### 2016-10-12 10:13 ARCALROLEG02 9072712800 » 

### 2024935142 p 

### 1/11 FEDERALAVIATION ADMINISTRATION Alaskan Region Office ofthe Regional Counsel 222 West Seventh Avenue, Box 14 Anchorage, Alaska 995 l3 PH: (907) 271-5269 FAX: (907) 271-2800 

## FACSIMILE TRANSMISSION COVER SHEET TO: JudgeJ. E. Sullivan Samuel K. Burlum Hearing DocketClerk FAX No: 202-366-7536 973-209-4796

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# 3 FROM: Glenn H. Brown, 

### Esq.

RE: Extreme Energy Solutions, Inc. FDMS No. FAA-2015·1322

Number ofpages (not including this cover sheet): - 5 - (10 pages to the Docket Clerk) Agency's Report Regarding a Second Rule 26(1) Meeting ofthe Purties

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UNITED STATESDEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C.
IN THEMATTER OF EXTREME ENERGY SOLUTIONS, INC. FDMS NO. FAA-2015-1322 (Civil Penalty Action)
AGENCY'S REPORT REGARDING A SECOND RULE 26(f) MEETNG OFTHE PARTIES In anOrder served on September 9.2016, theparties were ordered to privately conduct a Rule 26(f) planning meeting, prepare ajointly written proposed scheduling/discovery plan, and file it on orbefore October 13, 2016. Exhibit A is an email exchange in whichAgency Counsel has attempted to arrangethe meeting. Additionally, on October 11, 2016, Agency Counsel also attempted to contact Mr. Burlum bytelephone but could only leave a message. So far the parties havenotbeenable to meetand confer. The Agency proposes the following: I. All disclosures required by Rule 26(a)(1) will be made byNovember 16,2016. 2. Any initial discovery request mustbe served on orbefore December 16,2016. 3. The party on whom an initial discovery request is servedmust respond to it on or before January 17, 2017. 4. Any follow-up discovery requestmustbe served on orbeforeFebruary 3, 2017. 5. Theparty on whom a follow-up discoveryrequest is servedmustrespond to it on or before March3, 2017. 6. Any objectionto a discovery requestmustbe made to the requesting partywithintwo weeks ofthe service ofthe request.
1

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7. Any dispositive motion mustbefiled on or before April 3, 2017. 8. Any hearing will be held on or after June 12,2017. Agency Counsel is scheduled to teach an FAA course in OklahomaCity October 14-21, 2016, and withtravel and preparationhe will be out ofthe office beginning October 12,2016. Hence, Agency Counsel was planning to propose alternate dates for the Second Rule 16 Litigation Scheduling Conference, buthas notbeen ableto conferregarding mutually agreeable alternate dates. Withthe exception ofFederal Holidays, Agency counsel is currently available beginning October 26,2016, through December 8, 2016, for the Scheduling Conference. Respectfully submitted this 11thday ofOctober 2016. Naomi Tsuda Assistant ChiefCounsel

for Enforcement By:

2 Glenn 

### H. Brown Enforcement Division, Western Team 222 W 7th Avenue Box 14 Anchorage, AK 99513-7587 email: glenn.brown@faa.gov telephone: (907) 271-5271 (direct) (907) 271-2800 (fax)

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CERTIFICATE OF SERVICE Re: Extreme Energy Solutions, Inc. FDMS No. FAA-2015-1322 I hereby certifythat on tllis date I have served a copyoftheAgency's Report Regarding a SecondRule 26(f) Meeting ofthe Parties bypostage-prepaid, certified mail, return receipt requested and facsimile transmission to the following: Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 US DepartmentofTransportation !200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Fax: (202) 366-7536 Mr. Samuel K. Burlum, President/CEO Extreme Energy Solutions, Inc. 150 Main Street Ogdensburg,NJ 07439 Fax: 973-209-4796 I further certifythat onthis date I have servedthe original and one copy ofthe Agency'sReport Regarding a Second Rule 26(f) Meeting ofthe Parties by postage-prepaid, certified mail, return receipt requested andfacsimile, addressed as follows: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 Fax: (202) 493-5020 DATED: 

# Od

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Federal Aviation Administration Office ofRegional Counsel 222 West 7thAvenue, Box 14, AAL-7 Anchorage, Alaska 99513-7587

32016-10-12 10:14
Brown, Glenn (FAA) From: sent: To: 

### ARCALROLEG02 9072712800 

### »

Brown, Glenn (FAA) Tuesday, October 11. 2016 10:25 AM 'Support Team· 2024935142 p 5/11

Subjeo:t: FW: FAA Case No. 2015NM730008; FDMS Docket No. FAA-2015-1322 Mr. Burlum, I will be out of the office October 12-21. Ifyou do not contact me immediately, I will have to submit an Agency Proposed Schedule and explain that despite my efforts, we have not been able to meet and confer. Glenn H. Brown Enforcement Division, Western Team
-------------·-·· From: Support Team [majlto:ees.offlce@yahoo.com] Sent: Thursday, October 06, 2016 8:06AM To: Brown, Glenn (FAA) Subject: Re: FAA Case No. 2015NM73000B; FDMS Docket No. fAA-2015-1322 Please provide me times you are available on 1D-7-2016 and 10-10-2016 so 

### I can call you. Also provide me the best numberto reach you. -Samuel Burlum Executive Services SupportTeam From the Offices ofthe CEO Extreme Energy Solutions Inc. p: 1800-EES-TEAM On Thursday, October 6, 2016 10:20 AM, "glenn.brown@faa.gov" <glenn.brown@faa.gov> wrote: Mr. Burlum, Please call at your earliest convenience so that we can address the Judge's Order. Glenn H. Brown National Enforcement Practice, Western Team From: Support Team fmailto:ees.office@yahoo.coml Sent: Thursday, September 15, 2016 2:50 PM To: Brown, Glenn (FAA) Subject: Re: FAA Case No. 2015NM730008; FDMS Docket No. FAA-2015-1322 Dear Mr. Brown, FAA I am in receipt ofyour email, today on 9-15-2016; however I have been tied up dealing with continued family court matter. 1

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### 6/11 I will be available the week of October 3, 2016, in which that week, we should host a conference call to address this issue as to the order. Please be advised ofthis notice. Executive Services SupportTeam From the Offices ofthe CEO Extreme Energy Solutions Inc. p: 1800-EES-TEAM On Friday, September 9, 2016 12:55 PM, "glenn.brown@faa.gov" <glenn brown@faa.gov> wrote: Mr. Burlum: As I am sure you now know, Judge Sullivan has ordered us to privately conduct a Rule 26(f) planning meeting and prepare a jointly written Proposed Scheduling/Discovery Plan and to file this plan on or before October 13, 2016. Attached is the schedule I proposed last year. While those dates have long since passed, it does indicate most ofthe things we will need to address. Please let me know when will work for you to have the require discussion. I'm planning to be in the office all nextweek (September 12th), but not the following week. Glenn H. Brown National Enforcement Practice, Western Team

2

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UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
IN THE MATTER OF EXTREME ENERGY SOLUTIONS, INC. FDMS NO. FAA-2015-1322 (Civil PenaltyAction) AGENCY'S REPORT REGARDING A SECOND RULE 26(f) MEETNG OF THE PARTIES In an Order served on September 9.2016, the parties were ordered to privately conducta Rule 26(f) planning meeting, prepare ajointly writtenproposed scheduling/discovery plan, and file it on or before October 13, 2016. ExhibitA is an email exchange inwhich Agency Counsel has attemptedto arrange the meeting. Additionally, on October 11,2016, Agency Counsel also attempted to contactMr. Burlurn by telephone but could only leave a message. So far the parties have notbeen able to meetand confer, The Agency proposes the following: 1. All disclosures required by Rule 26(a)(l) will be madebyNovember 16, 2016. 2. Any initial discovery request must be served onorbefore December 16,2016. 3. The party onwhomaninitial discovery requestis served must respondto it on orbefore January 17, 2017. 4. Any follow-up discoveryrequestmust be served on or before February 3,2017. 

### 5. Theparty onwhom a follow-up discovery request is servedmustrespondto iton or before March 3, 2017. 6. Any objectionto a discovery requestmust be made to tbe requestingparty within two week:s ofthe service ofthe request. 1

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7. Any dispositive motionmust be filed on orbefore April 3, 2017. 8. Any hearing will be held on orafterJune 12,2017. Agency Counsel is scheduledto teach an FAA course in Oklahoma City October 14-21, 2016, and with travel and preparation he will be out ofthe office beginning October 12,2016. Hence, Agency Counsel was planning to propose alternate dates forthe Second Rule 16 Litigation Scheduling Conference, buthas notbeen able to confer regarding mutually agreeable alternate dates. Withthe exception ofFederal Holidays, Agency counsel is currently available beginning October 26,2016, through December 8, 2016, for the Scheduling Conference. Respectfully submitted this 11thday ofOctober 2016. Naomi Tsuda Assistant CbiefCounsel

for Enforcement By:

2 Glenn H. Brown Enforcement Division, Western Team 222 W 7th Avenue Box 14 Anchorage, AK 99513-7587 email: glenn.brown@faa.gov telephone: (907) 271-5271 (direct) (907) 271-2800 (fax)

### 2016-10-12 10:15 ARCALROLEG02 9072712800 »

CERTIFICATE OF SERVICE Re: Extreme Energy Solutions, Inc. fDMS No. FAA-2015-1322 

### 2024935142 p 

### 9/11

Ihereby certifythatonthis date I have served a copy ofthe Agency's Report Regarding a Second Rule 26(f) Meeting ofthe Parties by postage-prepaid, certifiedmail, retltm receipt requested and facsimile transmissionto the following: Judge J.E, Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 US Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Fax: (202) 366-7536 Mr. Samuel K. Burlurn, President/CEO Extreme Energy Solutions, Inc, 150 Main Street Ogdensburg, NJ 07439 Fax: 973-209-4796 I further certify that onthis date I have served the original and one copy ofthe Agency's Report Regarding a Second Rule 26(f) Meetingofthe Parties bypostage-prepaid, certified mail, retum receipt requested and facsimile, addressed as follows: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ATfN: Hearing Docket Clerk, AGC-430 WilburWrightBuilding-Suite 2Wl000 Fux: (202) 493-5020 DATED: 

# Od/,:;; 2oJ?

**~~~~~~Q4'_,t!,~tH4UaY"~i,.-.i** Federal AviationAdministration i Office ofRegional Counsel 222 West 7th Avenue, Box 14, AAL-7 Anchorage, Alaska99513-7587

32016-10-12 10:15
Brown, Glenn (FAA) From: Sent: To: 

### ARCALROLEG02 9072712800 »

Brown, Glenn (FAA) Tuesday, October 11, 2016 10:25 AM 'Support Team' 2024935142 p 10/11

Subject: FW: FAA Case No. 2015NM730008; FDMS Docket No. FAA-2015-1322 Mr. Burlum, I will be out ofthe office October 12-21. Ifyou do not contact me Immediately, Iwill have to submit an Agency Proposed Schedule and explain that despite my efforts, we have not been able to meet and confer. Glenn H. Brown Enforcement Division, Western Team From: Support Team lmailto:ees.offjce@yaqpo.com] Sent: Thursday, October 06, 2016 8:06 AM To: Brown, Glenn (FAA) Subject: Re: FAA Case No, 2015NM730008; FDMS DocKet No. FAA-2015-1322 Please provide me times you are available on 10-7-2016 and 10-10-2016 so I can call you. Also provide me the best numberto reach you. -Samuel Burlum Executive Services Support Team From the Offices ofthe CEO Extreme Energy Solutions Inc. p: 1800-EES-TEAM On Thursday, October 6, 2016 10:20 AM, "glenn,brown@faa.gov" <glenn.brown@faa.gov:> wrote: Mr. Burlum, Please call at your earliest convenience so that we can address the Judge's Order, Glenn H. Brown National Enforcement Practice, Western Team From: Support Team lmailto:ees,oflice@yahoo.coml Sent: Thursday, September 15,2016 2:50PM To: Brown, Glenn (FAA) Subject: Re: FAA Case No. 2015NM730008; FDMS Docket No. FAA-2015-1322 Dear Mr. Brown, FAA I am in receipt ofyour email, today on 9-15-2016; however I have been tied up dealing with continued family court matter.

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I will be available the week of October 3, 2016, in which that week, we should host a conference call to address this issue as to the order. Please be advised ofthis notice. Executive Services SupportTeam From the Offices ofthe CEO Extreme Energy Solutions Inc. p: 1800-EES-TEAM On Friday, September 9, 2016 12:55 PM, "glenn.brown@faa.gov" <qlenn.brown@faa.gov:> wrote: Mr. Burlum: As I am sure you now know, Judge Sullivan has ordered us to privately conduct a Rule 26(f) planning meeting and prepare a jointly written Proposed Scheduling/Discovery Plan and to file this plan on or before October 13, 2016. Attached is the schedule I proposed last year. While those dates have long since passed, it does indicate most ofthe things we will need to address. Please let me know when will work for you to have the require discussion. I'm planning to be in the office all nextweek (September 12th), but not the following week. Glenn H. Brown National Enforcement Practice, Western Team