UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

DISTRICT JUDGE LAPLANTE’S STANDING ADM-1

ORDER FOR RULE 26(f) PLANNING MEETING Order 08-2

AND LOCAL RULE 16.1 PRETRIAL CONFERENCE

IT IS ORDERED:

The court shall hold a Local Rule 16.1 Preliminary Pretrial

Conference on a date established in a scheduling notice issued by

the Clerk’s Office. The conference will be held in District

Judge Joseph Laplante’s chambers, Room 401, 55 Pleasant Street,

Concord, NH if all counsel are from New England. Otherwise, the

conference will be held by telephone conference call to be

initiated by the court. Counsel will provide the Deputy Clerk

with telephone numbers to initiate the necessary calls. 

In preparation for the conference, counsel are directed to

confer on or before [21 days before Pretrial Conference] in

accordance with Rule 26(f) of the Federal Rules of Civil

Procedure. The court strongly encourages counsel to meet face to

face, but should that prove impractical, counsel shall meet by

telephone conference. Communicating by writing, including fax or

email, will not be sufficient. Counsel are jointly responsible

for arranging and attending the meeting. 

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On or before [14 days following conference], counsel shall 

submit to the court: 

• (a) a joint written report detailing their Rule 26(f)

meeting, conforming to the format of the form available on

the Court’s website; and 

• (b) a joint proposed Discovery Plan under Local Rule 26.1

that also includes at least those items listed in the form

available on the Court’s website.

While somewhat similar, the Rule 26(f) meeting report and the

discovery plan are different filings with different purposes: 

the Discovery plan primarily serves to keep the case on schedule

toward trial by establishing event dates and deadlines; the 26(f)

meeting report explains with more breadth and depth, the core

issues in the case and the parties efforts to resolve the case. 

During the Rule 26(f) meeting, counsel shall discuss the nature

and basis of their claims and defenses and the possibilities for

a prompt settlement or resolution of the case, make or arrange

for the disclosures required by Rule 26(a)(1), and develop their

joint proposed scheduling/discovery plan. These are the minimum

requirements for the meeting. Counsel are encouraged to have a

comprehensive discussion and are required to approach the meeting

cooperatively and in good faith. The discussion of claims and

defenses - - both at the Rule 26(f) meeting and the Local Rule

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16.1 Preliminary Pretrial Conference - - shall be a substantive,

meaningful discussion. In addressing the settlement or early

resolution of the case, counsel are reminded that the court

strongly encourages (although it does not mandate) participation

in an early alternative dispute resolution ADR effort. Counsel

are required to explore the feasibility of ADR not only between

themselves, but with their clients as well. The specific

reason(s) for any decision not to participate in a form of early

ADR shall be delineated in the Rule 26(f) report. If the parties

elect not to participate in an early ADR effort, the court may

nonetheless require a settlement conference shortly before

trial. 

Rule 26(a)(1) disclosures. In addressing the Rule 21(a)(1)

disclosures, counsel shall discuss the appropriate timing, form,

scope or requirement of the initial disclosures, keeping in mind

that Rule 26(a)(1) contemplates the disclosures being made by the

date of Local Rule 16.1 Preliminary Pretrial Conference and

including at least the four categories of information listed in

the rule. Rule 26 affords the parties flexibility in the scope,

form and timing of disclosures under both Rule 26(a)(1) (initial

disclosures) and Rule 26(a)(2) (expert witness disclosures), but

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the parties’ agreement on disclosures is subject to approval by

the court. In their discussion of disclosures, counsel shall

address issues of relevance in detail with each party identifying

what it needs and why. The discussion shall include as well the

sequence and timing of follow-up discovery, including whether the

discovery should be conducted informally or formally, and whether

it should be conducted in phases to prepare for the filing of

particular motions or for settlement discussions.

The Local Rule 16.1 Preliminary Pretrial Conference.

Actual parties may attend the Preliminary Pretrial in chambers,

but only if both parties agree to attend. Counsel are expected

to be prepared to engage in an open, cooperative discussion in

good faith. Counsel are reminded of the obligations imposed by

Fed. R. Civ. P. 11(b(3(4) and should be present to explain the

factual basis underlying any claims or defenses they have

pleaded.

Scheduling/discovery plan. The deadlines in the

scheduling/discovery plan shall be mutually agreeable, with a

view to achieving resolution of the case with a minimum of

expense and delay. At the Rule 16.1 Preliminary Pretrial

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Conference, the court will review the plan with counsel and set a

firm trial date. Consequently, all deadlines in the schedule,

including the dispositive motion deadline, must be met within 14

months of filing of the complaint in order to afford adequate

time for briefing and ruling prior to the final pretrial

conference and trial dates. 

Counsel. Each party shall be represented in the Rule 26(f)

meeting and in preparation of the report and scheduling/discovery

plan, as well as at the Local Rule 16.1 Preliminary Pretrial

Conference, by counsel authorized to bind the party on all

matters to be covered. 

Dated: February 21, 2008 /s/ Joseph N. Laplante___

Joseph N. Laplante

United States District Judge

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