In The Matter Of: 

SERVED: September 9, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. F AA-20 15-1322 

EXTREME ENERGY SOLUTIONS, INC. 

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Case No. 2015NM730008 

Respondent 

ORDER SETTING A SECOND RULE 16 LITIGATION 

SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO 

CONFER AND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 

On November 17, 2015, the FAA and the prose Respondent convened by telephone for a 

Rule 16 Litigation Scheduling Conference. During this Conference, the parties briefly reviewed 

and discussed the status of the case and agreed to deadlines for submission of materials on the 

FAA's September 11, 2015 Motion. All other litigation and procedural issues were tabled, until 

after the FAA's Motion was fully addressed. 

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

Show Cause, and Ruling on Other Relief was 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 Relief was 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 case law, decisions, 

regulation, statutory authority, and being fully advised; 

1 The parties' December 15, 2015 through January 4, 2016 documentary filings are specifically identified in the 

September 6, 2016 Order, and will not be repeated here. 
IT IS HEREBY ORDERED: 

1. October 20,2016: Second Rule 16 Litigation Scheduling Conference: Pursuant to 14 

C.F.R. § 13.205 and Civ. R. 16, the parties shall appear by telephone on Thursday, October 20, 

2016, at 1 :30 p.m. Eastern time for a Second 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 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 other related 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 of the Parties' Rule 26(f) Jointly Proposed 

Scheduling/Discovery Plan: Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f), prior to 

convening with the Judge for the Second Rule 16 Litigation Scheduling Conference, the parties 

shall privately conduct a Rule 26(f) planning meeting and prepare a jointly written 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 of record and any unrepresented parties are jointly responsible 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 of the good faith attempts it made to contact and discuss 

the plan with the non-responding party.] 

The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature 

and basis of each party's claims, the possibility of resolving all or part of the case, the scope and 

type of discovery (including electronic discovery) and the place of venue for hearing. During 

this meeting, the parties shall discuss matters identified in 14 C. F. R. § 13.21 7 and Rule 26( f)(2) 

and (3) as part of developing their proposed 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 of particular motions (e.g., limiting scope of trial, dispositive motions, etc.). 

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The proposed discovery deadlines in the parties' proposed scheduling/discovery plan should be 

mutually agreeable, with a view to achieving case resolution with a minimum of expense and 

delay. Any unresolved scheduling/discovery disputes should be clearly identified in the 

proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 

Litigation Scheduling Conference. 

3) Filing and Serving Documents: Pursuant to 14 C.F.R. § 13.211(a), a copy of any 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 of Hearings. To ensure 

compliance with this and any future Orders setting deadlines, the parties are encouraged to fax 

or personally deliver a copy of their documents to the Office of Hearings (Fax: 202-366-7536), 

on or before the deadline date. Failure of a party to timely file documents by the court-ordered 

deadline could lead to the party's position not being considered. 

5) Conflicts with the Rule 16 Litigation Scheduling Conference Date: If a party has an 

unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in 

paragraph 1 supra, and wishes to modify the date/time of the scheduled Conference, the party 

shall first confer with opposing counsel about mutually agreeable alternate dates, and then 

contact Mrs. Rachael Brown, Judicial Staff Assistant at the Office of Hearings (202-366-2132)as 

soon as possible after the receipt of this Order, with at least three (3) mutually-agreed, proposed 

alternate dates/times for the Judge's consideration. 

Attachment: Service List 

Page 3 of 3 
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 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: 973-209-4 796 

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. (El1-310) 

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 2WIOOO, Washington, 

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