In The Matter Of: 

## SERVED: September 9, 2016
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2015-1322 EXTREME ENERGY SOLUTIONS, INC. ) ) ) ) ) Case No. 2015NM730008 Respondent

ORDERSETTING A SECOND RULE 16 LITIGATION SCHEDULING CONFERENCE,AND DIRECTING THE PARTIES TO

CONFERAND FILEA RULE 26(f) PROPOSEDDISCOVERYPLAN

On November 17, 2015, the FAA and theprose Respondent convened by telephone for a Rule 16 Litigation Scheduling Conference. During this Conference, the parties briefly reviewed and discussed the status ofthe case and agreed to deadlines for submission ofmaterials on the FAA's September 11, 2015 Motion. All other litigation and procedural issues were tabled, until after the FAA'sMotion was fully addressed. On November 18, 2015, an Order Setting Deadline for the Respondent to Respond and Show Cause, and Ruling on Other Reliefwas filed.
Between December 15, 2015 and January 4, 2016 the parties filed various motion materials and documents. 1
On September 6, 2016 an Order Finding Good Cause, Accepting Answer, and Granting/Denying Other Reliefwas filed. Among other things, this September 6, 2016 Order held that a separate order would issue shortly, to set another Rule 16 Litigation Scheduling Conference. (September 6, 2016 Order, 13,**~** 6.) Having reviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being fully advised;

1The parties' December 15, 2015 through January 4, 2016 documentary filings are specifically identified in the September 6, 2016 Order, and will notbe repeated here.IT IS HEREBY ORDERED:



### 1. October

### 20,2016: Second Rule 

### 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. 

### § 13.205 and Civ. R. 16, the parties shall appearby telephone onThursday, October 20, 2016, at 1:30 p.m. Easterntime for a SecondRule 16 Litigation Scheduling Conference. During this Conferencethe parties will discuss the issues in the dispute, theirjointly submitted Proposed Scheduling/Discovery Plan (see paragraph 2 infra) 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 otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 1-888-278-0296 (Access No. 5851842). 

### 2. October 13, 2016: Deadline for Submission ofthe Parties' Rule 26(f) Jointly Proposed Scheduling/Discovery Plan: Pursuantto 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the SecondRule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywritten Proposed Scheduling/Discovery Plan, which must be completed and filed with the undersigned Judge on or before Thursday, October 13, 2016 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and any unrepresented parties arejointlyresponsible

**f~r** arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan. [NB: In the rare instances where a party does not participate in discussion(s), the opposing party shall file a unilateral plan, with a report ofthe good faith attempts itmade to contact and discuss the plan withthe non-respondingparty.] 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(f)(2) and (3) as part ofdeveloping theirproposed scheduling/discovery plan.
The parties' planning meeting should also include discussion about the sequence and timing of follow-up discovery, including whether that discovery should be conducted in phases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). Page 2 of3The proposed discovery deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum ofexpense and delay. Anyunresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so that these disputes maybe addressed by the Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and ServingDocuments: Pursuantto 14 C.F.R. § 13.211(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party. 4) Compliance with Court-Ordered Deadline Dates: Whenever the Judge orders the parties to file documents by a specific deadline4ate (see, e.g., paragraph 2 ab?ve) such deadline date is the date by which the documents must be date-stamped received at the Office ofHearings. To ensure compliance with this 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),
on orbefore the deadline date. Failure ofaparty to timely file documents by the court-ordered deadline could lead to the party'sposition not being considered. 5) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mrs. Rachael Brown, Judicial StaffAssistant at the Office ofHearings (202-366-2132)as
soon as possible afterthe receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 3 of 3SERVICE 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-Suite2W10002

Mr. Glenn H. Brown Complainant's Counsel Office ofthe Regional Counsel Federal Aviation Administration 222 West 

## i 11 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. (El1-310) 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 2WIOOO, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.