### In The Matter Of: 

## SERVED: OCTOBER 14,2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-1322 EXTREME ENERGY SOLUTIONS, INC. ) ) ) ) ) 

### Case No. 2015NM730008 Respondent

ORDER CONTINUING THE RULE 16 LITIGATION SCHEDULING CONFERENCE AND DEFERRING THE RULE 26(f) JOINTLY PROPOSED DISCOVERYPLAN
On July 3, 2015, 2015, an Order Setting a Rule 16 Litigation Scheduling Conference, and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan was filed. This Order set a deadline ofOctober 8, 2015 for filing a Rule 26(f) Jointly Proposed Discovery Plan,
as well as Thursday, October 15,2015, at 1:30 p.m. Eastern time for the Rule 16 Litigation Scheduling Conference. On September 11,2015 the FAA filed Agency's Motion to Deem Allegations Admitted and for a Decision Regarding the Violations. On October 7,'2015, the FAA filed the Agency's Report Regarding Rule 26(f) Meeting of the Parties. The FAA noted that despite two attempts to contact the

### pro se Respondent, the parties had not met and conferred as ordered by the Court. Thus, the FAAprovided a unilateral proposed scheduling/discovery plan. On October 8, 2015, the

### prose Respondent filed a Motion to Postpone Rule 16 Litigation Scheduling Conference, and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan; and a Response to Agencies Rule 26(f) Meeting ofthe Parties; and a Joint Motion to Postpone Matter. 1

1 The certificates ofservice attached to the Respondent's October 8, 2015 filings do not indicate that the original and one copy ofthe filings were filed with the FAA Hearing Docket. To ensure proper record filing, copies ofthe Respondent's materials are attached to this Order.

### Later that same day, on October 8, 2015, the FAA filed an Addendum to Report Regarding Rule 26(£) Meeting ofthe Parties. The FAA asserted that it had spoken viatelephone to the Respondent's lay representative, Mr. Burlem, and that both parties were amenable to continuing the Rule 16 Litigation Scheduling Conference to November 17, 2015, at 1:30 p.m. Eastern time.
Pursuant to 14 C.F.R. 

### § 13.205(a)(l) and (8), and having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised;

IT IS HEREBY ORDERED: 1. The Litigation Scheduling Conference set for October 15, 2015, at 1:30 p.m. Easterntime is continued to Tuesday, November 17,2015, at 1:30 p.m. Eastern time. To access the Court's conference line, the parties shall call202-493-2343.

2. The parties' deadline for filing ajoint discovery plan (as fully discussed in the July 31, 2015 Order) is deferred, and will be addressed at the November 17, 2015 Conference.

2. For clarifications ofthis Order or questions with regard to the procedures to be followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachments: 1) Service List 2) Respondent's October 8, 2015 Motion to Postpone 3) Respondent's October 8, 2015 Response to Agencies [sic] Rule 26(£) Meeting ofthe Parties; and Joint Motion to Postpone Matter

### SERVICE LIST- BY U.S. 

### MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1 0002



### Mr. Glenn H. Brown 

### Complainant's Counsel Office ofthe Regional Counsel Federal Aviation Administration 222 West 7th Avenue #14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 Mr. Samuel K. Burlum, President/CEO Extreme Energy Solutions, Inc. 

### Respondent 150 Main Street Ogdensburg, NJ 07439
Judge J.E. Sullivan 

### US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 

### ONE COPY

1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-1322 (Civil Penalty Action)

2 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430.ULI -C:h::::\:11::, 1c : "+k1 1- t<UI"I : \::.X I1-<\::.lvl\::. I::.N\::.1-<l.:lY :::lULU I :! (-5cl::J:!"+ ('::Jb



### In the Matter**ot~** US 'Department ofTransportation-Federal Aviation Adminis1ration; 

### Alaskan Region Office 

### ofthe 

### Regional Counsel 222 W. 71 .11 Avi:.:nue#l4 

### Anchorage, Alaska 99513 And;
Extreme

### Energy Solutions, Inc. 150 Main Street 

### Ogdensburg, N.l 07439**Rl~:** Case Number: 2015NM730008 To the attention ofthe Honornblc JudgeJ.E. Sullivan; 

### U.S.**O~P** 

### .. TJ}.f,TRA:NS

..**~Qi<T.Mlt~** 

### '

. OFFICE**OfHEA~I.HGS** 

### ,. 

## 1015 OCT -8 P 

## 2:

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MOTION TO POSTPONERULE 16 LITIGATION SCHEDULING CONFERE;,NCE, 

### AND DIRECTINGTlfE**PAR'IJES.~,O** CONFER AND FILE A RULE 26({) 

### PROJ!OSED DISCOVEBY!i-AN. 

### l). 

### Extreme Energy Solutions, 

### Inc. and

### Mr. Samuel K. 

### Burlunj CEO and President of

### the Company in question by the Agency inthis Mauer, has a seve:e oonflidofinterest to their schedule 

### and ask for 

### a Motion to 

### be granted Lo 

### postpone the Scheduled

### Conference set forth 

### on Thursday, October

### 015, 2015; 

### to afurthered 

### date tbr the 

### conflict ofschedule involves two different jurisdictions 

### and courts; 2}. To 

### postpone the sched1.M.d 

### Rule 16 Litigation Scheduling**Conf~rence;** 

### scheduled for Thursday, Octoher 

### 15,2015, at 1:30 p.m. Eastern Time for 

### a Rule 

### l6 Litigation Scheduling Conference until an alternative date in February 2016; Mr. Burlum has a scheduled appoinnnent in family 

### coUii that day and the 

### ta.mily court date cannot be 

### changed at this time; 

### 3). Afl:er 

### speaking with 

### Mr. G1etl11 Brown, the representative ofthe 

### Agency, on October 7, 2015, within the discussion, he stated onthe pht'me thathe was not opposed to rescheduling the conference; And it is said on this date, Thursday, October 08,2015, 

### that H, the .M..OTION TO POSTPONE RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTINGTHE 'PARTIES TO CONFERAND FILE A RULE 26CQ ;pROPOSED DISCOVERY PLAN has been given this to 

### the Honorable Judge 

### J.E Sullivan, US 

### Administrative Law Judge. at their 

### respective contact information ofOf!ice ofHearings, 

### M-20, US Department ofTransportation, 1200 New Jersey Avenue, 

### S.E. (Ell-310), Washington, DC 20590, and faxed to (202)**366-7536~** 

### a.J1d to Mr. Glenn H. Brown, Enforcement Division, Western Team, 

### located at 222 W 

### i 11 

### A'enue, Box 14, Anchorage,ULI-t5-C:I<Jl:> lC:;'-ti<J ri"<:UI'I;t:.AII"<:t:.l'lt:. t:.l'lt:.K\!AT**~ULUI** ":!fJC:I!:J":!'if':Jb IU;C:I<JC:Jbbf:>Jb

Alaska 99513-7587, and Htxed 

### to (907) 271-2800 

### ns to their OFFICIAL CAPICITY, as woll as their lNDJVIDUAL PERSONAL PRIVt\.TE CAPICITY, as well**a~** tlll,Y uftheir ugcnl:s, appointees, 

### employees, assistants, peers, known as**tht~** ''NOTJFTED J:>A.R11ES", 

### collectively or as individuals whom represent the COURT acknowledge 

### thil:i MOTlON; And it 

### is said; The COURT has five (5) business days to respond to this 

### MOTION; und 

### failure to respond will 

### automatically VACATE nnd DISMJS8 this MATTER 

### before the COURT; a.nd the case will be disposed of

### without any fine and orjudgment 

### against the**D~fendaut,** 

### and will

### be disposed ofwithoutPREJUDICE. Re!sponse is to be forwarded by the Court to the 

### Defendant to the said address 

### provided in the previously filed address 

### with the Court; 

### as the following: Address ofExtreme Bnergy Solutions, and M1'. Samuel Burlutn: 150 Main Street, Ogdensburg, NJ 07439 and fax (973) 209-4796

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## SaJ~.wel"'fCBur1**~m,** Prosident/CEO

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## ~f**;t~d** on behalf

### uf; Extn::mt: Energy Solulions, fnc.uc 1

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### CERTIFICATION OF TIMELY**SEf~** 

### fhereby have resp011ded within the time fra.me 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**f~x** to the 

### following numbers: 

### F'ax to Mr. Gk'Tin 

### H. Brown's office at (907) 271-2800 'Fax to the Honorable Judge J.E. Sullivan office-chambers at (202)**366~**7536

Dated:

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..,· By:**L_:c,_".~./':__; --~----,...-**  Samttel

_ Bu'rhi'in; 'Presid·euVCEO ofand on behalfot; ·•



### Extreme Energy Solutions, Inc.• u uu; un\.:nuQn ut tnc uonorame**t~nugc** 

### .,•.ll.i.**~muvan;** RESPONSE TO**AG..,~.,rcJES** RULE 26(D MEETING OF THll.. f'ARTIES;**A~­** JOINT MOT'ION TO POSTPONE**M~:rTER;** 

### I). Extreme Energy Solutinns, Inc. 

### (Extreme Energy) did in fact received the notice, an order to privately conduct a Rull':l 26(f) planning meeting, to prepare ajointly Wlitten scheduling/discoveryplan, and file itbefore October 8, 20'1 

### S; 2}. Mr. Burlum, the CEO ofExtreme

### Energy Solutions, did Jn fact call 

### the numbers**provid~d** by

### the Agency; 

### and with little or

### no 

### luck would 

### always receive voice mail 

### recording, and never a live 

### person: 3). It wat:-: not until October 7, 2015, in which a Mr. Glenn R**Brown~** counsel for the agency actually answered his phone in. whichMr. Bu.du.m called Mr. Brown at 3pmeastern standard time, which would be llam in Alaska. When Mr. E-urlum entered into a discussion 

### about the meeting, Mr. Brown responded that he already 

### submitted his notice and was not going to change 

### it at that time; despite that the

## rn o parties still had I and a half 

### day to conduct the meeting and 

### submit 

### items to the Court; 

### 4). We wero served by tax, on October 7, 2015, the 

### proposed plan by Glenn H. Brown shortly after thephone call was concluded; 5). Extrt:me Energy 

### Solutions, and Mr. Samuel Burlurn 

### have other matters that are currently 

### in process ofother 

### courts, 

### including 

### a. divorce situation 

### which has burdened Mr. Burlum's tirne to attend other court matters since his personaIdivorce matter is very intense and 

### involved;
6). Mr. Burlum fiflds having to deal with (2) two lcgalmattets of**g,r~;at** magnitude at the 

### same time would 

### impede upon andjeopardi:t;ehis ability

### to provide

### tbrhis f..1mily 

### since Mr.UL I**-t:I-C:I::Il~** lC:: I::Jb r t'<:UI'I: t::.A I t'<:t::.l'lt::. t::.l'lt::.t'<:\!:1 T OULU I :? 1-.)C:IO:?"t I :?0**IU·C.~C.....JOOJ._)._)Q**

Burlum**c~nnot** 

### afibrd multiple counsels 

### at the same time 

### for both matters; 7).**M~r.** Burlum lacks the tlxpertise to maneuverthrough the egal process and has li1nited knowledge ofthe 

### Agency's practices, regulations, and rules ofthe court, and would ask. 

### for leHic::nc.::y and !alitude, until ExtremeEnergy andBurlum are able to retain propercounsel to represent them in this matter; 8). Mr. Burlum has already 

### consulted with a legal representative that is 

### willin.g to serve as counsel in l'his matter, however Burlum and Extreme Energ} lack the fimds to retain the counsel at**thi~** time. Extreme and Burlum are working toward this goal ofgeneratingfunds to appropriate!y retain counsel in this matter; · 9). Extreme 

### Energy and Burlum recog.inize the 

### tact that the FAA has taken 

### advantage of 

### the Htcts 

### that 

### Extreme Energy nor Burlum 

### are experts on 

### the Agei1cy's 

### rules and 

### l'egulations; and 

### therefore 

### Extreme and B'urlum, 

### without the 

### properchance to retain consel in this matter feel that their Constihitional Rights, their right to proper legal representation has been 

### violated by the Agency;
t

### 0). Extreme 

### Energy and Burl

### urn propose the following: A. Extreme Energy and Burlum retain counsel to represent them in this matterno later than January 15. 2016; B. All ru.lirtgs on theAgency's motions be tabled tmtil after Extreme.: Energy nnd Bu.rlum have: propt:rrepre$entation; whereas the Moti JTIS anditems can beprop!;lrly 

### reviewed by 

### expelience 

### counsel representing 

### the Extreme 

### Bnergy and Burlum J)miies; and that said counsel has a chance to properl:1 respond within the rules of the Court to 

### formally respond on behalfofExtremeEnergy and Burlum; C. All disclosures required by Rule (26)(1) will be made' by March 30, 2016; 

### D. Anyinitial discovery request must be served onorbefore April20, 2016; E. The**p~nties** on whom an initial discoveryrequest mustbe servedmustrespondto 

### it on orbefore May 30, 2016; F. Any follow-up discovery request must be served onc·t·before June 30, 2016; G. The pm1y on whom a follow-up 

### discovery request is

### s·.::rved mustrespond to it on or before .July 30, 20 16; H. Any objection to a discoveryrequest mustbemade to the requestingpa.rty within two weeks ofthe service ofthe request; 

### l. Any dispositive motion mustbe filed un or beforeAllgu:;t 30, 2016; r .. c"JBurlum's rights to falr trial; Burlum also 

### looks to avoid conflict with the Courts as it**r~gards** aggravating them 

### because he 

### cannot be 1n 

### two places at the same time; And itis said on this date, Thursday, October 08; 2015, Ihat ithas been given 

### this**RESPON~E** TO AGENCIES 

### RULE 26(t)**lVJ~ETING** OFTHE 'PARTIES; AND JOINT MOTION TO POSTPONE**MAT,TE~.;** to the 

### .Honorable JudgeJ.E Sullivan, US 

### Administrative Law Judge, at their respective contact infon·1ation ofOffice ofHearings, 

### M.-20, US Department ofTmnsportation, 

### 1200 New Jersey A.**venue~** S,E, 

### (Ell-31

### 0), Washington, DC' 20590, and faxed to (202) 366-7536; and to Mr. Glenn II, Brown, Enforcement**Division~** Western Team; located at 222 W 7th Avenue, Box !4, Anchorage, 

### Alaska 99513-7587, and faxed to (907) 271-2800 

### as to theil OFFlClAL

### CAPICITY, as well as their 

### TNDlVlUUAL PERSONAL PRlVATE 

### CAPIC'ITY, as well as any ofthei.r agents, appointees, employees, a.ssi.stants, peers, known as tl1e 

### 'WOTIFIED PARTIES", collectively or as individuals whom represent t:he 

### COURT**<:~c.lmowledge** this MOTION; 

### And it 

### is said; The COURT has 

### t1vc (5} business 

### days to respond to thi:s RESPONSE AND MOTION; andfailure to respond will 

### automatically VACATE 

### and DISMISS this MATTER betbre 

### the COURT; and the 

### case will 

### be disposd of

### without

### any fine 

### and or 

### judgment against the 

### Defendant, and will be 

### disposed ofwithout PREJUDICE. 

### Response is to be forwarded by 

### the Court to the Defendant to the said address provided in the previously filed 

### address with the Cour1'; as the 

### following: Address ofExtreme Encrb'Y Solutions, and Mr. Samuel Burlum: 150 Main SLreel, Ogdensburg, NJ 07439 and fax (973) 209-4796**Sam~.** . Bttrlttn'J:;-P-Festd·en:ffeE**Exlr~me** Energy 

### Solutions, Jnc.**IU·C.~C.-JOOI....)-JO**

CERTIFJ'CATION OF TIMELY SERVICE Thereby have responded within the time frame allotted by t1c FAA Attorney withjn**th~;;** NOTICE Or PROPOSED CIVIL PENALTY, and hereby serve the Company's response 

### via e1nail 

### ;md certified mail tl1rough 

### the United States Parcel Service; and via 

### fax to 

### the following numbers: 

### Fax to Mr. Glenn H. Brown's office at (907) 271-2800 Fax to the Honorable 

### Judge J.E. Sullivan office-chambers a, (202) 366-7536

San

. Burh.un, 

### President/CEO of: Ex.lrcme Energy Solutions, Inc.