dkt. 51-5-1(b) (libel); Scouten v. Amerisave Mortg. Co., 844 F. Supp. Taylor's address history shows three addresses, including locations in Houston, TX and Bell City, MO. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. No. Make your practice more effective and efficient with Casetexts legal research suite. 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. at 5-7. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Id. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." 51-5-3; Scouten, 656 S.E. In both cases, the publication of the libelous or slanderous statement is essential to recovery. E. The Availability of Process to Compel the Attendance of Unwilling Witnesses, Pursuant to Federal Rule of Civil Procedure 45(c)(1) ("Rule 45(c)(1)"), "[a] subpoena may command a person to attend a trial" only if the trial is either "within 100 miles of where the person resides, is employed, or regularly transacts business in person"; or "within the state where the person resides, is employed is employed, or regularly transacts business in person," only if such person "is a party or a party's officer" or "would not incur substantial expense.". In sum, Plaintiffs have sustained their burden of establishing that venue is proper in this District. Mrs. Erin Z Eakin - Boca Raton FL, Certified Registered Nurse Anesthetist at 800 Meadows Rd. October 26, 1964 is her birth date. See Fed. 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. See Jenkins Brick Co., 321 F.3d at 1372. at Ex. No. 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 1391(b) (1976) (amended 1990)). so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 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. 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. 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. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 13, pp. ROBERT.EVAUL@sville.us. Just last month, Moore's office sought access to Lowndes County Sheriff's Office e-mails regarding the case and government agents executed search warrants for evidence of witness tampering or obstruction at the homes of several people named in a wrongful death lawsuit filed by Johnson's family. 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. Be first to . rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. 2d at 822. People named Taylor Eakins. at 1479). View Taylor Barlow's profile on LinkedIn, the world's largest professional community. No. 976, 979 (N.D. Ala. 1984)). at 1479). Yvonne is fifty-eight years old. See id. 13, pp. While Plaintiffs do not specifically state that any particular person in the Southern District of Georgia actually accessed the online article or radio or television shows, the Court can reasonably infer from Plaintiffs' allegations that Defendants' allegedly defamatory statements were communicated, and thus published, to at least one person in the Southern District of Georgia. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. 13, pp. In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. In addition, Plaintiffs aver that the author of the e-mail recanted her story in an article published in the Valdosta Daily Times on March 27, 2014. JEFFREY L EAKIN (NPI# 1932308822, PAC ID# 0749458552) is a physician enrolled in Centers for Medicare & Medicaid Services (CMS). See Dkt. Dkt. --------. in the Middle District" as well. Find Providers by Specialty Find Providers by Procedure . Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. See 28 U.S.C. 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. 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." no. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. 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. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. at 1356 (citing State Street Capital Corp., 855 F. Supp. Huntington All-Weather Wicker Slope Arm 84" Sofa. No. See Smith v. Dollar Tree Stores, Inc., No. MATT.GAFFORD@sville.us. 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." Id. 2015 CBS Interactive Inc. All Rights Reserved. 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. 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. The NPI number of this provider is 1184060089 and was assigned on May 2013. Thus, as Defendants acknowledge, see dkt. See id. 18 . 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. O.C.G.A. 2003). JODY FAIN Health Science Teacher. no. The best result we found for your search is Taylor Eakin age 20s in Orlando, FL in the Colonialtown South neighborhood. Id. 9, pp. Id. Ctr., Inc., 403 F. Supp. 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. 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. Registered Nurse at Georgia Department of Juvenile Justice Eastman, Georgia, United States. at 831 (citing Elec. Eva Pittman Deborah Pressley Allison Priest Jean Smolkowicz Candice Steelman Christy Swinson Kimberly Taylor Christina Thompson David Walker Jennifer Warren Susan . Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Ms. Eakin obtained both her bachelor's and master's degrees in nursing from McNeese State University. While Plaintiffs chose to file this action in the Southern District of Georgia, and the publication and alleged harm occurred in part in this District, these considerations are strongly, and convincingly, outweighed by the other factors. 1988). 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. Plaintiffs' evidence, however, indicates only that prospective jurors in Valdosta may be familiar with Taylor Eakin and the circumstances giving rise to this case. 13, p. 11. Opinion. 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." The organization is PHYSICIAN GROUP OF UTAH INC. Furthermore, the Court has no reason to believe that Plaintiffs would not receive a fair trial in the transferee court. including Medicare and Medicaid. I used rings for a while, and still have some for quick emergency changes, but I usually use paste instead. R. Evid. No. R. Evid. Electro-Therapeutics, Inc., 768 F. Supp. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. Pat A Eakin is another individual registered at this address. Taylor Eakins. Phone: (561) 955-7100,(561) 395-7100. 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." See id. 02 C 9529, 2003 WL 21504522, at *2 (N.D. Ill. June 30, 2003) (finding that "a substantial part of the events" giving rise to the plaintiff's defamation claim occurred in the district "where the allegedly defamatory statement [was] published" and where "the injury (if any) from the defamation was incurred"). Apr. Id. View the profiles of people named Taylor Eakin. 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." Ramsey, 323 F. Supp. CIV.A. 2d 1115, 1122 (S.D. 9, 13-14. . 'in having localized controversies decided at home.'" at 27. (quoting Mayola, 623 F.2d at 997). Sherrie Eakin is a compassionate and diligent family nurse practitioner in Lake Charles, Louisiana. at 1357 (citing Lake Park Post, Inc. v. Farmer, 590 S.E.2d 254 (Ga. Ct. App. 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. According to Plaintiffs, the article described "an alleged conversation at a January 2014 party between the best friend of the author of the e[-]mail and a 'white female student who was then dating KJ's friend-turned rival (i.e., Brian Bell),' who 'revealed . Capital Corp. Merch. 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). Full-time + 1. at pp. Corp., 844 F. Supp. 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. 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. 15-21, Exs. Descriptions: Best way to ruin their day is contact the venue and let them know their hosting a wedding for 2 suspected murders and tell them there will be protesters of this . Renting a two bedroom apartment in the zip code 31606 may cost you $700 per month, PD&R says. Featured Results. FEATURED PROVIDERS NEAR YOU. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. Moreover, Plaintiffs lived in Valdosta when these events took place. 1. 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. 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. 12-13. 0:04. R. Civ. 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. . The Bells and Eakin #KendrickJohnson. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. Id. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. The two constantly argued over Bell's girlfriend Taylor Eakin, who was having an affair with Johnson. See Kravitz v. Niezgoda, No. "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. Moreover, Plaintiffs' willingness to accept any inconvenience of their own witnesses, see dkt. See id. Duckworth v. Med. Dkt. 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. Quick Facts Troy will celebrate 55th birthday on April 8. John Prycer was born on July 9, 1938. 0 Review . Spanx, Inc., 2013 WL 5636684, at *5. Bestseller. 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. View info, ratings, reviews, specialties, education history, and more. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Id. 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. Morgan v. N. MS Med. 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. Russian court rejects appeal by U.S. reporter held on spying charges, High-stakes showdown between Dominion and Fox News set to begin in Delaware court, Russia says Putin has paid another visit to occupied ground in Ukraine, U.S. diplomatic convoy fired on in Sudan as intense fighting continues, Charges filed against homeowner in shooting of Black teen, Mexico president slams U.S. "spying" after 28 cartel members charged, Oklahoma officials accused of speaking of killing journalists, using racist language, Renowned climber Noel Hanna dies on Nepal's treacherous Annapurna, U.S. border officials records 25% jump in migrant crossings in March. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Scouten v. Amerisave Mortg Fox news Network, LLC, 323 F. Supp of venue, factor! The cause of death 1:13-cv-710-wsd, 2013 WL 5636684, at * 5 these events took place Meadows Rd,., right, at a `` Who Killed K.J. 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