SERVED: October 21, 2016 

U.S. DEPARTMENT OF TRANSPORTATION ~t.Nl Of 

OFFICE OF HEARINGS t)(~~R\OR\"1\0N WASHINGTON, DC \R~NSP 

p 3: SG. 

tl\\ Qtl 2 \ > 

In The Matter Of: ) o?ER~\\ONS ) Docket No. Fa<AC~'-1322 EXTREME ENERGY SOLUTIONS, INC. ) 

) Case No. 20 15NM730008 

Respondent ) 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On September 9, 2016, an Order Setting a Second Rule 16 Litigation Scheduling 

Conference, and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan 

was filed. Among other things, this September 9, 2016 Order directed the parties to confer and 

then file, on or before October 13, 2016, a Rule 26(f) Jointly Proposed Scheduling/Discovery 

Plan and then appear on October 20, 2016 for a Rule 16 Litigation Scheduling Conference. (Sept. 

9, 2016 Order, 2 ~~ 1-2.) 

On October 12, 2016, the FAA filed the Agency's Report Regarding a Second Rule 26(f) 

Meeting of the Parties ("FAA Rule 26(f) Report"). In this FAA Report, the FAA asserted that it 

had been unable to confer with the Respondent, Extreme Energy Solutions, Inc:, and as a result, 

was filing a unilaterally proposed Rule 26(f) Proposed Discovery Plan. 

On October 13, 2016 the Respondent failed to file any Rule 26(f) Proposed Discovery 

Plan, and/or alternatively, failed to respond to the FAA's Rule 26(f) Report. 

On October 20, 2016, the FAA appeared by telephone for the Rule 16 Litigation 

Scheduling Conference. The Respondent failed to appear, and there was no explanation for the 

Respondent's absence. During the October 20, 2016 Conference the FAA Rule 26(f) Report was 

discussed, and hearing dates and other litigation procedural matters were determined. 

Pursuant to 14 C.P.R.§§ 13.205, 13.220, and Civ. R. 16, and after reviewing all relevant 

caselaw, regulations, statutory authority, and being fully advised; 
IT IS HEREBY ORDERED: 

A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 

1. November 18, 2016: Deadline for FAA Supplemental Filing. To assist the parties in 

discovery and settlement discussions, the FAA shall file a supplemental statement on or 

before November 18, 2016 in which it identifies the number and category of the 

violations it is charging. 

2. November 18, 2016: Deadline for Initial Disclosures. To ensure that the parties have 

sufficient time to address all issues in dispute, the parties shall serve each other with 

initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)), on or before 

November 18, 2016, without waiting for a specific discovery request. 

3. On or before December 2, 2016: General Discovery Must Be Initiated. Pursuant to 14 

C.F.R. § 13.220(a), the parties may have already begun conducting general discovery. If 

not, then to ensure full use of the discovery time allotted in this case, the parties shall 

begin exchanging or serving general discovery requests on or before December 2, 2016, 

pursuant to 14 C.F.R. § 13.220 (b), (c), (d) and (e). Discovery requests must be served 

sufficiently early in the discovery period to permit the service of responses thereto prior 

to the deadline for completing general discovery. 

General discovery includes, but is not limited to: notices of deposition~ requests for 

production of documents; propounding interrogatories; requests for admission; etc. A 

party shall respond to a general discovery request no later than 30 days after service of 

the request, unless otherwise agreed by the parties. 

a. Objection(s) to Discovery: Two Weeks after Service. Any objection in 

response to a discovery request must be made to the requesting party within two 

(2) weeks of service of the request. 

4. December 16, 2016: Deadline for Serving General Discovery Requests: All general 

discovery requests must be served on or before December 16, 2016. 

a. January 17, 2017: Deadline for Responding to General Discovery. The party 

on whom an initial discovery request is served must respond to it on or before 

January 17, 2017. 

5. February 3, 2017: Deadline for Serving Follow-up Requests. Any follow-up 

requests for discovery must be served on or before February 3, 2017. 

a. April 3, 2017: Deadline for Responding to Follow-up Requests. All responses 

to follow-up requests for discovery must be served on or before April 3, 2017. 

Page 2 of 6 
6. Service of Interrogatories. Pursuant to 14 C.F.R. § 13.220(k)(1), a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

a. Objection(s) to Interrogatories. Pursuant to 14 C.F .R. § 13 .220(k), any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

7. Optional Conference with the Court re: Discovery Disputes: To provide a more 

efficient manner to resolve discovery disputes without the burden of filing a formal 

motion, a party faced with a discovery problem may opt to request an informal telephone 

Conference with the Court, before filing any formal discovery motion. See Civ. R. 

16(b )(3)(B)(v). The movant should set up such optional Conference within ten (1 0) days 

after the discovery dispute arises, pursuant to the directions contained in paragraph D 

infi"a. 

8. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(f), (g), and 

(h), shall file a Motion for Relief within fifteen (15) days after service of the disputed 

discovery request or as directed by the Court if an optional discovery dispute conference 

is first convened. 

a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirming that the movant has already conferred or attempted to 

confer in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to seeking court relief. 

b. Copy of Disputed Discovery: Pursuant to 14 C.P.R.§ 13.220(b), only a copy of 

the disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

c. Response to Motion to Limit Discovery: Any Response to the Motion should be 

filed no later than ten (1 0) days after service of the Motion. 

9. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within fifteen (15) days after service of a deficient response or after the 

response to the discovery was due, whichever occurs first; or as directed by the Court if 

an optional discovery dispute conference is first convened 

a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirming that the movant has already conferred or attempted to 

confer in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to seeking court relief. 

Page 3 of 6 
b. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall 

be filed in the same manner as directed for Motions to Limit Discovery 

(paragraph 4 (b)-( c) above). 

10. Retained/Hired or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee to give expert testimony-then the party intending to offer such witness shall 

disclose this retained or employee expert witness to the opposing side pursuant to the 

time line below. The expert witness disclosure shall include the name of the witness, the 

witness's expert resume or qualifications, and the witness's written report or statement of 

opinion (including disclosure of the basis of that opinion). 

a. FAA Expert Disclosure Deadline: February 3, 2017 

b. Respondent Expert Disclosure Deadline: February 3, 2017. 

c. Expert Rebuttal Reports Deadline: February 24, 2017. 

ll. Duty to Supplement or Amend Discovery. Pursuant to 14 C.F.R. § 13.220(i), a party 

who has responded to a discovery request in this case has a duty to supplement or amend 

the response throughout the litigation period, as soon as the information is known. 

12. May 18, 2017: Deadline for Filing Dispositive Motion(s). The last date for both parties 

to file any/all pre-hearing dispositive motions, including Default Motions and/or 

, Summary Judgment Motions. 

a. June 15, 2017: Deadline for filing Answer to Dispositive Motion(s); 

b. June 29, 2017: Deadline for filing Reply (if any). 

13. Telephone Motion Conference: July 13, 2017 (1:30 p.m.-3:00p.m. ET). The parties 

shall convene by telephone for oral argument on any filed dispositive motions on July 13, 

2017 (1 :30 p.m.-3:00p.m. ET). N.B. If the parties do not file dispositive motions, then 

this Telephone Conference will be automatically converted and held as a Pre-Hearing 

Status Conference. The parties shall access the Court's conference line by calling 1-888-

278-0296 (Access Code: 5851842). 

14. October 3, 2017: List of Witnesses/Exchange of Exhibits. On or before October 3, 

2017, the parties will file the following: 

a. A list of the witnesses the party intends to call~ 

b. A short statement of the testimony expected from each such witness~ 

c. The resume or statement of qualifications of each witness who will be offered as 

an expert; 

d. The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra); and 

e. An index cover sheet with a brief description of each document. 

Page 4 of 6 
15. October 3, 2017: Written Stipulations and/or Agreed Motions in Limine. On or 

before October 3, 2017, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

16. November 14, 2017- November 16, 2017: Hearing Dates. 

Based on the parties' agreement, the Hearing wi11 take 3.0 days or less. The Hearing wi II 

begin on November 14, 2017 (9:00a.m-5:00p.m.) in the Newark, New Jersey area. The 

Hearing will continue on November 15, 2017 (9:00a.m-5:00p.m.) and conclude on 

November 16, 2017 (9:00a.m-5:00p.m.). The specific location of the Hearing will be 

provided to the parties prior to the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

C. Failure to Move for Timely Relief/Late Service of Discovery: 

The failure to timely respond to discovery requests, and/or to timely move for relief 

regarding discovery disputes during the discovery period, may result in a finding that the 

party has, through its actions, waived its right' to relief. Late service of discovery requests 

may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date(s), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-hearing telephone conference on the Judge's calendar, the party shall 

first confer with opposing counsel about mutua1ly agreeable alternate dates. The movant shall 

next contact Mrs. Rachael Brown, Judicial Assistant, at the Office of Hearings (202-366-

2132) as soon as possible, with at least three (3) mutually-agreed, proposed alternate 

dates/times for the Judge's consideration. 

E. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits 

must have an index cover sheet, and should be pre'-marked and tabbed. Complainant's 

exhibits should be marked "C-1 ," "C-2," "C-3," etc. Respondent's exhibits should be 

marked ''R-1 ," R-2," "R-3," etc. 

F. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C .F .R. § 13.205 and 14 

C.F.R. § 13.222, the Federal Rules of Evidence may be utilized as helpful guidance in 

determining the admission of evidence. 

Page 5 of 6 
G. Attorney Withdrawal: 

Pursuant to 14 C.P.R. § 13.218, an attorney who wishes to withdraw from representing a 

party must file a Motion to Withdraw. In this Motion, the attorney shall confirm the 

following: 

l. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the 

action is a business entity; 

3. The current business address, telephone number, and fax number of the 

Respondent and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending 

hearing dates in this litigation, as well as the pending pre-hearing discovery 

deadlines and telephone conferences; and 

5. A statement that the Respondent has been provided a copy of all Orders issued in 

this litigation, as well as any other legal documents to which the Respondent is 

entitled. 

H. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

I. Requests for Modification of this Order:· 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mrs. Rachael Brown, Judicial Assistant, at the Office of Hearings 

(202-366-2132). 

Attachment: Service List 

Page 6 of 6 
Docket No. FAA-2015-1322 

(Civil Penalty Action) 

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 2W 10001 

Mr. Glenn H. Brown 

Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

222 West ih 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 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

1 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 2W1000, Washington, 

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