Wright

Proceedings: (IN CHAMBERS) PLAINTIFF’S MOTION FOR REVIEW OF MAGISTRATE’S JUNE 10, 2005 RULING (DE 12)

I.FACTUAL BACKGROUND

Robert Wright (“Plaintiff’) filed an action in the United States District Court, Northern District of Illinois. In the action, Plaintiff alleges that the Federal Bureau of Investigation (“FBI”) and U.S. Department of Justice (“DOJ”) violated his rights under the Privacy Act, 5 U.S.C. § 552a. Plaintiffs action is premised upon a claim that FBI Special Agent Royden Rice (“Agent Rice”) disclosed information from Plaintiffs FBI personnel records to journalist James Crogan (“Crogan”) without Plaintiffs consent.

Plaintiff served Crogan, who is not a party to this action, with a subpoena duces tecum requiring him to appear for a deposition and produce documents. Crogan objected to the deposition subpoena and request for documents based on a qualified First Amendment privilege that protects journalists against compelled disclosure of information gathered in the course of their work.

Plaintiff moved to compel, and on February 17, 2005, Plaintiff and Crogan submitted a Local Rule 37-2 Joint Stipulation and supporting documentation to the Court in which Plaintiff…