In The Matter Of: 

SERVED: OCTOBER 14,2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. 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 DISCOVERY PLAN 

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 of October 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 FAA provided 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 of the Parties; and a Joint 

Motion to Postpone Matter. 1 

1 The certificates of service attached to the Respondent's October 8, 2015 filings do not indicate that the original and 

one copy of the 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 via telephone 

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. Eastern time 

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 a joint 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 of this Order or questions with regard to the procedures to be 

followed in this 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 

of the 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 of the Regional Counsel 

Federal Aviation Administration 

222 West 7th A venue # 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 of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. 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. 
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In the Matter ot~ 

US 'Department of Transportation-Federal Aviation Adminis1ration; 

Alaskan Region 

Office of the 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 of the Honornblc Judge J.E. Sullivan; 

U.S. O~P .. TJ}.f,TRA:NS .. ~Qi<T.Mlt~ ' . OFFICE OfHEA~I.HGS ,. 

1015 OCT -8 P 2: .~1 ~ 

MOTION TO POSTPONE RULE 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 in this Mauer, has a seve:e oonflid of interest to their 

schedule and ask for a Motion to be granted Lo postpone the Scheduled Conference set 

forth on Thursday, October 015, 2015; to a furthered date tbr the conflict of schedule 

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 of the Agency, on October 7, 

2015, within the discussion, he stated on the pht'me that he 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 

DIRECTING THE 'PARTIES TO CONFER AND 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 of Of!ice of Hearings, 

M-20, US Department of Transportation, 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, 
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Alaska 99513-7587, and Htxed to (907) 271-2800 ns to their OFFICIAL CAPICITY, as 

woll as their lN DJVIDUAL PERSONAL PRIV t\. TE CAPICITY, as well a~ tlll,Y uf their 

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 or judgment against the 

D~fendaut, and will be disposed of without PREJUDICE. 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 of Extreme Bnergy Solutions, and M1'. Samuel Burlutn: 150 Main Street, 

Ogdensburg, NJ 07439 and fax (973) 209-4796 

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/' ····~ .. " ./' / . _ ... "'· , .... , Ry· / - L....--· . . --~-"' 

SaJ~.wel"'fCBur1 ~m, Prosident/CEO .. ~f ;t~d on behalf uf; 

Extn::mt: Energy Solulions, fnc. 
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CERTIFICATION OF TIMELY SEf~ 

f hereby 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: Oc~tg .. ~ep-8~2Q1?- .... ·'~.- - ·~-~ 

' .···· ,,, .... _ .. ·: •.... / - ' -' \ ..... ,. ·····.:· .. ,· 

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

Samttel _ Bu'rhi'in; 'Presid·euVCEO of and on behalf ot; 

·• 

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~­

JOI NT 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 a jointly Wlitten 

scheduling/discovery plan, and file it before October 8, 20'1 S; 

2}. Mr. Burlum, the CEO of Extreme 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. which Mr. Bu.du.m called Mr. Brown at 3pm eastern 

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 the phone call was concluded; 

5). Extrt:me Energy Solutions, and Mr. Samuel Burl urn have other matters that are 

currently in process of other courts, including a. divorce situation which has burdened Mr. 

Burlum 's tirne to attend other court matters since his persona I divorce matter is very 

intense and involved; 

6 ). Mr. Burlum fiflds having to deal with (2) two lcgalmattet s of g,r~;at magnitude at the 

same time would impede upon andjeopardi:t;e his ability to provide tbr his f..1mily since Mr. 
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Burlum c~nnot afibrd multiple counsels at the same time for both matters; 

7). M~r. Burlum lacks the tlxpertise to maneuver through the egal process and has li1nited 

knowledge of the Agency's practices, regulations, and rules of the court, and would ask. for 

leHic::nc.::y and !ali tude, until Extreme Energy and Burlum are able to retain proper counsel 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 of generating funds 

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 proper chance 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 matter no later 

than January 15. 2016; 

B. All ru.lirtgs on the Agency's motions be tabled tmtil after Extreme.: Energy nnd 

Bu.rlum have: propt:r repre$entation; whereas the Moti JTIS and items can be prop!;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 behalfofExtreme Energy and Burlum; 

C. All disclosures required by Rule (26)(1) will be made' by March 30, 2016; 

D. Any initial discovery request must be served on or before April20, 2016; 

E. The p~nties on whom an initial discovery request must be served must respond to it 

on or before May 30, 2016; 

F. Any follow-up discovery request must be served on c·t·before June 30, 2016; 

G. The pm1y on whom a follow-up discovery request is s·.::rved must respond to it on or 

before .July 30, 20 16; 

H. Any objection to a discovery request must be made to the requesting pa.rty within 

two weeks of the service of the request; 

l. Any dispositive motion must be filed un or before All gu:;t 30, 2016; 

r .. c"J 
Burlum'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 it is said on this date, Thursday, October 08; 2015, I hat it has been given this 

RESPON~E TO AGENCIES RULE 26(t) lVJ~ETING OF THE 'PARTIES; AND 

JOINT MOTION TO POSTPONE MAT,TE~.; to the .Honorable Judge J.E Sullivan, US 

Administrative Law Judge, at their respective contact infon·1ation of Office of Hearings, 

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 PRlV ATE 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; and failure 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 of without 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 of Extreme 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.