2016-10-12 10:13 ARCALROLEG02 9072712800 » 2024935142 p 1/11 

FEDERAL AVIATION ADMINISTRATION 

Alaskan Region 

Office of the 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: Judge J. E. Sullivan 

Samuel K. Burlum 

Hearing Docket Clerk 

FAX No: 202-366-7536 

973-209-4796 

202-~ 

!1 . .(/1-tJ-9 3 

FROM: Glenn H. Brown, Esq. 

RE: Extreme Energy Solutions, Inc. 

FDMS No. FAA-2015·1322 

Number of pages (not including this cover sheet): - 5 - (10 pages to the Docket Clerk) 

Agency's Report Regarding a Second Rule 26(1) Meeting of the Purties 

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2016-10-12 10:13 ARCALROLEG02 9072712800 » 2024935142 p 2/11 

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 Penalty Action) 

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 conduct a Rule 

26(f) planning meeting, prepare a jointly written proposed scheduling/discovery plan, and file it 

on or before October 13, 2016. Exhibit A is an email exchange in which Agency Counsel has 

attempted to arrange the meeting. Additionally, on October 11, 2016, Agency Counsel also 

attempted to contact Mr. Burlum by telephone but could only leave a message. So far the parties 

have not been able to meet and confer. 

The Agency proposes the following: 

I. All disclosures required by Rule 26(a)(1) will be made by November 16,2016. 

2. Any initial discovery request must be served on or before December 16,2016. 

3. The party on whom an initial discovery request is served must respond to it on or before 

January 17, 2017. 

4. Any follow-up discovery request must be served on or before February 3, 2017. 

5. The party on whom a follow-up discovery request is served must respond to it on or 

before March 3, 2017. 

6. Any objection to a discovery request must be made to the requesting party within two 

weeks of the service of the request. 

1 
2016-10-12 10:13 ARCALROLEG02 9072712800 » 2024935142 p 3/11 

7. Any dispositive motion must be filed 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 Oklahoma City October 14-21, 

2016, and with travel and preparation he will be out of the office beginning October 12,2016. 

Hence, Agency Counsel was planning to propose alternate dates for the Second Rule 16 

Litigation Scheduling Conference, but has not been able to confer regarding mutually agreeable 

alternate dates. With the exception of Federal Holidays, Agency counsel is currently available 

beginning October 26,2016, through December 8, 2016, for the Scheduling Conference. 

Respectfully submitted this 11th day of October 2016. 

Naomi Tsuda 

Assistant Chief Counsel 

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 10:14 ARCALROLEG02 9072712800 » 2024935142 p 4/11 

CERTIFICATE OF SERVICE 

Re: Extreme Energy Solutions, Inc. 

FDMS No. FAA-2015-1322 

I hereby certify that on tllis date I have served a copy of the Agency's Report Regarding a 

Second Rule 26(f) Meeting of the Parties by postage-prepaid, certified mail, return receipt 

requested and facsimile transmission to the following: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

US Department of Transportation 

!200 New Jersey Avenue, S.E. (Ell-31 0) 

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 certify that on this date I have served the original and one copy of the Agency's Report 

Regarding a Second Rule 26(f) Meeting of the Parties by postage-prepaid, certified mail, return 

receipt requested and facsimile, 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 /~.:Zol~ 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th A venue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587 

3 
2016-10-12 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. If you 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 1 D-7-2016 and 10-10-2016 so I can call you. Also 

provide me the best number to reach you. 

-Samuel Burlum 

Executive Services Support Team 

From the Offices of the 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 of your email, today on 9-15-2016; however I have been tied up dealing with continued 

family court matter. 

1 
2016-10-12 10:14 ARCALROLEG02 9072712800 » 2024935142 p 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 of this notice. 

Executive Services Support Team 

From the Offices of the 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 of the 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 next week (September 12th), but not the following week. 

Glenn H. Brown 

National Enforcement Practice, Western Team 

2 
2016-10-12 10:14 ARCALROLEG02 9072712800 » 2024935142 p 7/11 

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 Penalty Action) 

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 conduct a Rule 

26(f) planning meeting, prepare a jointly written proposed scheduling/discovery plan, and file it 

on or before October 13, 2016. Exhibit A is an email exchange in which Agency Counsel has 

attempted to arrange the meeting. Additionally, on October 11,2016, Agency Counsel also 

attempted to contact Mr. Burl urn by telephone but could only leave a message. So far the parties 

have not been able to meet and confer, 

The Agency proposes the following: 

1. All disclosures required by Rule 26(a)(l) will be made by November 16, 2016. 

2. Any initial discovery request must be served on or before December 16,2016. 

3. The party on whom an initial discovery request is served must respond to it on or before 

January 17, 2017. 

4. Any follow-up discovery request must be served on or before February 3, 2017. 

5. The party on whom a follow-up discovery request is served must respond to it on or 

before March 3, 2017. 

6. Any objection to a discovery request must be made to tbe requesting party within two 

week:s of the service of the request. 

1 
2016-10-12 10:15 ARCALROLEG02 9072712800 » 2024935142 p 8/11 

7. Any dispositive motion must be filed 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 Oklahoma City October 14-21, 

2016, and with travel and preparation he will be out of the office beginning October 12,2016. 

Hence, Agency Counsel was planning to propose alternate dates for the Second Rule 16 

Litigation Scheduling Conference, but has not been able to confer regarding mutually agreeable 

alternate dates. With the exception of Federal Holidays, Agency counsel is currently available 

beginning October 26,2016, through December 8, 2016, for the Scheduling Conference. 

Respectfully submitted this 11th day of October 2016. 

Naomi Tsuda 

Assistant Cbief Counsel 

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 

I hereby certify that on this date I have served a copy of the Agency's Report Regarding a 

Second Rule 26(f) Meeting of the Parties by postage-prepaid, certified mail, retltm receipt 

requested and facsimile transmission to the following: 

Judge J.E, Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

US Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

Mr. Samuel K. Burl urn, President/CEO 

Extreme Energy Solutions, Inc, 

15 0 Main Street 

Ogdensburg, NJ 07439 

Fax: 973-209-4 796 

I further certify that on this date I have served the original and one copy of the Agency's Report 

Regarding a Second Rule 26(f) Meeting of the Parties by postage-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 

Wilbur Wright Building-Suite 2Wl 000 

Fux: (202) 493-5020 

DATED: Od /,:;; 2oJ? 

~~~~~~Q4'_,t!,~tH4UaY"~i,.-.i Federal Aviation Administration i 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587 

3 
2016-10-12 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 of the office October 12-21. If you 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 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 number to reach you. 

-Samuel Burlum 

Executive Services Support Team 

From the Offices of the 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 of your email, today on 9-15-2016; however I have been tied up dealing with continued 

family court matter. 
2016-10-12 10:15 ARCALROLEG02 9072712800 » 2024935142 p 11/11 

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 of this notice. 

Executive Services Support Team 

From the Offices of the 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 of the 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 next week (September 12th), but not the following week. 

Glenn H. Brown 

National Enforcement Practice, Western Team