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 of 14 CFR Part 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 

' .. ' ·,-

Pursuant to section 302.11 of the Department's Rules of Practice in Proceedings, 14 CFR 

Part 302, the Office of Aviation Enforcement and Proceedings (Enforcement Office) files this 

motion for a default judgment in the above-captioned case. The Enforcement Office respectfully 

requests an order be issued finding the facts alleged in the complaint to be true and ordering the 

Respondents, Friendship Airways, Inc. d/b/a Yell ow Air Taxi (Yell ow Air Taxi) and Christopher 

Behnam, to cease and desist from further violations and to pay a civil penalty of $67,500 within 

fifteen days of the effective date ofthe order. 

Enforcement Complaint 

On April3, 2013, the Enforcement Office filed a notice of enforcement proceeding and 

accompanying complaint against the Respondents with the Department's Office of Hearings. 

The complaint concerns multiple failures of Yell ow Air Taxi, a former air taxi operator, and 

Christopher Behnam, president and owner of Yell ow Air Taxi, to provide prompt credit card 

refunds, or refunds at all, due to consumers who purchased tickets on Yellow Air Taxi that could 

not be used. On the same day that the Enforcement Office filed the complaint, it also served the 
2 

notice and complaint on the Respondents by First-Class Mail. The notice and complaint was 

mailed to the Respondents' address of record on file with both the Department's Office of the 

Secretary of Transportation 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 On April26, 2013, the notice and 

complaint sent by Certified Mail was delivered to the address of record and signed for by 

someone other than the Respondent, Mr. Behnam. See Attachment A.2 To date, the 

Respondents have not responded to the notice and complaint or filed an answer to the complaint. 

Default Judgment 

Failure of a respondent to file and serve an answer within fifteen days after the date of 

service of the notice instituting a formal enforcement proceeding and the accompanying 

complaint authorizes an administrative law judge, as a matter of discretion, to enter a default 

judgment. 14 CFR 302.408.-.409. Specifically, in the event a respondent fails to file an answer, 

section 302.409 of the Department's rules permits an administrative law judge to find the facts 

alleged in the complaint to 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 in the 

1 The certificate of service for the notice and the complaint stated that the documents would be served on the 

Respondents by First-Class Mail and Certified Mail, return-receipt requested. The documents, however, were 

inadvertently sent by First-Class Mail only on April3, 2013. After this 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 certified mail, 

facsimile, personal delivery, or by electronic mail." Thus, the Enforcement Office asserts that even the initial 

service by First-Class mail to the Respondent on April3, 2013, was sufficient under 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 of the effective date of the order. We 

respectfully request that this order be issued without notice or hearing, or, if deemed appropriate, 

with an offer of proof of the allegations set forth in the complaint. 

Respectfully submitted, 

;:;::E~ Assistant General Counsel for 

Aviation Enforcement and Proceedings 

Laura E. Jennings 

Senior Trial Attorney 

Office of Aviation Enforcement 

and Proceedings 

1200 New Jersey Ave., S.E. 

Washington, DC 20590 

(202) 366-0966 
4 

Certificate of Service 

I certify that on June 6, 2013, the foregoing Motion for Default Judgment was served on the 

Respondents by U.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 of Aviation Enforcement 

and Proceedings 

(202) 366-0966 
ATTACHMENT A 
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Christopher Behnam 

2680 N.E. 24 Street 

Pompano Beach, FL 33064 

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UNITED STllTES 

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Date Produced: 04/29/2013 

US DEPARTMENT OF TRANSPORTATION- NATION 

The following is the delivery information for Certified MailTM item number 7179 1000 1643 

04 78 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 of the recipient information is provided 

below. 

Signature of Recipient: 

Address of Recipient: 

ted 

18 

·.: .. 

Thank you for selecting the Postal Service for your mailing needs. If you require additional 

assistance, please contact your local post office or Postal Service representative. 

Sincerely, 

United States Postal Service 

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