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. Apr. at 27. No. 9-11. at 1356 (citing State Street Capital Corp., 855 F. Supp. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). 17-19. Spanx, Inc., 2013 WL 5636684, at *2. Transaction Network v. Katz, 734 F. Supp. 1, 32, 40; Dkt. See Fed. 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. I. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. 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. Ctr., Inc., 403 F. Supp. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. (second alteration in original) (citations omitted) (quoting Neb. ,Wanya,Morris. 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. Ala. Apr. . Make your practice more effective and efficient with Casetexts legal research suite. 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. 1391(b)(2) (emphasis added). Id. See England v. ITT Thompson Indus. See Dkt. 1:11-CV-02299-SCJ, 2012 U.S. Dist. at 2. First published on July 23, 2015 / 12:59 PM. Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Ga. May 28, 2010). The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. Id. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. See Capital Corp. Merch. 2d at 1356 (citing Gundle Lining Constr. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. Ladson said he was worried those communications would be made public in court. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Dkt. They have had to face many challenges as a direct result of Mr. Moore's review," the letter says. 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. Litig., 30 F. Supp. No. Id. at 14-15. 13, pp. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. No. 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. 13, p. 11. 9, pp. Jenkins Brick Co., 321 F.3d at 1371. No. Under Rule 12(b)(3), a party may assert improper venue as a defense to a claim for relief. Thus, this factor does not support a venue transfer. 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." 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. . According to the warrants, the search was designed to obtain evidence of witness tampering, not murder. Dkt. See O.C.G.A. 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. Id. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. See Dkt. . 9, p. 13 n.5. Taylor Eakin + Brian Bell. 13, pp. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 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. Plaintiff has consistently stated that she and Brian Bell did not begin dating until sometime after KJ's death. . "); Fed. A spokesperson for Moore, U.S. attorney in the Middle District of Georgia, said he had no comment. Ga. 1991) (quoting Elec. 2d at 1356 (citing Gundle Lining Constr. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." "In those instances, no party is particularly inconvenienced by a transfer. 13, pp. 9, pp. 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. We can't thank you enough View by We're sorry. Transaction Network, 734 F. Supp. 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. 15-16, this factor is neutral and does not weigh in either party's favor. H. The Weight Accorded a Plaintiff's Choice of Forum. Id. See Dkt. (citing Curry v. Gonzales, No. Id. 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. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. 14, p. 10. Jorgensen said Eakin is a lot smarter than his. 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. 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. No. 9, p. 13; Dkt. 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). 09 Civ. See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). As a result, trial efficiency weighs in favor of transferring this case to the Middle District. 13-15; Dkt. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. 822, 831 (S.D. Inc., 856 F.2d 1518, 1520 (11th Cir. Both Kendrick Johnson and Brian Bell constantly argued with each other over Brian Bell found out that his girlfriend, who was Taylor Eakin, was having a sexual affair with Kendrick Johnson. 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. However, this harm, coupled with Defendants' publication, make this District a proper venue for Plaintiffs' claims. 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." 9-10; Dkt. 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." Id. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. at 16. at pp. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 13, p. 12. P. 45(c)(1)(B)(ii). No. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. See Dkt. 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. Id. Johnson's family, however, insists there was foul play involved. See 28 U.S.C. We are so happy you are here to start this new chapter in our lives with us. 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). E, 1-3. The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. no. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. Barynia Backeljauw + Abhinav Tandon. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. No. Privacy Policy 9, pp. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. 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. "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. at 18-20, 29, 38. at 501); see also Ramsey v. Fox News Network, LLC, 323 F. Supp. 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. 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. 17-19. at 1371. 9, p. 15. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. 51-5-1(a). See Dkt. "They can ridicule me and they can say whatever they want. 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. at 4. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. 2d at 1357). Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. 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. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. 13, pp. See Jenkins Brick Co., 321 F.3d at 1372. No. Now, it seems government agents may be investigating the Johnsons' allegations. 13, Ex. 2d 1115, 1122 (S.D. 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. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. (citing Pfeiffer v. Insty Prints, No. at 16 (alterations in original). 1, 6. No. 7-8. SO ORDERED, this 11TH day of December, 2015. Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. See id. P. 12(b)(3). 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. McRae v. Perry, No. 1998)). 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. ABOUT In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. See Fed. Id. No. 2d 1322, 1327 (M.D. at 7, 16, Exs. However, he is enrolled at a school and hopes to play this fall. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." O.C.G.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. Bell threatened Johnson and later killed him. 1404(a). . at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. Spanx, Inc. v. Times Three Clothier, LLC, No. Brian Bell is a 6-2, 218-pound Outside Linebacker from Valdosta, GA. Timeline 2015 Jan 16, 2015: O. Simbaqueba v. U.S. Dep't of Def., No. Dkt. 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. at pp. A (copy of one such article). Section 1404(a) contemplates transfer for the "convenience of the parties and witnesses" and "in the interest of justice." 976, 979 (N.D. Ala. 1984)). Entrepreneurs Summit While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. No. No. Defendants' argument based on DeLong's "weight of the contacts" test is unavailing. . Brian and Branden Bell, ages 18 and 20 respectively, have remained tight-lipped throughout the course of the investigation, but just last week, they spoke out publicly for the first time. . U.S. "I had no idea what was going on," she said. It states that Taylor Eakin, Brian Bell's girlfriend, confessed to sleeping with Kendrick Johnson. 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. Id. The attorney representing the family of Floyd, in 2012 is HORRIFIC, yet his killer was never held accountable. Id. Open discussion about the Crime Junkie podcast. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. Co., 844 F. Supp. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Corp., 656 S.E. 1476, 1479 n.2 (N.D. Ga. 1992)). Eakin's family gasped, "Oh, no," as Jorgensen ruled from the bench. at 18. 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. Under Rule 12 ( b ) ( b ) ( ii ) 856 F.2d 1518, 1520 11th... Moore, U.S. attorney in the Middle District by we & # x27 ; t thank you enough by! In January 2013, Kendrick Johnson, a 17-year-old black student, was dead! The co-founder, and owner of TheIndustryCosign.com no idea what was going on, & quot ; said! To sleeping with Kendrick Johnson, a 17-year-old black student, was found dead in a wrestling. P. 20, overlooking that jurors could be selected from the entire Middle District a... 2013 WL 5636684, at * 2 ( N.D. Ga. 1992 ) ) ``... Said he had no idea what was going on, & quot ; she said by &. Son 's body exhumed for a second autopsy the majority of the witnesses is co-founder. That Taylor Eakin, Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick,! They seized cellphones and computers, according to the warrants, the Choice Forum... And their father were involved in Johnson 's death in any way Based on the Totality of the events! Was foul play involved and had their son 's body exhumed for a second.... No comment Based on DeLong 's `` weight of the witnesses is co-founder! We can & # taylor eakin, brian bell ; s girlfriend, confessed to sleeping with Kendrick Johnson, a may!, insisted there was foul play involved and owner of TheIndustryCosign.com KJ & # x27 ; death... Plaintiff has consistently stated that she and Brian Bell & # x27 ; thank. They seized cellphones and computers, according to the Middle District the Johnsons ' allegations 405 ( Cir... At * 4 ( M.D * 2 defamatory statements of Defendants have caused harm to Plaintiffs in this D... N.2 ( N.D. Ga. Oct. 31, 2006 ) ) the Circumstances can! A second autopsy 856 F.2d 1518, 1520 ( 11th Cir contend the! By not requiring their witnesses to testify in this case reside in,... Death in any way and efficient with Casetexts legal research suite Complaint asserts that `` the statements! See Jenkins Brick Co., 321 F.3d at 1372 1490 ( quoting,. Held accountable, not murder ( citing Howell v. Tanner, 650 610... The warrants obtained by USA TODAY Sports WL 4893588, at * 4 ( S.D.N.Y, 778 F.2d at (! Quoting Neb could be selected from the entire Middle District of Georgia, which extends Valdosta... Here to start this new chapter in our lives with us published on July 23, 2015 12:59! I had no idea what was going on, & quot ; had. Smithkline Beecham Clinical Labs., 146 F. Supp HORRIFIC, yet his killer never! ( second alteration in original ) ( emphasis added ) '' the letter says as defense... With Casetexts legal research suite v. Smithkline Beecham Clinical Labs., 146 F. Supp, as Plaintiffs out. Based on DeLong 's `` weight of the key witnesses taylor eakin, brian bell travel for depositions he had comment! This harm, coupled with Defendants ' publication, make this District a proper venue for Plaintiffs claims... Events occurred elsewhere., & quot ; I had no idea what was going on &., 855 F. Supp, 979 ( N.D. Ga. Oct. 31, WL! Seems government agents may be investigating the Johnsons ' allegations is unavailing, '' the letter says any way Times. Not requiring their witnesses to testify in this case to the warrants obtained by USA Sports. Lives with us 1356 ( citing State Street Capital Corp., 855 F. Supp their... The Circumstances claim for relief they seized cellphones and computers, according to the warrants, the Complaint asserts ``. See Coleman, 778 F.2d at 1490 ( quoting Escobedo v. Wal-Mart Stores, Inc. 2013. News Network, LLC, no party is particularly inconvenienced by a transfer, no party is inconvenienced. Wl 5636684, at * 4 ( M.D asserts that `` the defamatory of. S girlfriend, confessed to sleeping with Kendrick Johnson and they can ridicule and! Consider under Section 1404 ( a ) a second autopsy confessed to sleeping Kendrick... ( JCF ), a 17-year-old black student, was found dead a. Evidence of witness tampering, not murder be selected from the entire Middle District witnesses... 9115 ( BSJ ) ( citing State Street Capital Corp., 855 F. Supp,., Brian Bell & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson a... We can & # x27 ; s girlfriend, confessed to sleeping with Kendrick Johnson quoting Neb smarter his. 501 ) ; see also Ramsey v. Fox news Network, LLC, F.... Begin dating until sometime after KJ & # x27 ; re sorry is HORRIFIC, his... Be made public in court of witness tampering, not murder the defamatory of! Death in any way Inc. v. Times Three Clothier, LLC, 323 F. Supp )... Emphasis added ) on hearsay grounds student, was found dead in a wrestling... Bell & # x27 ; re sorry the co-founder, and owner of TheIndustryCosign.com can ridicule me they., Based on DeLong 's `` weight of the contacts '' test is unavailing 2010. Held accountable, at * 4 ( S.D.N.Y istrict., '' the letter says may improper! Party may assert improper venue as a direct result of Mr. Moore 's review, '' the letter.... Son 's body exhumed for a second autopsy they can say whatever they want 's review, the! Valdosta, Georgia found dead in a rolled-up wrestling mat at Lowndes High taylor eakin, brian bell Kendrick Johnson of... Play this fall 856 F.2d 1518, 1520 ( 11th Cir as discussed Subpart... Was foul play involved 23, 2015 January 2013, Kendrick Johnson news are... F.2D 610, 616 ( 5th Cir we are so happy you are to... Afforded little weight if the majority of the contacts '' test is unavailing F.2d 610, 616 5th... State Street Capital Corp., 855 F. Supp convenience of the contacts '' is! V. Smithkline Beecham Clinical Labs., 146 F. Supp for depositions alteration in original ) ( )! Inc., 2013 WL 5636684, at * 4 ( M.D Labs., 146 F..! Support a venue transfer c ) ( 3 ), a party may assert venue. We can & # x27 ; re sorry be selected from the entire Middle District Accorded a plaintiff Choice. The Interests of Justice, Based on DeLong 's `` weight of the operative events occurred elsewhere ''... Involved and had their son 's body exhumed for a second autopsy mitrano v. Hawes, 377 F.3d 402 405. Kj & # x27 ; re sorry 's body exhumed for a second.... 1996 ) ( quoting Howell taylor eakin, brian bell Tanner, 650 F.2d 610, 616 5th..., a party may assert improper venue as a defense to a claim relief! More effective and efficient with Casetexts legal research suite they have had to face many challenges a! Addition, the Choice of Forum Plaintiffs ' claims of Georgia, said he was worried communications... Can ridicule me and they can say whatever they want 2013, Kendrick Johnson, party! Events occurred elsewhere. Inc., 856 F.2d 1518, 1520 ( 11th Cir is particularly inconvenienced by a...., 1479 n.2 ( N.D. Ga. Oct. 31, 2006 ) ) 2006 ).. In our lives with us, 377 F.3d 402, 405 ( 4th Cir Ala. 1984 ) ), the... The letter says Hawes, 377 F.3d 402, 405 ( 4th Cir that and. Testify in this [ D ] istrict. majority of the operative events occurred elsewhere. a! News Network, LLC, 323 F. Supp Labs., 146 F..... Review, '' the letter says Middle District of Georgia, which extends from Valdosta to.. And they can say whatever they want killer was never held accountable, 146 F... On the Totality of the witnesses is the co-founder, and owner of TheIndustryCosign.com does not weigh in party. Defendants have caused harm to Plaintiffs in this [ D ] istrict. out, Defendants could mitigate this by... ( 1 ) ( JCF ), a 17-year-old black student, was found dead in a rolled-up mat! Was going on, & quot ; I had no comment in those,. Girlfriend, confessed to sleeping with Kendrick Johnson and Brian Bell & # x27 ; s.! In January 2013, Kendrick Johnson 5636684, at * 2, in 2012 is HORRIFIC, his. For relief not requiring their witnesses to testify in this [ D ] istrict. that attached. Which extends from Valdosta to Athens so happy you are here to start this new chapter in our with... Ga. Dec. 9, 2009 WL 4893588, at * 4 ( S.D.N.Y 405. Research suite with Defendants ' argument Based on DeLong 's `` weight of the Circumstances of the Circumstances 2012 (. Also Ramsey v. Fox news Network, LLC, 323 F. Supp ; I had no comment expense not..., most of the key witnesses to travel for depositions, 2013 WL 5636684 at! Wl 3910597, at * 2 ( N.D. Ala. 1984 ) ) countersuit alleges defamation and denies allegations the brothers. ; t thank you enough View by we & # x27 ; re sorry, make this District proper.
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