SERVED: NOVEMBER 18, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

'· •' 

In The Matter Of: ) 

) Docket No. FAA-2015-1322 

EXTREME ENERGY SOLUTIONS, INC. ) 

) Case No. 2015NM730008 

Respondent ) 

ORDER SETTING DEADLINE FOR 

THE RESPONDENT TO RESPOND AND SHOW CAUSE, 

AND RULING ON OTHER RELIEF 

- 1 ·~ (1 

' ,' -tJ 

On September 11,2015, the FAA filed the Agency's Motion to Deem Allegations 

Admitted and for a Decision Regarding the Violations ("Motion"). 

On October 14,2015, an Order Continuing the Rule 16 Litigation Scheduling 

Conference, and Deferring the Rule 26(f) Jointly Proposed Discovery Plan was filed, which 

continued the Rule 16 Conference to Tuesday, November 17, 2015, at 1:30 p.m. Eastern time. 

On October 19, 2015, an Order Reserving the Respondent's Motion for a Stay of 

Proceedings and Granting/Denying Other Relief was filed. 

On Tuesday, 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, their calendar conflicts availability, and 

agreed to deadlines for submission of materials on the FAA's September 11, 2015 Motion. 

Short History of Case Action 

Approximately five (5) months ago, on June 16,2015, the FAA filed its original 

Complaint (dated June 9, 2015). Approximately, three (3) months later, on September 11, 2015, 

the FAA filed its Motion, in which it alleged that it should be granted final relief in the case 
because the Respondent, Extreme Energy Solutions, Inc., had failed to file an answer to the 

Complaint. 

In its September 11, 2015 Motion, the FAA asserts that each allegation in the Complaint 

(i.e., Section I; Section II,~~ 1-14, Section III,~~ l(a)-(m); and Section IV,~~ 1-2) should be 

deemed admitted, pursuant to 14 C.F.R. § 13.209(f). The FAA also seeks a default judgment in 

the total amount of$19,400 for a civil penalty. 

Although on October 8, 2015 the prose Respondent filed materials and a Motion to Stay, 

the Respondent has not filed an Answer. 

FAA's Rules of Practice 

In FAA civil penalty proceedings, the FAA's Rules of Practice require that a respondent 

file an answer to a complaint within 30 days of service of the complaint. 1 14 C.F.R. § 13.209. If 

an answer is filed beyond the 30 day period, the responding party may be held in default. 

However, pursuant to 14 C.F.R. § 13.209(f), a responding party who has not filed a 

timely answer to a complaint may avoid a default finding by presenting good cause reasons (if 

any) for the failure to file a timely answer. In support of its request for relief from a default 

action, the responding party must demonstrate "good cause" grounds. "A showing of good cause 

is mandatory. Without it failure to file an answer by the deadline may not be excused."' In re 

Global Peace Initiative, Inc., FAA Order No. 2008-8 at 6 (Aug. 21, 2008) (quoting In re Atlantic 

World Airways, FAA Order No. 1995-28 at 4 (Dec. 19, 1995). 

Good Cause Standard 

Good cause is a "nebulous" standard. 21A Fed. Proc. L.Ed. §51 :64 (2014). It is an 

evaluation that rests within the discretion of the trial court, since there is a preference for 

deciding cases on their merits. lOA Charles Alan Wright & Arthur R. Miller, Fed. Prac. & 

Proc. Civ. §2693 (3d ed. 2014); See, e.g., In re David Lloyd Cornwall, FAA Order No. 92-47 at 

7 (July 22, 1992) (Wherever possible, cases should be heard "on the merits"). 

1 When the complaint is served by U.S. Mail, the respondent is given an additional five (5) days to respond. 14 

C.F.R. § 13.209(e). 

Page 2 of4 
In evaluating good cause, there is "no fixed, rigid standard" that can anticipate "all the 

situations" which might arise for a party's failure to file a timely answer. 21A Karl Oakes, Fed. 

Proc. L. Ed. §51:64 (2014). Therefore, in determining whether good cause exists or does not 

exist, the court may consider many factors, including (but not limited to) the nature of the 

default, whether there is a meritorious defense, whether the opposing party will be prejudiced, 

the timeliness of the request for relief, the amount involved in the litigation, as well as the 

availability and effectiveness of less drastic solutions. 29 A.L.R. Fed. 7, Good Cause General 

Considerations, §4 (1976); See, e.g., In re James Jauquin Jordan, FAA-2015-0205 (May 15, 

2015)(0rder Finding Good Cause, Accepting Answer, and Granting/Denying Other Relief). 

Other considerations in evaluating good cause (not inclusive) may include the inaction of a 

party's counsel, a party's mistaken belief about the time requirements, the willfulness of the 

party's non-compliance, any factors demonstrating excusable neglect, surprise, or inadvertence, 

or a party's erroneous reliance on settlement negotiations. 29 A.L.R. Fed. 7, Sufficiency of 

Particular Reasons for Inaction,§§ A and B (1976), See also, Edes v. Fredson, 344 F. Supp. 2d 

209 (D. Me. 2004). 

Conclusion 

In the case herein, the Respondent should be given an opportunity to respond to the 

FAA's September 11,2015 Motion, and to state what reasons (if any) there are for its failure to 

file a timely Answer to the FAA's Complaint. As part of this Response, the Respondent should 

also file an Answer to the Complaint. 

Having reviewed the case file, all relevant caselaw, statutes, regulations, rules, and 

authority, and being fully advised: 

IT IS HEREBY ORDERED: 

1. On or before December 15, 2015, the pro se Respondent, Extreme Energy Solutions, 

Inc, may file a written Response to the FAA's September 11,2015 Motion. In this 

Response, the Respondent should specifically state the facts or reasons (if any) why it did 

not file a timely Answer to the FAA's June 9, 2015 Complaint. 

2. On or before December 15, 2015, the Respondent may file a written Answer to the 

FAA's June 9, 2015 Complaint. This Answer should specifically respond to each 

Page 3 of4 
allegation in the Complaint (i.e., Section I; Section II,,, 1-14, Section III,,, 1(a)-(m); 

and Section IV,,, 1-2), as well as specifically identify each affirmative defense (if any) 

the Respondent intends to assert at the hearing. 

3. If the Respondent fails to file, on or before December 15,2015, a written Response to 

the FAA's Motion, and fails to file a written Answer to the Complaint, it may be deemed 

to be in default, and the FAA's Motion may be granted, in full or in part, without further 

notice to the parties, and without further conference or hearing. 

4. On or before January 5, 2016, the FAA may file a Reply to the Respondent's 

submissions. 

5. The FAA's September 11, 2015 Motion is reserved until after January 5, 2016. 

6. The Respondent's October 8, 2015 Motion for a Stay of Proceedings is denied in part and 

granted in part. The Motion for a Stay is denied in part, in that the parties are directed 

herein to immediately address the FAA's September 11,2015 Motion, which alleges that 

the Respondent has defaulted in the action. The Motion for a Stay is granted in part, in 

that no other litigation deadlines will be set until after a ruling is made, shortly after 

January 5, 2016, on the FAA's Motion. 

7. Any questions regarding the procedures contained in this Order should be directed to Mr. 

Cody Smith, Attorney-Advisor at the Office of Hearings (202-366-6941). 

Attachment: Service List 

Page 4 of4 
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 2W1 0001 

Mr. Glenn H. Brown 

Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

222 West 7th 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: 973-209-4796 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

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.