In The Matter Of: 

## SERVED: JULY 31, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASI-IINGTON, DC

DocketNo. PAA-2015-1322 EXTREME ENERGY SOLUTIONS, INC. ) ) ) ) ) Case No. 2015NM730008 Respondent

ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFER AND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.P.R.§ 13.205 and Civ. R. 16, the parties shall appear by telephone on Thursday, October 15, 2015, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 iY!fi-a) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26([) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.R.§ l3.205(a)(6) and Civ. R. 26(f),prior to convening with the Judge

· for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f)

planning meeting and prepare ajoint1y written proposed scheduling/discovery plan, which must be completed and filed with the undersigned Judge on or before Thursday, October 8, 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan.The attorneys ofrecord and all**unrepresent~d**parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature andbasis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss.matters identified in 14 C.F.R. § 13.217 and Rule 26(£)(2) and (3) as part ofdeveloping their proposed scheduling/discoveryplan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery shouldbe conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discoveryplan should be mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so thatthese disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuant to 14 C.F.R. § 13.211(a), a copy ofany document a party files withthe Federal AviationAdministrationHearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served uponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhich the documents mustbe datestamped received atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), onorbefore the deadline date.

Page 2 of3Failure ofa partyto timely file documents by the court-ordered deadline could leadto theparty's positionnotbeing considered. 5) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa partyhas an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, andthen contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

U.S. Administrative LawJudge

Attachment: Service List

Page 3 of3SERVICE 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-Suite2Wl000 1 ·

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. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-1322 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orbyexpedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washingtolf, DC 20591; Attention: Hearing Docket Clerk, AGC-430. Page 4 of3