BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

Friendship Airways, Inc.

b/b/a Yellow Air Taxi, and WASHINGTON, D. C.

Christopher Behnam, Individually Violations of14 CFRPart 374 and 49 U.S.C. 

### §§ 41101 and 41712 Enforcement Proceeding Served June 6, 2013

Docket OST-2013-0066 Judge J.E. Sullivan

Motion for Default Judgment '
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Pursuant to section 302.11 ofthe Department's Rules ofPractice in Proceedings, 14 CFR Part 302, the Office ofAviation Enforcement and Proceedings (Enforcement Office) files this motion for a defaultjudgmentinthe above-captioned case. The Enforcement Office respectfully requests an order be issued finding the facts alleged inthe complaint to be true and ordering the Respondents, Friendship Airways, Inc. d/b/a YellowAir Taxi (YellowAir Taxi) and Christopher Behnam, to cease and desist from further violations and to pay a civil penalty of$67,500 within fifteen days ofthe effective date ofthe order. Enforcement Complaint On April3, 2013, the Enforcement Office filed a notice ofenforcement proceeding and accompanying complaint against the Respondents with the Department's Office ofHearings. The complaint concerns multiple failures ofYellowAir Taxi, a former air taxi operator, and Christopher Behnam, president and owner ofYellowAir Taxi, to provide prompt credit card refunds, or refunds at all, due to consumers who purchasedtickets on Yellow Air Taxi that could not be used. Onthe same day that the Enforcement Office filed the complaint, it also served the2 notice and complaint onthe Respondents byFirst-Class Mail. The notice and complaint was mailed to the Respondents' address ofrecord on file withboththe Department's Office ofthe Secretary ofTransportation and the Federal Aviation Administration. The notice and complaint
were again sent to the Respondents on April23, 2013, by Certified Mail, return-receipt requested, and by electronic mail on that same day. 1 OnApril26, 2013, the notice and complaint sent by Certified Mail was delivered to the address ofrecord and signed for by
someone other thanthe Respondent, Mr. Behnam. 

### See Attachment A. 2 To date, the Respondents have notresponded to the notice and complaint or filed an answer to the complaint. Default Judgment Failure ofa respondent to file and serve an answer within fifteen days after the date of service ofthe notice instituting a formal enforcementproceeding and the accompanying complaint authorizes an administrative lawjudge, as a matter ofdiscretion, to enter a default judgment. 14 CFR 302.408.-.409. Specifically, inthe event a respondent fails to file an answer, section 302.409 ofthe Department's rules permits an administrative lawjudgeto find the facts alleged inthe complaintto be true and to enter an appropriate order without notice or hearing. WHEREFORE, the Enforcement Office respectfully requests that this Motion for a Default Judgment be granted and for an order to be issued finding the facts alleged inthe

1 The certificate ofservice for the notice and the complaint stated thatthe documents would be served onthe Respondents by First-Class Mail and CertifiedMail, return-receipt requested. The documents, however, were inadvertently sent by First-Class Mail only on April3, 2013. Afterthis error was discovered, the notice and complaint were mailed by Certified Mail, return-receipt requested, on April23, 2013. We note that 14 CFR 302.7(b) states that service may be made by "first class mail, express mail, priority mail, registered or certifiedmail, facsimile, personal delivery, orby electronic mail." Thus, the Enforcement Office asserts that even the initial service by First-Class mail to the Respondent on April3, 2013, was sufficientunder the Department's rule.
2 "Attachment A" includes the mailing receipt for the notice and complaint, as well as the return receipt indicating the date the item was delivered and the recipient's signature.3 complaint to be true, ordering the Respondents to cease and desist from further violations and to pay a civil penalty of$67,500 within fifteen days ofthe effective date ofthe order. We respectfully request that this order be issued without notice orhearing, or, ifdeemed appropriate, with an offer ofproofofthe allegations set forth inthe complaint.

Respectfully submitted,

# ;:;::E~ Assistant General Counsel for Aviation Enforcement and Proceedings

LauraE. Jennings Senior Trial Attorney Office ofAviation Enforcement

and Proceedings 1200 NewJersey Ave., S.E. Washington, DC 20590 (202) 366-09664 Certificate ofService I certify that on June 6, 2013, the foregoing Motion for Default Judgment was served onthe Respondents byU.S. First-Class Mail and Certified Mail, return-receipt requested, addressed to the Respondents' address: 2680 N.E. 24 Street, Pompano Beach, Florida 33064.

# ~

By: SAMUEL PODBERESKY Assistant General Counsel for Aviation Enforcement and Proceedings

Laura Jennings Senior Trial Attorney Office ofAviation Enforcement

and Proceedings (202) 366-0966

# ATTACHMENT A"troet, Apt. No.: or.POBox/\kl City,**~;tate,** Zip-+4 $4.81 Christopher Behnam 2680 N.E. 24 Street Pompano Beach, FL 33064 0 ,._ 

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## UNITEDSTllTES 

# i'osriifsERVicE:"·
.. Date Produced: 04/29/2013

US DEPARTMENT OF TRANSPORTATION- NATION
The following is the delivery information for Certified MailTM item number 7179 1000 1643 0478 6680. Our records indicate that this item was delivered on 04/26/2013 at 11 :08 a.m. in POMPANO BEACH, FL, 33064. The scanned image ofthe recipient information is provided below. Signature of Recipient:

Address of Recipient: ted 18 ·.:..

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The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: Karla Hammonds C-70-Christophe