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Alexander v. Federal Bureau of Investigation

Citations: 186 F.R.D. 208; 1999 U.S. Dist. LEXIS 16744; 1999 WL 314180Docket: Nos. Civ. 96-2123 RCL, Civ. 97-1288 RCL

Court: District Court, District of Columbia; May 17, 1999; Federal District Court

Narrative Opinion Summary

The case involves multiple legal motions concerning a non-party, George Stephanopoulos, related to the 'File-gate' incident, where plaintiffs allege violations of the Privacy Act and invasion of privacy involving FBI files. Plaintiffs sought to hold Stephanopoulos in contempt for non-compliance with a court order, requesting further deposition and sanctions. The court partially granted this motion, allowing further deposition to assess the completeness of Stephanopoulos's document search. Stephanopoulos's request for a protective order was denied, although the court recognized his justification for terminating the deposition due to irrelevant inquiries. The court ordered additional discovery to clarify attorney-client privilege claims concerning conversations with the White House Counsel’s Office. A motion to compel further testimony and document production from Stephanopoulos was granted. The court denied motions for sanctions from both parties, finding Stephanopoulos's actions partially justified but insufficient to warrant halting discovery entirely. Overall, the court directed a continuation of discovery proceedings, focusing on specific topics related to the allegations, while denying broad protective measures and sanctions. The case underscores the complexities of privilege claims and compliance in high-profile depositions.

Legal Issues Addressed

Attorney-Client Privilege in Discovery

Application: The court mandated further interrogatories to clarify attorney-client privilege claims related to communications with the White House Counsel’s Office.

Reasoning: The court highlighted that prior deposition testimony did not sufficiently clarify claims of attorney-client privilege regarding discussions with the White House Counsel’s Office about the Filegate incident, necessitating further clarification from Stephanopoulos.

Contempt of Court for Non-Compliance with Court Orders

Application: The court partially granted the plaintiffs' motion for an order to show cause, allowing the continuation of Stephanopoulos’s deposition to explore the adequacy of his document search.

Reasoning: Plaintiffs filed a motion for an order to show cause, seeking to hold Stephanopoulos in contempt for non-compliance with a May 28, 1998 court order, requesting a daily fine, further questioning, and payment of attorneys' fees. The court partially granted this motion, allowing the continuation of Stephanopoulos’s deposition to explore the adequacy of his document search.

Motions for Protective Orders in Depositions

Application: Stephanopoulos's motion for a protective order to prevent negative repercussions from his deposition was denied, despite finding good cause for his decision to terminate the deposition.

Reasoning: Stephanopoulos has requested an order to shield him from further discovery, arguing he was justified in terminating his deposition due to irrelevant inquiries made by the plaintiffs. The court finds that there was good cause for Stephanopoulos to terminate the deposition but denies his request to halt further discovery.

Motion to Compel Discovery

Application: The court granted the motion to compel Stephanopoulos to provide more comprehensive interrogatory answers and produce documents, focusing on specific relevant topics.

Reasoning: Additionally, the plaintiffs' motion to compel Stephanopoulos to provide more comprehensive interrogatory answers and produce documents was granted.

Sanctions in Discovery Disputes

Application: The court denied requests for sanctions by both parties, finding Stephanopoulos's termination of the deposition justified while also denying his request for attorney's fees.

Reasoning: The court addresses counter-motions for sanctions, denying the plaintiffs' requests for sanctions related to their motion to compel, as Stephanopoulos's termination was justified. Similarly, Stephanopoulos's request for attorney's fees connected to his protective order motion is denied.