2:26-cv-02030•Suttington et al v. Kansas, State of et al
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SEAN ANTHONY SUTTINGTON, Plaintiff, v. STATE OF KANSAS, et al., Defendants. Case No. 26-CV-2030-JWB-JBW ORDER This matter is before the Court on Plaintiff’s “Motion to file Disposition and Interrogatory” (Dkt. 17). The Court construes Plaintiff’s motion as requesting permission to serve thirteen proposed interrogatories (two with subparts). Federal Rule of Civil Procedure 26(d)(1) provides that a “party may not seek discovery from any source before the parties have conferred as required by Rule 26(f),” except in exempt proceedings, by stipulation, or court order. Interrogatories to be served under Rule 33 are discovery subject to the timing restrictions in Rule 26(d)(1). The Court has not completed its screening of Plaintiff’s Amended Complaint (Dkt. 16), which asserts claims against more than forty defendants, so no defendant has been served in this case. The Court has not yet held a scheduling conference or required the parties to hold a Rule 26(f) planning conference. Plaintiff’s request for permission to serve discovery—in the form of his proposed interrogatories—is therefore premature at this time. IT IS THEREFORE ORDERED that Plaintiff’s motion for permission to serve interrogatories (Dkt. 17) is denied without prejudice. Case 2:26-cv-02030-JWB-JBW Document 19 Filed 05/21/26 Page 1 of 2
2 IT IS SO ORDERED. Dated May 21, 2026, at Kansas City, Kansas. Jennifer B. Wieland U. S. Magistrate Judge Case 2:26-cv-02030-JWB-JBW Document 19 Filed 05/21/26 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.