Wright
Wright v. Federal Bureau of Investigation
Opinion
Lead Opinion
*368 MEMORANDUM **
Robert G. Wright, Jr. (“Wright”) appeals from the district court’s denial of Wright’s “motion for review” of the magistrate judge’s order denying Wright’s motion to compel discovery from non-party journalist James Crogan (“Crogan”). 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . See Premium Service Corp. v. The Sperry & Hutchinson Co., 511 F.2d 225, 227-229 (9th Cir.1975). The district court’s denial of a motion to reconsider a magistrate’s pretrial order will be reversed only if “clearly erroneous or contrary to law.” Osband v. Woodford, 290 F.3d 1036, 1041 (9th Cir.2002).
“[W]hen facts acquired by a journalist in the course of gathering the news become the target of discovery, a qualified privilege against compelled disclosure comes into play.” Shoen v. Shoen, 5 F.3d 1289, 1292 (9th Cir.1993) (“Shoen I”) (citing Farr v. Pitchess, 522 F.2d 464, 467-68 (9th Cir.1975)). Where, as here, a civil litigant seeks to compel discovery from a journalist with respect to information the journalist obtained from a non-confidential source, we have held that the “litigant is entitled to requested discovery notwithstanding a valid assertion of the journalist’s…