SERVED: December 17,2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) Docket No. FAA-2015-1322 

EXTREME ENERGY SOLUTIONS, INC. ) 

) Case No. 2015NM730008 

Respondent ) 

ORDER RECONFIRMING THE FAA'S REPLY DEADLINE, 

PROVIDING DIRECTION ON PROPER SERVICE, 

AND DENYING RESPONDENT'S MOTION TO SUPPLANT THE COURT 

On November 18,2015 an Order Setting Deadline for the Respondent to Respond and 

Show Cause, and Ruling on Other Relief was filed. Among other things, this Order set a deadline 

of December 15, 2015, for the prose Respondent, Extreme Energy Solutions, Inc, to file the 

following: a) a written Response to the FAA's September 11, 2015 Motion; and b) a written 

Answer to the FAA's June 9, 2015 Complaint. The November 18,2015 Order also set a deadline 

of January 5, 2016 for the FAA's Reply to the Respondent's submissions. 

On December 15, 2015, the prose Respondent filed the following: a) Respondent's 

Answer to FAA's September 11,2015 Motion ("Response"); b) Respondent's Answer to FAA's 

June 9, 2015 Complaint ("Answer"); c)Motion for Request for Discovery of Oath of Office 

("Motion"); and d) Notice of Acceptance of Constitutions and of Oath of Office ("Notice"). 

This Order is limited in scope, since the FAA has not yet filed a Reply to the 

Respondent's submissions. 

A. Service Requirements 

Although the pro se Respondent has filed Certificates of Service with each of its 

submissions, the service identified is insufficient. The Certificates do not include the following: 

a) certification that the Respondent's submissions were filed with the FAA Hearing Docket 
("Hearing Docket"); b) certification of which type of service was actually utilized; and c) a list of 

proper addresses used for each service. 

1. Service on the Hearing Docket 

Pursuant to the FAA's Ru1es of Practice ("Rules"), the Hearing Docket maintains the 

official record of submissions. When a party submits a pleading, motion, or other document to 

the Court, the party must also contemporaneously serve the opposing party, and file the original 

and one copy of such document with the Hearing Docket, as provided by 14 C.F.R. § 13.210 and 

14 C.F.R. § 13.211. The Respondent must serve the Hearing Docket pursuant to the Rules. 

2. Type of Service 

In its Certificates, the Respondent asserts that it has served documents by "regu1ar mail 

and/or priority delivery; and/or fax." Answer, 10; Response, 5-6. The Respondent did not 

affirm, however, which method(s) it had utilized. The Respondent must affirm in its Certificate 

the specific method it has utilized for each service. 

Pursuant to 14 C.F.R. § 13.211(b), the parties must serve documents by personal delivery 

or by mail (which may include the USPS, FedEx, UPS, or other mail service). See, 14 C.F.R. § 

13.211(b) and 14 C.F.R. § 13.210(a) (equating delivery in person with delivery via expedited 

courier service). However, these Rules were adopted prior to the proliferation of electronic 

alternatives (i.e., email or fax), and prior to the September 11, 2001 attacks, which changed the 

method and timing of how federal government offices receive, process, and deliver U.S. mail. 

Thus, in the past two decades, parties in litigation have increasingly agreed to serve documents 

by mail, and to provide a contemporaneous courtesy copy by email or fax. 

In addition, throughout these and other FAA proceedings, this Court has directed the 

parties to file with this Court both a mailed copy, and a courtesy copy by fax or personal 

delivery. This courtesy filing method by fax or personal delivery, on or before the court-ordered 

deadline date, enables the Court to both ensure timely compliance with court-ordered deadlines, 

and to efficiently and effectively ru1e on motions within time periods provided in the Litigation 

Schedule. 

The Respondent should serve its documents by U.S. Mail or personal delivery, with a 

courtesy fax copy provided to the Court and to the FAA attorney. 

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3. Address of Service 

The Certificate of Service must also state a proper address for each method of service. A 

Certificate omitting the address of service is ineffectual, and does not demonstrate that service 

has occurred. See, 14 C.F.R. § 13.211 (g)("[ a] document that was properly addressed ... sent in 

accordance with this subpart ... "). 

The Respondent should list a proper address in its Certificate of Service for the Hearing 

Docket, the FAA attorney, and the Court. 

B. Respondent's Motions to Supplant the Court 

In its December 15, 20 15 Motion, the pro se Respondent asserts, among other things, that 

it has authority to direct the court to respond in "THIRTY [sic] (30) business days". Motion, 3. 

The Respondent also asserts that it has the authority to issue orders to "VACATE and DISMISS 

[sic]" this case action if this Court fails to comply with the Respondent's timeline demands. 

(Motion, 3.) These assertions are repeated in the Respondent's Response (Resp., 5), and its 

Answer (Ans., 10). Given the Respondent's prose status, these assertions are presumed to be 

motions submitted pursuant to 14 C.F.R. 13.208. 

The Respondent's Motions seek to establish itself, one ofthe parties in this case, as the 

ruling authority over both the FAA and the Court. These Motions are in direct conflict with the 

Rules (see, e.g., 14 C.F.R. § 13.205 and 14 C.F.R. § 13. 218(e)), and with federal litigation 

practice as a whole. The Respondent may not unilaterally assert itself as the controlling tribunal 

over the FAA or over the Court. The Respondent's Motions attempting to supplant the Court 

and its authority must be denied. 

C. Conclusion 

Having reviewed the case file, all relevant caselaw, statutes, regulations, ru1es, and 

authority, and being fully advised: 

IT IS HEREBY ORDERED: 

1. The January 5, 2016 deadline for the FAA to file a Reply to the· Respondent's 

submissions is reconfirmed. 

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2. The Respondent shall attach a Certificate of Service, as described by 14 C.P.R. 13.210 

and 14 C.P.R.§ 13.211, to any future docwnents it files with this Court. The Certificate 

of Service shall affirm that the Respondent has also served a copy of the documents upon 

the FAA attorney, as well as an original and one copy upon the FAA Hearing Docket, 

pursuant to 14 C.P.R.§§ 13.209(b) and 13.210. A copy of a Certificate of Service is 

attached to this Order, and shows all the names of the addressees and their physical 

mailing addresses. 

3. To ensure prompt delivery of docwnents to this Court, both parties should also fax a 

courtesy copy of its filed docwnents to the Court (fax no. 2021-366-7536). 

4. The Respondent's December 15, 2015 Motions asserting the ability to direct the Court 

and rule on case action are motions attempting to supplant the Court and its authority. 

These Motions are denied. 

5. Any questions regarding the procedures contained in this Order should be directed to Mr. 

Cody Smith, Attorney-Advisor at the Office of Hearings (202-366-6941). 

Attachment: Service List 

Page 4 of4 
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 0001 

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 

FAX: 973-209-4796 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2015-1322 

(Civil Penalty Action) 

1 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 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.