### In the Matter of; US Department ofTransportation-Federal Aviation Administration; Alaskan Region Office ofthe Regional Counsel 222 

### W. 7cl' Avenue #14 Anchorage, Alaska 99513 And; Extreme Energy Solutions, Inc. 150 Main Street Ogdensburg, NJ 

### 07439 RE: Case Number: 2015NM730008 To the attention ofthe HonorableJudge J.E. Sullivan; ,_::



### RESPONSE TO AGENCIES RULE 26(f) MEETING OF THE PARTIES; AND JOINT MOTION TO POSTPONE MATTER; 1). Extreme Energy Solutions, lnc. (Extreme Energy) did in fact received the notice, an order to privately conduct a Rule26(f)planning meeting, to prepare ajointlywritten scheduling/discoveryplan, and file it before October 8, 2015; 2). 

### Mr. Burlum, the CEO ofExtreme Energy Solutions, did in fact call the numbers provided bythe Agency; and with little or no luck would always receive voice mail recording, and never a live person; 3). H 

### was notuntil October 7, 2015, in which a Mr. Glenn H. Brown, counsel for the agency actuallyanswered his phone in whjo:h Mr. Burlumcalled Mr. Brown at 3pm eastern standard time, which would be !lamin Alaska. When Mr. Burlum entered into a discussion about the meeting, 

### Mr. Brown responded that he already submittedhis notice and was not going to change it at that time; despite that the two parties still had I and a half dayto conduct the meeting and submit items to the Court; 4). We were served by fax, on October 7, 2015, the proposedplanby Glenn H. Brown shortly after the phone call was concluded; 5). Extreme Energy Solutions, and Mr. Samuel Burlum have othermatters that are currently inprocess ofother courts, including a divorce situation which has burdened 

### Mr. Burlum's time to attend other court matters since his personal divorce matter is very intense and involved; 6). ]'vir. Burlum fmds having to deal with (2) two legal matters ofgreat m1!gnitude at the same time would illlpede uponandjeopardizehis abilityto provideforhis family since Mr.Burlum cannot afford multiple counsels at the same time for both matters; 7). Mr. Burlum lacks the expertise to maneuver through the legal process andhas limited knowledge ofthe Agency's practices, regulations, and rules ofthe court, and would ask for leniency and latitude, until Extreme Energyand Burl urn are ableto retainproper counsel to represent them in this matter; 8). Mr. Burlumhas already consulted with a legal representative that is willing to serve as counsel in this matter, however Burlum and Extreme Energy lack the funds to retain the counsel at this time. Extreme andBurlum are workingtowardthis goal ofgenerating funds to appropriately retain counsel in this matter; 9). Extreme Energy and Burlum recoginize the fact that the FAAhas taken advantage of the facts that Extreme Energy nor Burlum are experts on the Agency's rules and regulations; and therefore Extreme and Burlum, without theproper chanceto retain consel in this matter feel that their Constitutional Rights, their right to proper legal representation has been violated by the Agency; 10). ExtremeEnergy and Bnrlum propose the following: A. Extreme EnergyandBurl urn retain counsel to represent them in this matterno later than January 15, 2016; B. All rulings on the Agency's motions be tabled until after Extreme Energy and Bnrlumhaveproperrepresentation; whereas the Motions anditems canbeproperly reviewed by experience counsel representing the Extreme Energy and Burlum Parties; and that said counsel has a chance to properly respond within the rules of the Court to formally respond on behalfofExtreme Energy and Burlum; C. All disclosures required by Rule (26)(1) will be made by March 30, 2016; D. Any initial discoveryrequest must be served on or before April 20, 20 16; E. Theparties on whom an initial discoveryrequest must be served must respondto it on orbefore May30, 20 16; F. Any follow-up discovery request must be served on orbefore June 30, 2016; G. The partyonwhom a follow-up discoveryrequest is servedmustrespondto it onor beforeJuly30, 2016; H. Any objection to a discovery request must be made to the requesting party within two weeks ofthe service ofthe request; I. Any dispositive motion must be filed on or before August 30, 2016;

### J. Any hearing will beheld on or after September 30, 2016; 11). ExtremeEnergy/Burlum's objections 

### to the FAA's fast haste in this matter; A. Theparties, Extreme Energy Solutions, Inc.; and Mr. Samuel K. Burlum; have a right to counsel underthe LAW OF THE UNITED STATES CONSTITUTION; and are herebyEXPRESSING ANY AND ALL RIGHTS TO COUNSEL TO REPRESENT THE PARTIES OF EXTREME ENERGYAND BURLUM IN THIS MATTER; any further proceeding without proper representation afforded to these two parties herein is a clear violation ofthe parties Constitutional Rights; B. Extreme Energy and Burlum are disturbed bythe fact that said representatives of the government agency, FAA, would proceed and push this matter without the parties ofExtreme Energy and Burlum having a fair and equitable 1ight to counsel in this matter, and therefore see this as haste and unfair advantage by the Agency; C. In the event Extreme Energy and Burlum

### 's Constitutional Rights are violated in this matter, Extreme Energy and Burlum reserves any and all rights to hold those parties whom violatedExtreme Energy andBurlum·s rights. accountable under the letter ofthe law; both intheirprofessional capacity, and in theirindividual personal private capacity; D. Itis fact, clear, and evident, that the FAA andits Representativeswishto operate in a capacity which does nothonor the Constitution, due to its inabilityto cooperate withthe Extreme Energy and Burlum parties; have takenhastymeasures to assume the position andposture ofthe Extreme Energy and Burlum parties, without ever asking ifthe parties had legal counsel or advisement; furthermore never did the Agency evermake any effort to explain the regulation, their authorities rights, in which the parties couldunderstand; 

### 12). ExtremeEnergy and Burlum; proposes the following motion and adjournment, ofthe following: A. To postpone these proceedings until Extreme Energy and Burlum have retained propercounsel as proposed herein; B. To postpone the scheduled Rule 16 Litigation Scheduling Conference; scheduled for Thursday, October 15, 2015, at 1:30 p.m. Eastern Time for a Rule 16 Litigation Scheduling Conference until an alternative date in Febmary 2016; Mr. Burlumhas a scheduled appointment in family court that day and the family court date cannot be changed at this time; 

### C. Burlumhas prioritizedhis legal matters ofthe safety and well-beingofhis familyto be more important than the request and demands ofthe FAA; Burlumreserves his rights to a fair trial and fair proceeding, that are afforded to him under the US Constitution, and therefore a conflict ofschedule would most certainlyjeopardizeBurlum's rights to fair trial; Burlum also looks to avoid conflict with the Courts as it regards aggravating them because he cannot be in two places at the same time; And 

### it is said on this date, Thursday, October 08, 2015, that it has been given this RESPONSE TO AGENCIES RULE 26{f) MEETING OF THE PARTIES; AND JOINT MOTION TO POSTPONE MATTER; to the Honorable JudgeJ.E Sullivan, US Administrative Law Judge, at their respective contact information ofOffice ofHearings, M-20, US Department ofTransportation, 1200 New Jersey Avenue, S.E. (Ell-310), Washington, DC 20590, and faxed to (202) 366-7536; and to Mr. Glenn H. Brown, Enforcement Division, Western Team, located at 222 W 7th Avenue, Box 14, Anchorage, Alaska 99513-7587, and faxed to (907) 271-2800 as to their OFFICIAL CAPICITY, as well as their INDIVIDUAL PERSONAL PRIVATE CAPI CITY, as well as any oftheir agents, appointees, employees, assistants, peers, known as the 

### "NOTIFIED PARTIES", collectively or as individuals whom represent the COURT acknowledge this MOTION; And it is said; The COURT has five (5) business days to respond to this RESPONSE AND MOTION; and failure to respond will automaticallyVACATE and DISMISS this MATTERbefore the COURT; and the case will be disposed ofwithout any fme and or judgmentagainst theDefendant, and will be disposed ofwithout PREJUDICE. Response is to be forwarded bythe Court to the Defendant to the said address provided in the previously filed address with the Court; as the following: Address ofExtreme Energy Solutions, and Mr. Samuel Burlum: 150 Main Street, Ogdensburg, NJ 07439 and fax (973) 209-4796

Dated:

**Oct<?J!-'lL~,_fOl;S**

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### ,. •' -1' By: _,.·""/,.,,/

- ·"''

. Samuel K.Burl urn, President/CEO ofaJ1d on behalfof; ExtremeEnergy Solutions, Inc.

### CERTIFICATION OF TIMELY SERVICE I hereby have responded within the time frame allotted by the FAA Attorney within the NOTICE OF PROPOSED CIVIL PENALTY, and hereby serve the Company's response via email and certified mail through the United States Parcel Service; and via fax to the following numbers: Fax to Mr. Gleun H. Brown's office at (907) 271-2800 Fax to the Honorable Judge J.E. Sullivan office-chambers at (202) 366-7536



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. By:•. / ./ Samuel

## K. Burl urn, President/CEO ofand onbehalfof; ExtremeEnergy Solutions, Inc.