UNITED STATES OF AMERICA:

 IN THE DEPARTMENT OF TRANSPORTATION

 OFFICE OF HEARINGS

IN THE MATTER OF: EXTREME ENERGY SOLUTIONS,

INCORPORATED

RESPONDENT DOCKET NO. FAA-2015-1322

_____________________________________________________

 TELECONFERENCE HEARING BEFORE

 THE HONORABLE J.E. SULLIVAN

 TUESDAY, NOVEMBER 17, 2015

 1:34 P.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 2

1 APPEARANCES

2 ON BEHALF OF THE PLAINTIFF,

3 FEDERAL AVIATION ADMINISTRATION:

4 GLENN H. BROWN, ESQUIRE

5 OFFICE OF THE REGIONAL COUNSEL

6 FEDERAL AVIATION ADMINISTRATION

7 22 WEST SEVENTH AVENUE

8 SUITE 14

9 ANCHORAGE, ALASKA 99513

10 TELEPHONE: 907.271.5271

11 FACSIMILE: 907.271.2800

12 E-MAIL: GLENN.BROWN@FAA.GOV

13

14 ON BEHALF OF THE RESPONDENT,

15 EXTREME ENERGY SOLUTIONS, INCORPORATED:

16 SAMUEL K. BURLUM, PRESIDENT/CEO,

17 PRO SE

18 EXTREME ENERGY SOLUTIONS, INC.

19 150 MAIN STREET

20 OGDENBURG, NEW JERSEY 07439

21 TELEPHONE: 973.209.3450

22 FACSIMILE: 973.209.4796

23 E-MAIL: EES.OFFICE@YAHOO.COM

24

25
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 3

1 TELECONFERENCE HEARING

2 TUESDAY, NOVEMBER 17, 2015

3 1:34 P.M.

4 THE COURT: Good afternoon, this is Judge

5 Sullivan, do I have Mr. Glenn H. Brown on the line?

6 MR. BROWN: You do. Yes, ma'am.

7 THE COURT: Okay, and a Mr. Samuel K.

8 Burlum?

9 MR. BROWN: Correct. I am here, Your Honor.

10 THE COURT: I'm sorry, I can hardly hear you

11 sir, could you speak up?

12 MR. BROWN: I am here, Your Honor.

13 THE COURT: Okay, thank you. And I should

14 also have an Andrea Mikus, from County Court

15 Reporters?

16 COURT REPORTER: Mikus. Yes, Your Honor,

17 I'm here.

18 THE COURT: Okay. Ms. Mikus, are you ready?

19 COURT REPORTER: I am, Your Honor.

20 THE COURT: All right. We're on the record

21 in the matter of Extreme Energy Solutions Inc. This

22 is Docket number FAA-2015-1322. Today, is Tuesday,

23 November 17, 2015, and the parties have appeared by

24 telephone for a Rule 16 conference. The Federal

25 Aviation Administration, which are here and after
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 4

1 referred to by the initials the FAA, is represented by

2 its Attorney of record Mr. Glenn H. Brown.

3 The Respondent, Extreme Energy Solutions

4 Inc., is represented by its lay representative Mr.

5 Samuel K. Burlum, who is the President/CEO of the

6 company. He's also appearing by telephone today.

7 All right, good afternoon to you both. What

8 I am going to do is I am going to briefly outline just

9 the last few items that have been filed with The

10 Court. Essentially on October 14, 2015, there was an

11 Order continuing the Rule 16 Litigation Scheduling

12 conference and deferring the Rule 26F, Jointly

13 Proposed Discovery plan.

14 In essence, the original Rule 16 conference

15 was scheduled for Thursday, October 15, 2015 and the

16 parties agreed to postponed that for reasons that were

17 identified in the October 14, 2015 Order.

18 In addition, on October 19, 2015, an Order

19 reserving the Respondent's Motion for a stay of

20 proceeding and granted/denying other release was filed

21 and basically reiterated that on, at the conference

22 day, we would be addressing a variety of different

23 issues. So why don't I start with this, I am going

24 to explain a little bit what we are going to do today

25 and how much time we're going to take and then I have
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 5

1 some questions for both the parties.

2 In essence, this is the first time the

3 parties have convene with The Court on a complaint

4 that was originally filed by the FAA with the Offices

5 of Hearing on June 16, 2015. This particular

6 complaint, which is 8 pages long dated June 9, 2015,

7 allege that the Respondent, Extreme Energy Solution

8 Inc., have violated a variety of different FAA

9 regulations and there was a proposal, a civil penalty

10 in the total of $19,400 contained in this complaint.

11 There's been a variety of different

12 materials that both parties have been filing since the

13 complaint was served on the Respondent, leading to

14 today's conference.

15 What I am going to do is, I am going to ask

16 Mr. Burlum a few questions about his expertise in

17 appearing as the representative in the litigation

18 process. I am going to do that just to gage what

19 kinds of explanation that I should be tendering during

20 this particular conference, which should last no more

21 than an hour. And then I will turn to the FAA Counsel

22 and ask the FAA Counsel a few questions about the

23 specifics of the particular complaint and then I'll

24 talk to both parties about a variety of other matters.

25 So Mr. Burlum, starting with you, can you
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 6

1 give me an idea of what expertise, if any, you have in

2 representing your company in a litigation. And I ask

3 not to cause you any discomfort, it just allows me a

4 sense of what I should explain and what I don't need

5 to explain. So would this be your first time

6 appearing as a representative for your company or do

7 you have other experiences during this type of

8 litigation advocacy?

9 MR. BURLUM: So, the, I appreciate the,

10 first and foremost, thank you for taking a moment to

11 recognize those issues and areas. First and foremost,

12 I don't have, I am not an attorney, not a skilled

13 attorney. I have represented the company on some

14 local matters regarding some zoning issues or planning

15 in that capacity. So I am familiar with a little bit

16 of the process, but every agency runs their venue

17 differently and it's different when you are dealing

18 with say quasy government panel like the Town Council

19 versus Administrative Law. So my extent is I do have

20 some pro se experience. I represent the company on

21 some local matters, however, when it comes to state

22 and federal, we usually refer that to our General

23 Counsel and unfortunate today, each General Counsel

24 has their own area of expertise, which currently we

25 don't have someone that can deal with this matter at
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 7

1 this time. And so that'w shy I made the pledge to

2 attain counsel in looking at some of this material.

3 THE COURT: Okay.

4 MR. BURLUM: As far as some of the...

5 THE COURT: Let me ask you a couple more

6 questions then. When you refer to General Counsel,

7 were you talking about outside counsel? Someone you

8 would contract to hire on occasions as opposed to

9 someone you have on staff?

10 MR. BURLUM: That's correct.

11 THE COURT: Okay. In regard to the matters

12 where you have represented the company yourself, has

13 that ever been in a court of law where you're calling

14 witnesses, preparing formal litigation documents,

15 objecting, making motions, those kinds of activities.

16 MR. BURLUM: It has and then, but again

17 that was on a very localized level, regional county

18 level.

19 THE COURT: Okay.

20 MR. BURLUM: Never in a venue of state or

21 federal court.

22 THE COURT: Okay. Thank you. Anything else

23 that you would like to tell me about your general

24 level of knowledge before I turn to Mr. Brown for some

25 questions?
 Page 8

1

Extreme Energy Solutions November 17, 2015 VR # 2812-2 

MR. BURLUM: I have nothing to add at this

2 time.

3 THE COURT: All right. What I'll do is,

4 I'll just explain one process of many, before I talk

5 with Mr. Brown. In this particular forum, this is a

6 fairly classical litigation forum, which means that

7 it's formal, it's requires attention to detail and it

8 is run, the litigation is run very similarly to a

9 trial that you might see on television.

10 When we schedule our trials, our hearings,

11 we usually borrow as a visiting judge, a courtroom in

12 the U.S. District Courthouse or in the U.S. Task

13 Court. People will come to that courtroom, they will

14 sit at tables in front of a traditional wooden bench

15 and then call witnesses who will be sworn, sit in the

16 witness box and testify.

17 The testimony would be taken in a very

18 traditional manner with the plaintiff, in this case

19 the FAA, going first with direct examination and then

20 the Respondent, that being Extreme Energy Solutions

21 Inc., following the cross examination during

22 Plaintiff's case in sheet. When the Plaintiff's rest,

23 if the Respondent wants to put a case on, then the

24 Respondent would ask questions to its witnesses and

25 the FAA would cross examine.
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 9

1 Both parties would have an opportunity to

2 make some opening statement as well as the closing

3 statement at the beginning and end of the Hearing.

4 Prior to the Hearing, if a full panel play

5 of motions practice, which the parties have started to

6 dip their toes into already and the Motion practice is

7 typically done in writing with deadlines, and due

8 dates and rules to follow. Because this is done in a

9 very classic litigation style, typically what you will

10 always see in both this conference and in any motion

11 conference at the Hearing itself, The Court will

12 always address questions first to the complaining

13 party or the Plaintiff.

14 The reason that's done, in part, is because

15 the Plaintiff has the burden of proof to go forward

16 with the allegations at the Hearing. As a result, the

17 Plaintiff is looked to throughout the whole of the

18 litigation to go first whenever there's inquiry from

19 The Court and it lends a reminder to the parties about

20 who has the burden of proof and it also provides some

21 sense of reliability and safety to the parties to

22 always know when their turn will come. So it's not a

23 statement of preference for the Plaintiff, it's a

24 simply is a very traditional way of handling who goes

25 first in any types of conference with The Court. Any
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 10

1 questions about that, Mr. Burlum?

2 MR. BURLUM: Not about that, no,

3 THE COURT: Okay. Then I am going to turn

4 next for the time being to the Plaintiff's Counsel,

5 Mr. Brown. Mr. Brown, I wanted to ask you a couple

6 questions about the general case, so that I am on

7 board with what parties presumably know. Can you tell

8 me, the Respondent is located, according to the record

9 in Ogdensburg, New Jersey? The allegation asserts

10 that a shipment was made to Shanghai China. There's

11 no discussion in the complaint about when the shipment

12 was discovered, when the allegation arose about the

13 hazardous materials, but I noticed that you are

14 currently located in Anchorage, Alaska and I am

15 wondering how it is that you in particular were pulled

16 into the case. It seemed to be more of an East Coast

17 case, but maybe, I am mistaken.

18 MR. BROWN: It was discovered in Anchorage

19 is the answer. We have a sort facility. FedEx has a

20 sort facility here and occasionally things are found

21 during training and various things that happens here,

22 so it was investigated by the local hazmat folks in

23 Anchorage and referred me to initiate, which is what

24 I've done.

25 THE COURT: Okay, that explain that. I was
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 11

1 just wondering how it was that your particular

2 regional office was involved. So let's talk a little

3 bit about the number of violation. It's a little

4 unclear from my reading of the complaint, whether

5 you're alleging 15 violations or 5 violations with a

6 variety of counts or a different number. Can you tell

7 me how many violations you're actually trying to

8 pursue?

9 MR. BROWN: Well, everyone that we list is

10 a, is in some sense of the term, an actual violation.

11 As I assumed you're well aware Your Honor, the way we

12 calculation sanctions, however, is based on

13 categories. So the fact that there's is a, basically

14 this comes, this is what we refer to as a hidden

15 shipment. In other words, there was no indication

16 that it was hazardous material, so FedEx had no reason

17 to treat it as such. So what we've got is, in terms

18 of a sanction, we're looking at the shipping papers,

19 the markings, the labeling and emergency response

20 information, so there's four categories, I am turning

21 to the complainers that speaks to make sure that it's

22 right, yeah, the four categories of violations. Each

23 sited regulation is a separate violation as far as, in

24 terms of the regulations is to calculate sanctions we

25 look at it based on categories.
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 12

1 THE COURT: Well, I understand that, but it

2 makes it a bit confusing I think for The Court and

3 perhaps for the Respondent to know just how you look

4 at the case if you want more specific. So for

5 example, oftentimes what I see, is a plaintiff will

6 say I have five or four primary violation with a

7 variety of different counts attached to each violation

8 and, or violation number one, I am going to assign a

9 recommended penalty of X amount based on the violation

10 itself and the number of counts within the violation.

11 That helps me look at the case in a certain way,

12 particularly I am hearing evidence.

13 If you are saying that you have 15

14 violations, but you're going to look at them

15 differently for purposes of disposed penalty

16 calculation, it would be helpful to know how you are

17 segueing from 15 violations that independently can be

18 proved to a calculation involving four major

19 categories with some of those violations grouped into

20 each category and that may not be discussion we need

21 to pursue today necessarily, but I think it would be

22 helpful for you to be aware that The Court will be

23 looking to you for some more specificity in the near

24 future about that. Does that give you a little ideas

25 as to what The Court is looking for ultimately?
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 13

1 MR. BROWN: Yes, Your Honor it does.

2 THE COURT: Okay. Thank you. Let's talk

3 then a little bit about Motions that I've seen and

4 where the parties are about that. As we all know, the

5 FAA filed a Motion for a Decision. That filing

6 occurred on September 3, 2015 with the Office of

7 Hearing and then the Respondent filed on October 19,

8 2015, some materials which also included a Motion to

9 Postpone or to stay the proceedings until January,

10 2016. So Mr. Burlum, I am going to talk to you a

11 little bit about that first. You had indicated that

12 you were looking to get an attorney to help you in

13 these particular proceedings and that you had a

14 personal family litigation matter that was distracting

15 you from using your full attention to this particular

16 case. Can you tell us, just briefly, what's the

17 status is of your family litigation at this point?

18 Are you scheduled for a trial in the matter? As it

19 been resolved? Is it looking at prolonged litigation?

20 Can you tell us a little bit where you land right now

21 in that?

22 MR. BURLUM: Okay, so the family matter

23 has taken precedent that's actually been ongoing for

24 about a year. It was a very aggressive matter. I was

25 forced to take a lot of time off of work to address
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 14

1 it, which put my job in jeopardy in a matter of so

2 many words, if I didn't try to get the Court to

3 accommodate a viable schedule that wouldn't put my job

4 in jeopardy, I would be asked to step down, so that

5 was a major issue. We've gone through a series of

6 Motions, a series of Hearings. There is one more

7 hearing scheduled for December 2nd. There's been

8 Discovery process filed and it is going to trial looks

9 like. It's going to be, it was a number of experts

10 hired by both sides, very adversarial situation and is

11 very unfortunate because the children in the matter

12 seemed to suffer the most in that type of situation,

13 which is not my preference. So unfortunately, that

14 matter is kind of taking precedence in my life with

15 regards of my personal resources and time and with the

16 holiday coming, is still going to be taking up much of

17 my free time and even some of my work time. So there

18 is a trial, will know the trial date here in the next

19 few weeks, which is tentatively scheduled throughout

20 December and being heard after the holiday, so that's

21 why I asked for the time to push this off because I

22 can only take so much time off from work to deal with

23 these kind of matters.

24 THE COURT: Okay. Let me ask you couple

25 more questions about that. It appears from what you
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 15

1 said, that one of the primary issue involved in the

2 trial is the future of the minor children that are

3 still within the family structure. How many children

4 are we talking about?

5 MR. BURLUM: Just one.

6 THE COURT: And what's the age of that

7 child?

8 MR. BURLUM: The child will be three in

9 February.

10 THE COURT: Okay, okay. And then you had

11 indicated that you have a Hearing on December 2, 2015,

12 what type of Hearing is that?

13 MR. BURLUM: That is a pre-trial Hearing

14 to review the Discoveries and the remaining scope of

15 Discovery. Seeing how far we are in the process so

16 that a final trial date can happen. The Court really

17 is trying to push this along since it is taken a year

18 to even get to that.

19 THE COURT: Okay. Currently you have

20 counsel for this particularly litigation?

21 MR. BURLUM: I do.

22 THE COURT: Okay. And then in terms of your

23 responsibility at work, which is at Extreme Energy

24 Solutions, Inc., is this a company where you are

25 managing matters day to day? Do you have a large
 Page 16 Extreme Energy Solutions November 17, 2015 VR # 2812-2 1 

staff or small staff? Can you give us a sense of 2 

that?

3 MR. BURLUM: So our company originally had

4 24 staffers here when we launched. The staff has been

5 cut in half due to some other unrelated matters to

6 this and some of the family matter, it affect the

7 company. I was forced to let go of some of my

8 management leadership so I am, I've had to take on

9 more of a day to day role, plus I do have an extensive

10 travel schedule since some of the relationships that I

11 deal with for the company are abroad, and so the

12 travel schedule and my day to day, you know, when I,

13 we're at the mercy and liberty of the clients. It's

14 not like I can put their lives on hold, so those

15 things do impact my schedule here. So, you know, I am

16 dealing with 80 hours of work that should be spread

17 amongst two or three people and the core leadership

18 and management is really just myself and executive

19 assistant. The rest of the staff are really field

20 people and technicians, so there's not a whole lot of

21 folks that I can rely on to pass off these duties to

22 at this time.

23 THE COURT: Okay. Thank you. Okay, well

24 let's talk about, and I am going to stay with you for

25 the moment, Mr. Burlum. With the FAA's Motion for a
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 17

1 Decision. Essentially, the FAA is asserting in a

2 September 11, 2015 Motion, that you were served with

3 the complaint, which is dated June 9, 2015, and that

4 it was received by you no later than June 19, 2015.

5 And in this September 11, 2015 Motion, It says you

6 never responded to the complaint, which brings up a

7 particular problem and challenge for you because

8 there's a 30 day window, according to the regulation,

9 to respond. Now, I know that you have requested

10 basically a stay of proceedings until January on

11 everything, but I want to ask you is it possible if

12 you can consider that you might, if there's a

13 possibility if you could answer the Motion before

14 that. What's your taught about that?

15 MR. BURLUM: Motion, the date on that

16 Motion again. I am' sorry, I am taking a lot of

17 notes.

18 THE COURT: The FAA filed a Motion for a

19 Decision on the case. This is a motion for the

20 allegations submitted and for decision regarding

21 violations that was filed with the Court on September

22 11, 2015. And the motion escued that you basically

23 have abandoned the case cause you didn't file an

24 answer. Does this motion rang a bell for you at all?

25 MR. BURLUM: I am trying to look at all
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 18

1 that I have here. Hold on one moment, please. I have

2 the Motion in front of me. September 10, yes, I can

3 take some time to answer that.

4 THE COURT: What I am going to do is this.

5 I think what would work best and then I will ask both

6 parties what they think about this idea. But it seems

7 to me that it would work best for the parties if I

8 gave you Mr. Burlum a due date to file a response to

9 the Motion and a due date to file an answer to the

10 complaint, and I can also give a deadline or due date

11 for the FAA then to file a reply any materials that

12 you file. Where they get that material, I can make a

13 ruling on this particular motion before I addressed

14 any of the other matters which could include, but may

15 not, setting the matter for litigation and discovery.

16 If we did that, we're looking at taking just a piece

17 of this case and addressing it between now and January

18 and leaving all the rest until after I make a ruling

19 on the Motion.

20 In order for you, Mr. Burlum, to succeed in

21 defending against this particular Motion, you must

22 provide, if you can, some reasons that explain why you

23 did not file an answer in writing to the complaint

24 within 30 days of your receipt. And those answers,

25 those reasons can be whatever you believe would be
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 19

1 reasonable ground that would explain your non2 responsiveness.

3 Every person's explanation is different.

4 You obviously have given us a variety different facts

5 just orally today that you may or may not want to

6 include in your response. It's up to me then to make

7 a decision after I hear from both sides as to whether

8 or not you have presented enough material for me to

9 make a finding that you had good reasons not to

10 respond right away. The FAA administrator prefers the

11 cases be heard on a merits, but also wants people to,

12 party to appear before the Court to abide by the rules

13 and regulations, so it's a balancing task. When you

14 file your response and your answer, you want to make

15 sure that you file them with everybody, that means the

16 Hearing docket gets your original copy cause they're

17 the keeper of the record and the FAA gets a copy and

18 you obviously sends one to me so that I can see it

19 too.

20 That particular process and the Court's

21 ruling on that material, will probably puts us into

22 January, 2016. So I am going to ask you Mr. Burlum

23 first if that looks like a reasonable approach to this

24 particular litigation for you and if not, tell me what

25 would work better for you.
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 20

1 MR. BURLUM: No, that sounds reasonable,

2 but I do have a few other questions.

3 THE COURT: Okay. Well, why don't I turn to

4 Mr. Brown first just to get his opinion about this and

5 then I can come back to you about the inquiry you want

6 to make. Mr. Brown, turning to you and your client,

7 would that be a reasonable approach in your opinion at

8 this point?

9 MR. BROWN: Yes, Your Honor.

10 MR. BURLUM: Okay. Then I will turn back

11 to you Mr. Burlum, ask away. What questions would you

12 like to ask?

13 MR. BURLUM: Well, getting a better

14 understanding of the matter and the actual venue.

15 Under which rule of law are you working under? Is it

16 beyond reasonable doubts or is it a preponderance of

17 evidence?

18 THE COURT: Well, the case as a whole, must

19 be proven by the FAA by a preponderance of the

20 evidence standard. So we're not reaching the merits

21 of any fact, alleged today or even in the near future.

22 What I am going to be looking at is whether

23 or not you have presented facts to support good cause

24 for failing to respond promptly to the complaint and

25 that's a subjective call by The Court. You may want
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 21

1 to Google different decisions that The Court has

2 already issued on this matter. All of our decisions,

3 mine included, are posted on both West Law and Lexus

4 Nexus and they're posted on regulations dot gov. And

5 the good cause standard is fairly broad, if I can give

6 you some different case law right now. If you give me

7 a moment of silence, I'll see if I can pull something

8 up.

9 MR. BURLUM: Okay.

10 THE COURT: We just had our computers

11 changed out and now, I can't seem to get into my

12 primary. I am working my way through a variety of

13 different Orders. I am very sorry about this. I had

14 my whole computer changed out yesterday, and so it's

15 not responding to my request for information like it

16 normally does. What I can do is I can put in my Order

17 some case citations for both of you that talk about,

18 and those cases, you could pull up and read and they

19 talk about the Good Cause standard, if that would

20 work.

21 MR. BURLUM: Yes.

22 THE COURT: I'll do that for you both. Next

23 question Mr. Burlum, next question.

24 MR. BURLUM: As far as, with the

25 proceeding of the Court, this is, and the actual
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 22

1 litigation would be considered bench trial,

2 administrative law, is that correct?

3 THE COURT: Right. That's exactly what you

4 would be looking at. There is no jury in these case

5 at all. Any other questions?

6 MR. BURLUM: Nope.

7 THE COURT: Okay. Then let's talk about

8 deadlines for both of you and I am going to be looking

9 at my calendar. I know that next week is

10 Thanksgiving, so let's look at early December. Mr.

11 Burlum, since the burden is upon you first to file a

12 response and an answer, let's look at your calendar.

13 Would you be able to file that in writing by December

14 9, 2015?

15 MR. BURLUM: The 15 would work better for

16 me cause I would still have family court by then.

17 THE COURT: Okay. Mr. Brown, if we give Mr.

18 Burlum the December 15, 2015, to file a response and

19 answer. Looking at your calendar and knowing your

20 holiday schedule, do you want to schedule something

21 for response the last week of December or sometime

22 early January?

23 MR. BROWN: Let's go with early January just

24 to make sure.

25 THE COURT: Okay. And can you suggest
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 23

1 something to me that's reasonable in your opinion?

2 MR. BROWN: About January the 5th?

3 THE COURT: January the 5th is it. And that

4 will be for the FAA's reply. And folks, what I will

5 do is I will put this on my calendar so that I'll be

6 looking at those materials shortly after January 5,

7 2016. Just to let you know, I am taking some vacation

8 that week, so it won't be on January 5th, but I will

9 get to it within a short period of time after that.

10 And we will not be addressing anything else until

11 after I make a ruling on the Motion that the FAA has

12 filed. If the FAA prevail on its Motion, then I will

13 put in the Order information about how you, Mr.

14 Burlum, could appeal my decision if I grant, if I

15 decided against you. If the FAA loses its Motion,

16 then I will be putting in my Order information about

17 when the parties will convene in front of me again and

18 what to do prior to that. So you'll get some

19 guidance, either way and we can go forward one way or

20 the other once I make a decision on the Motion. So

21 starting with you Mr. Brown, is there anything else we

22 need to address to your client today?

23 MR. BROWN: No, Your Honor.

24 THE COURT: Okay, and Mr. Burlum, on behalf

25 of your client, Extreme Energy Solution, Inc.,
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 24

1 anything else we can address for it today?

2 MR. BURLUM: Not at this time, thank you.

3 THE COURT: Okay. Then I will thank you

4 both for your presence today and for your work with

5 The Court. I will be issuing a written Order

6 qualifying the December 15, 2015 deadline for the

7 Respondent and the January 5, 2016 deadline for the

8 FAA's reply. I'll also put in that Order some cases

9 that should, both parties could look up to see what

10 The Court has done in the past regarding similar cases

11 that have Good Cause issues. With that, I am going to

12 thank you both. I wish everybody on the phone a happy

13 Thanksgiving. We can go off the record and I wish you

14 a good day. Thank you.

15 MR. BROWN: Thank you, Your Honor.

16 THE COURT: Bye, bye.

17 (WHEREUPON, the teleconference concluded at 02:16

18 P.M.)

19

20

21

22

23

24

25
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 25

1 STIPULATION

2

3 The foregoing matter was taken on the date, and at

4 the time and place set out on the title page hereof.

5

6 It was requested that the matter be taken by the

7 reporter and that the same be reduced to typewritten

8 form.

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

 I, Andrea F. Mikus, do hereby certify that the

 foregoing matter was reported by stenographic and/or 

 mechanical means, that same was reduced to written form,

 that the transcript prepared by me or under my direction, 

 is a true and accurate record of same to the best of my 

 This transcript and certificate have been digitally

 the action filed or its outcome.

 knowledge and ability; that there is no relation nor 

 parties hereto, nor financial or otherwise interest in

 employment by any attorney or counsel employed by the

Court Reporter

SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

 signed and securely delivered through our encryption

 server.

 IN WITNESS HEREOF, I have here unto set my hand 

 this day of , .

Andrea F. Mikus

20th NOVEMBER 2015
Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 27

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 28

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 29

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 30

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 31

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 32

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 33

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 34

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Extreme Energy Solutions November 17, 2015 VR # 2812-2 Page 35

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