### SERVED: December 17,2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) DocketNo. FAA-2015-1322 EXTREME ENERGY SOLUTIONS, INC. ) ) Case No. 2015NM730008 Respondent )

ORDERRECONFIRMING THE FAA'S REPLYDEADLINE, PROVIDING DIRECTION ON PROPER SERVICE, AND DENYING RESPONDENT'S MOTION TO SUPPLANT THE COURT
OnNovember 18,2015 an Order Setting Deadline for the Respondent to Respond and Show Cause, and Ruling on Other Reliefwas filed. Among other things, this Order set a deadline ofDecember 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 ofJanuary 5, 2016 for the FAA's Reply to the Respondent's submissions.

OnDecember 15, 2015, the

### prose Respondent filed the following: a) Respondent's Answer to FAA's September 11,2015 Motion ("Response"); b) Respondent's Answerto FAA's June 9, 2015 Complaint ("Answer"); c)Motion for Request for Discovery ofOath ofOffice ("Motion"); and d) Notice ofAcceptance ofConstitutions and ofOath ofOffice ("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 ofService with each ofits submissions, the service identified is insufficient. The Certificates do not include the following: a) certificationthat the Respondent's submissions were filed with the FAA Hearing Docket("Hearing Docket"); b) certification ofwhich type ofservice was actuallyutilized; and c) a list of proper addresses used for each service.
1. Service onthe Hearing Docket Pursuantto the FAA'sRu1es ofPractice ("Rules"), the Hearing Docketmaintains the official record ofsubmissions. When a party submits a pleading, motion, or other documentto the Court, the party must also contemporaneously serve the opposingparty, and file the original and one copy ofsuch 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 Docketpursuant to the Rules.

2. Type ofService In its Certificates, the Respondent asserts that ithas served documents by "regu1ar mail and/or priority delivery; and/or fax." Answer, 10; Response, 5-6. The Respondent didnot affirm, however, which method(s) it had utilized. The Respondent must affirm in its Certificate the specific method it has utilized for each service. Pursuantto 14 C.F.R. 

### § 13.211(b), the parties must serve documents bypersonal delivery
orby mail (whichmay 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 inperson with delivery via expedited courier service). However, these Rules were adopted priorto the proliferation ofelectronic alternatives (i.e., email orfax), and prior to the September 11, 2001 attacks, which changed the method and timing ofhow 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, 

### andto provide a contemporaneous courtesy copy by email orfax. 

### In addition, throughoutthese and otherFAA proceedings, this Court has directed the parties to file withthis Courtboth a mailed copy, and a courtesy copy byfax orpersonal delivery. This courtesy filing methodby fax orpersonal delivery, on orbefore 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 orpersonal delivery, with a courtesy fax copy providedto the Court and to the FAA attorney.
Page 2of43. Address ofService The Certificate ofService must also state a proper address for each method ofservice. A Certificate omitting the address ofservice 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 ofService 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, thepro se Respondent asserts, among otherthings, 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 ifthis 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'sprose status, these assertions are presumed to be motions submitted pursuantto 14 C.F.R. 13.208. The Respondent's Motions seek to establish itself, one ofthe parties in this case, as the ruling authority overboth the FAA and the Court. These Motions are in direct conflict withthe 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 itselfas the controlling tribunal
overthe FAA or overthe Court. The Respondent's Motions attempting to supplantthe 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.

Page 3 of42. The Respondent shall attach a Certificate ofService, 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 ofService shall affirm thatthe Respondent has also served a copy ofthe documents upon the FAA attorney, as well as an original and one copy upon the FAA Hearing Docket, pursuantto 14 C.P.R.§§ 13.209(b) and 13.210. A copy ofa Certificate ofService is attached to this Order, and shows all the names ofthe addressees andtheirphysical mailing addresses.
3. To ensure prompt delivery ofdocwnents to this Court, bothparties should also fax a courtesy copy ofits filed docwnents to the Court (fax no. 2021-366-7536).
4. The Respondent's December 15, 2015 Motions asserting the ability to directthe Court andrule oncase action are motions attempting to supplantthe Court and its authority. These Motions are denied. 5. Any questions regarding the procedures contained inthis Order should be directedto Mr. Cody Smith, Attorney-Advisor atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 4 of4SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 :.;

Wilbur Wright Building-Suite2W10001

Mr. Glenn H. Brown Complainant's Counsel Office ofthe Regional Counsel Federal AviationAdministration 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 FAX: 973-209-4796
Judge J.E. Sullivan US. Administrative LawJudge 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 by U.S. Mail. For service in person orby 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.