## SERVED: July 9, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
In The Matter Of: ) ) ) ) ) ) ) FRIENDSHIP AIRWAYS, INC. dba YELLOW AIR TAXI, and CHRISTOPHER BEHNAM Respondents DocketNo. OST-2013-0066
(Enforcement Proceeding)



### ORDERDIRECTING SUPPLEMENTALPROOF OF SERVICE IN SUPPORT OFMOTION FORDEFAULT JUDGMENT . : .'**~** '
... .·--

On April 3, 2013, the Office ofAviation Enforcement and Proceedings ('OAEP") filed
an Enforcement Complaint ("Complaint") alleging that thepro se Respondents committed violations of 14 C.F.R. Part 374 and 49 U.S.C. §§ 41712 and 41101. In its Complaint, the OAEP sought a civil penalty of$67,500, as well as non-monetaryreliefagainstthe individually-named Respondent, Christopher Behnam.
On June 6, 2013, the OAEP filed a Motion for Default Judgment. In this Motion, the OAEP alleged it had served the Respondents withthe Complaintboth on April 3, 2013 by firstclass mail, and again on April 23, 2013 by certified mail and electronic mail. The OAEP servied its Motion for Defaultbothby first-class mail and by certifiedmail, with a return receipt requested.
As oftoday's date, July 9, 2013, the Respondents have not filed either an answer to the OAEP's Complaint orto the OAEP's Motion for Default Judgment.OrderDirecting Supplemental Proof

Pursuant to 14 C.F.R. §302.7, 14 C.F.R. §302.17 and Fed. R. Civ. P. 55, and after having reviewed all pleadings and documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being fully advised;
IT IS HEREBY ORDERED: 1. On or beforeJuly 31, 2013, in support ofits Motion for Default Judgment, the OAEP shall file a supplemental statement identifying the following: a) The address ofrecord for each Respondent that was "onfile" with the Department's Office ofthe Secretary ofTransportation and the Federal Aviation Administration as ofApril 3, 2013, which the OAEP utilized to serve the Complaintby first class mail to each Respondent on April 3, 2013; b) Whether the Complaints mailed byfirst class mail on April 3, 2013 to each Respondent were everreturned to the OAEP as undeliverable, and ifso, when; c) The identity and source ofthe electronic mail addresses for each Respondent that the OAEP utilized on April 23, 2013 to re-serve the Complaint electronically; d) Whether the OAEP emailedthe Complaints onApril23, 2013 with a "delivery" or "read" receipt confirmation to each Respondent, and ifso, the results ofsuch delivery receipts; e) What basis the OAEP has to assert that the individual signing as "MarthaJohansen" on April 26, 2013 (on Attachment A ofthe OAEP's Motion for Default) is a person designated to receive documents on behalfofeither ofthe named Respondents pursuant to 14 C.F.R. §302.7;

Page 2 of2Order Directing Supplemental Proof f) The specific address "inPompano Beach, FL 33064" at which Martha Johansen accepted service by certifiedmail, as well as for which Respondent(s) the OAEP asserts that Martha Johansen accepted service; g) Whether the Motions for Defaultmailed by first class mail to each Respondent on June 6, 2013 were ever returned to the OAEP as undeliverable, and ifso, when; h) Whether the U.S. Postal Service ever filed return receipts with the OAEP, to confirm that the Motions for Defaultmailed by certified mail to eachRespondent on June 6, 2013 had been delivered, and ifso, whether the individual signing such receipt(s) is a person designated to accept such service on behalfofthe named Respondent(s) pursuant to 14 C.F.R. §302.7. 2. Upon receipt ofthe OAEP's supplemental statement, a further order shall issue.

Attachment: Service List

Page 3 of 3SERVICE LIST ORIGINAL & ONE COPY U.S. Department ofTransportation Dockets Operations, M-30 West Building, Ground Floor Room W12-10 1200 NewJersey Avenue, S.E. Washington, DC 20590

Mr. Samuel Podberesky, Esq Ms. Laura Jennings, Esq. 

### Complainant's Counsel ONE COPY

Office ofAviation Enforcement and Proceedings, C-70 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (W96-431) Washington, DC 20590 TEL: 202-366-0966 Friendship Airways, Inc. dba YellowAir Taxi 

### Respondent 2680 N.E. 24 Street Pompano, FL 33064 Mr. Christopher Behnam 

### Respondent President and Owner, Yellow Air Taxi 2680 N.E. 24 Street Pompano, FL 33064 Judge J.E. Sullivan 

### US. Administrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 DocketNo. OST-2013-0066