Donaldson vs. United States Department of Treasury, et al.

Filing 20

ORDER denying 17 Motion to Compel. See order for details. Signed by Magistrate Judge Gwynne E. Birzer on 10/23/17. Mailed to pro se party Joseph V. Donaldson by regular mail. (adc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS JOSEPH V. DONALDSON, Plaintiff, v. UNITED STATES DEPARTMENT OF TREASURY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 17-1213-EFM-GEB ORDER Plaintiff brings this case against the U.S. Department of Treasury, Internal Revenue Service (“IRS”), and IRS Revenue Officer Mark Boston to protest liens against his property. The matter is now before the Court on Plaintiff’s Motion to Compel Production (ECF No. 17). For the reasons outlined below, Plaintiff’s Motion (ECF No. 17) is DENIED as premature. Plaintiff asks the Court to compel the defendants to produce nine categories of documents (ECF No. 17, at ¶¶ 1-9). He reports he served Defendants with a request for production on September 1, 2017. However, Defendants have not yet entered an appearance in this case, and based upon the Returns of Service filed on the docket, Defendants are not required to respond to the Complaint before December 4, 2017 (see ECF Nos. 15, 16, and 18).1 Plaintiff’s requests to Defendants are premature. Pursuant to Fed. R. Civ. P. 26(d)(1), “[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f),” except in specific types of proceedings which do not apply here. In this action, the parties are not yet required to engage in their Rule 26(f) conference—the Court will issue an Initial Scheduling Order, which establishes a Rule 26(f) conference deadline, after all Defendants have answered Plaintiff’s Complaint. Even if Plaintiff intends to seek early discovery, Rule 26(d)(2) requires that any early Rule 34 requests for production of documents must not be served on Defendants until “more than 21 days” have passed since service of the summons and complaint. Noting the service date of October 5, 2017, Plaintiff is not permitted to serve requests on Defendants before October 27, 2017. And even after that date, Plaintiff must follow the procedures set forth in Fed. R. Civ. P. 34 and 37, as well as D. Kan. Rules 37.1 and 37.2. Generally, Plaintiff must serve Defendants with his requests, permit Defendants 30 days to respond to his requests, and confer with them regarding any disputes—all before seeking Court intervention. Plaintiff has been informed, and reminded, in previous orders that—despite his pro se status—he is expected to follow the Court’s rules and refrain from excessive filings, 1 The United States Attorney was served on October 5, 2017 (ECF No. 16). Under Fed. R. Civ. P. 12, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint within 60 days after service on the U.S. attorney. See Rule 12(a)(2). If the officer or employee is sued in his individual capacity, the officer must answer within 60 days after service on the officer or on the U.S. Attorney, whichever occurs later. See Rule 12(a)(3). -2- which inappropriately tax the resources of the Court. Plaintiff is, again, encouraged to review the District of Kansas Local Rules and Federal Rules, and to thoroughly review the information for self-represented litigants on the Court’s webpage at In light of the above, Plaintiff’s Motion to Compel Production (ECF No. 17) is DENIED as premature. IT IS SO ORDERED. Dated at Wichita, Kansas this 23rd day of October, 2017. s/ Gwynne E. Birzer GWYNNE E. BIRZER United States Magistrate Judge -3-

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